BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 707 Hearing Date: April 14, 2015
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|Author: |Wolk |
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|Version: |February 27, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|JRD |
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Subject: Firearms: Gun-free School Zone
HISTORY
Source: Author
Prior Legislation:AB 624 (Allen) - Chap. 659, Stats. 1995
AB 2609 (Lampert) - Chap. 115, Stats. 1998
Support: California Chapters of the Brady Campaign to Prevent
Violence; California Public Defenders Association;
Friends Committee on Legislation of California; Law
Center to Prevent Gun Violence; Physicians for Social
Responsibility, Sacramento Chapter; Violence
Prevention Coalition; Women Against Gun Violence
Opposition:Sacramento County Deputy Sheriffs' Association;
California Correctional Supervisors Organization;
California Narcotics Officers; California Rifle and
Pistol Association, Inc.; Fraternal Order of Police,
California State Lodge; Long Beach Police Officers
Association; Los Angeles County Professional Peace
Officers Association; Retired & Disabled Police of
America; Santa Ana Police Officers Association;
California College and University Police Chiefs
Association (unless amended); 1 individual
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PURPOSE
The purpose of this legislation is to: (1) allow a person
holding a valid license to carry a concealed firearm, and a
retired peace officer authorized to carry a concealed or loaded
firearm, to carry a firearm in an area that is within 1,000 feet
of, but not on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12; and,
(2) delete the exemption that allows a person holding a valid
license to carry a concealed firearm, and a retired peace
officer authorized to carry a concealed or loaded firearm, to
possess a firearm on the campus of a university or college.
Existing law creates the Gun-Free School Zone Act of 1995.
(Penal Code § 626.9(a).)
Existing law defines a "school zone" to means an area in, or on
the grounds of, a public or private school providing instruction
in kindergarten or grades 1 to 12, or within a distance of 1,000
feet from the grounds of the public or private school. (Penal
Code § 626.9(e).)
Under existing law any person who possesses a firearm in a place
that the person knows, or reasonably should know, is a school
zone, unless it is with the written permission of the school
district superintendent, or equivalent school authority, is
punished as follows:
Any person who possesses a firearm in, or on the
grounds of, a public or private school providing
instruction in kindergarten or grades 1 to 12, is subject
to imprisonment pursuant to subdivision (h) of Section
1170 for two, three, or five years.
Any person who possesses a firearm within a distance of
1,000 feet from a public or private school providing
instruction in kindergarten or grades 1 to 12, is subject
to:
o Imprisonment in a county jail for not more
than one year or by imprisonment pursuant to
subdivision (h) of Section 1170 for two, three, or
five years; or,
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o Imprisonment pursuant to subdivision (h) of
Section 1170 for two, three, or five years, if any of
the following circumstances apply:
§ If the person previously has been
convicted of any felony, or of any crime made
punishable by any provision listed in Section
16580.
§ If the person is within a class of
persons prohibited from possessing or acquiring a
firearm, as specified.
§ If the firearm is any pistol,
revolver, or other firearm capable of being
concealed upon the person and the offense is
punished as a felony, as specified.
Any person who, with reckless disregard for the safety
of another, discharges, or attempts to discharge, a firearm
in a school zone shall be punished by imprisonment pursuant
to subdivision (h) of Section 1170 for three, five, or
seven years.
Every person convicted under this section for a
misdemeanor violation who has been convicted previously of
a misdemeanor offense, as specified, must be imprisoned in
a county jail for not less than three months.
Every person convicted under this section of a felony
violation who has been convicted previously of a
misdemeanor offense as specified, if probation is granted
or if the execution of sentence is suspended, he or she
must be imprisoned in a county jail for not less than three
months.
Every person convicted under this section for a felony
violation who has been convicted previously of any felony,
as specified, if probation is granted or if the execution
or imposition of sentence is suspended, he or she must be
imprisoned in a county jail for not less than three months.
Any person who brings or possesses a loaded firearm upon
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the grounds of a campus of, or buildings owned or operated
for student housing, teaching, research, or administration
by, a public or private university or college, without the
written permission of the university or college president,
his or her designee, or equivalent university or college
authority, must be punished by imprisonment pursuant to
subdivision (h) of Section 1170 for two, three, or four
years.
Any person who brings or possesses a firearm upon the
grounds of a campus of, or buildings owned or operated for
student housing, teaching, research, or administration by,
a public or private university or college, without the
written permission of the university or college president,
his or her designee, or equivalent university or college
authority, must be punished by imprisonment pursuant to
subdivision (h) of Section 1170 for one, two, or three
years.
(Penal Code § 626.9(f)-(i).)
