BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                        SB 707|
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                                    THIRD READING


          Bill No:  SB 707
          Author:   Wolk (D), et al.
          Amended:  5/4/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  4-2, 4/14/15
           AYES:  Hancock, Leno, McGuire, Monning
           NOES:  Anderson, Stone
           NO VOTE RECORDED:  Liu

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
           
           SUBJECT:   Firearms:  gun-free school zone


          SOURCE:    California College and University Police Chiefs  
          Association
          
          DIGEST:  This bill (1) allows a person holding a valid license  
          to carry a concealed 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) deletes the exemption that allows a person  
          holding a valid license to carry a concealed firearm to possess  
          a firearm on the campus of a university or college. 
          
          ANALYSIS:   

          Existing law: 

          1)Creates the Gun-Free School Zone Act of 1995.  (Penal Code   
            626.9(a).)  








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          2)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).)  

          3)States that 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  
            subject to punishment, as specified.  (Penal Code   
            626.9(f)-(i).)

          4)States, pursuant to Penal Code  626.9(c), that the Gun-Free  
            School Zone Act of 1995 does not apply to possession of a  
            firearm under any of the following circumstances:

             a)   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.

             b)   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.

             c)   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.

             d)   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  
               who has