Existing laws states that the Gun-Free School Zone Act of 1995
does not apply to possession of a firearm under any of the
following circumstances:
Within a place of residence or place of business or on
private property, if the place of residence, place of
business, or private property is not part of the school
grounds and the possession of the firearm is otherwise
lawful.
When the firearm is an unloaded pistol, revolver, or
other firearm capable of being concealed on the person and
is in a locked container or within the locked trunk of a
motor vehicle.
The lawful transportation of any other firearm, other
than a pistol, revolver, or other firearm capable of being
concealed on the person, in accordance with state law.
When the person possessing the firearm reasonably
believes that he or she is in grave danger because of
circumstances forming the basis of a current restraining
order issued by a court against another person or persons
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who has or have been found to pose a threat to his or her
life or safety, as specified.
When the person is exempt from the prohibition against
carrying a concealed firearm, as specified.
(Penal Code § 626.9(c).)
Existing law states that the Gun-Free School Zone Act of 1995
does not apply to:
A duly appointed peace officer;
A full-time paid peace officer of another state or the
federal government who is carrying out official duties
while in California;
Any person summoned by any of these officers to assist
in making arrests or preserving the peace while he or she
is actually engaged in assisting the officer;
A member of the military forces of this state or of the
United States who is engaged in the performance of his or
her duties;
A person holding a valid license to carry a concealed
firearm;
An armored vehicle guard, engaged in the performance of
his or her duties, as specified;
A security guard authorized to carry a loaded firearm;
An honorably retired peace officer authorized to carry a
concealed or loaded firearm; or,
An existing shooting range at a public or private school
or university or college campus.
(Penal Code § 626.9(l).)
This bill would allow a person holding a valid license to carry
a concealed firearm, and a retired peace officer authorized to
carry a concealed or loaded firearm, to carry a firearm in an
area that is within 1,000 feet of, but not on the grounds of, a
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public or private school providing instruction in kindergarten
or grades 1 to 12.
This bill would delete the exemption that allows a person
holding a valid license to carry a concealed firearm, and a
retired peace officer authorized to carry a concealed or loaded
firearm, to possess a firearm on the campus of a university or
college.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as "of
February 11, 2015, 112,993 inmates were housed in the State's 34
adult institutions, which amounts to 136.6% of design bed
capacity, and 8,828 inmates were housed in out-of-state
facilities. This current population is now below the
court-ordered reduction to 137.5% of design bed capacity."(
Defendants' February 2015 Status Report In Response To February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison
population, the state now must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
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demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1. Need for This Legislation
According to the Author:
In recent years there has been a disturbing increase
in the number of active shooter incidents on school,
college, and university campuses across the country,
with 42 such incidents in 2014. There have also been
an alarming number of sexual assaults on college and
university campuses. Recently, some gun rights
proponents in other states have sponsored legislation
to increase the opportunity for students and teachers
to bring firearms on school campuses with CCWs,
claiming this will deter sexual assaults and defend
against active shooters. These efforts have been
vigorously opposed by school public safety officials,
school administrators, and public safety advocates.
Research also indicates that bringing more firearms on
campus will lead to more campus violence and increase
the danger to students and others on campus.
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California law provides that the authority over school
safety belongs with school/campus authorities. SB 707
maintains that authority and allows school officials
to prohibit or allow a firearm on campus as they deem
appropriate. Closing the CCW exemption in California
law is consistent with efforts to maintain school and
college campuses as safe, gun free, environments for
students. SB 707 will ensure that students and
parents who expect a campus to be safe and "gun free"
can be confident that their expectation is being met
and that school officials remain in charge of who, if
anyone, is allowed to bring a firearm on their campus.
2. Effect of the Legislation
Honorably retired peace officers authorized to carry a concealed
or loaded firearm and individuals who possess a valid concealed
carry permit, are currently allowed to carry a firearm on school
campuses, including grade schools, high schools and college
campuses. This legislation would, instead, prohibit these two
groups form carrying firearms on school grounds, but would allow
them to carry firearms within 1,000 feet of a school.
California College and University Police Chiefs Association, who
were the original sponsors of this legislation and now have an
oppose unless amended position, request:
? that SB 707 be amended to remove the provisions
impacting honorably retired peace officers. If those
provisions are amended, we will support the bill
because the bill's focus will then properly be on
addressing unrestricted campus access of persons who
possess concealed weapons permits pursuant Penal Code
Section 26150.
We believe that honorably retired peace officers
represent a public safety asset and that it is a
mistake not to have the ready availability of those
officers. They are subject to stringent standards in
determining if they are to be given a firearms
endorsement upon retirement, must adhere to the same
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standards as the active officers employed by their
agency in order to retain that endorsement, are
subject to ongoing training requirements, and have
demonstrated an ability to take positive public safety
action when the occasion calls for that action. As
officers sworn to protect school campuses, we consider
the presence of an honorably retired peace officer -
with their decades of training and professionalism -
to be a distinct asset in our ability to carry out our
mission. The sad reality is that active shooter
incidents take place disproportionately on our
campuses and an honorably retired peace officer can
play a role in helping to keep such incidents in
check.
SHOULD PERSONS WITH A CONCEALED CARRY PERMIT BE ALLOWED TO
CARRY FIREARMS ON SCHOOL CAMPUSES, WITHOUT THE PERMISSION
OF THE SCHOOL AUTHORITY?
SHOULD RETIRED PEACE OFFICERS AUTHORIZED TO CARRY A
CONCEALED OR LOADED FIREARM, BE ALLOWED TO CARRY FIREARMS
ON SCHOOL CAMPUSES, WITHOUT THE PERMISSION OF THE SCHOOL
AUTHORITY?
3. Argument in Support
According to the California Chapters of the Brady Campaign to
Prevent Violence:
Existing law prohibits a person from possessing a
firearm in a school zone without the written
permission of certain school district officials. A
school zone includes school grounds and a distance
within 1,000 feet of a public or private K-12 school.
Additionally, existing law prohibits a person from
possessing a firearm upon the grounds of a public or
private university or college campus without the
written permission of specified university or college
officials. Persons holding a valid license to carry a
concealed and loaded weapon (CCW) and retired peace
officers authorized to carry concealed and loaded
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firearms are exempt from the school zone and
university or college prohibitions. SB 707 would
allow CCW license holders to carry a concealed firearm
within 1,000 feet but not on the grounds of a K-12
school and not on the campus of a university or
college. Firearms, including concealed loaded
handguns, could still be allowed on school grounds or
campuses with the permission of school officials.
The Brady Campaign strongly believes that the
discretion to allow concealed, loaded guns on a school
grounds and college or university campuses must lie
with school authorities, who bear the responsibility
for the wellbeing and safety of their students. Under
existing law, county sheriffs issue CCW permits and
thereby determine who may carry a concealed, loaded
gun on school grounds or campuses. This creates the
opportunity for a 21 year old from a rural county to
obtain a CCW permit and carry a loaded, hidden handgun
in a dormitory on an urban campus.
This is one area of firearm law in which California
lags behind many other states. According to the Law
Center to Prevent Gun Violence, which tracks state
firearm laws, 39 states and the District of Columbia
prohibit those with CCW permits from possessing
concealed firearms within school zones and 23 states
specify that CCW permit holders may not carry
concealed firearms on college and university campuses.
California is not one of these states.
The national trend on this issue is disturbing as
legislation has been introduced in at least 16 states
that would force guns onto college and university
campuses. Proponents are even suggesting that more
guns on campuses would stop student rape.
Additionally, legislation is being pushed in 20 states
to allow people to carry hidden, loaded handguns in
public without a permit. Moreover, federal
reciprocity legislation (H.R. 402 and S. 498) has been
introduced that would require states to recognize CCW
permits from other states, including those with
reprehensibly low standards. States that use law
enforcement discretion, such as California, would be
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forced to recognize CCW permits from other states,
even if the permit holder would not pass a background
check in the state. The threat of national CCW
reciprocity heightens the importance of SB 707 and the
need to remove the exemption that allows CCW license
holders to carry guns on school grounds and campuses
in California. . .
Under SB 707, the number of hidden, loaded firearms
legally brought onto school grounds and college
campuses will be reduced and the safety of students
and others will increase.
4. Argument in Opposition
According to Sacramento County Deputy Sheriffs'
Association:
SB 707 would make criminals out of our retired peace
officer members who visit a school campus. This bill
would delete the exemption in current law that allows
a retired peace officer who is authorized to carry a
concealed or loaded firearm, to possess a firearm on a
school campus. Although the bill allows school
officials to determine whether or not an exception to
this prohibition should ever be made, the safety of
our retired members should not rest on the whim of a
school official.
Retired peace officers protected and served the public
while earning the enmity of those in society who ran
afoul of the law. Retired officers carry their
weapons as a means of personal protection. Recent
attacks demonstrate the need for peace officers-even
retired peace officers-to be able to defend themselves
if necessary.
Forcing our retired members to choose between picking
up their children or grandchildren form school or
attending school events and ensuring their own ability
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to protect themselves or their loved ones is a
decision they should not be required to make. Neither
should retired officers be forced to jeopardize their
safety in order to take college classes.
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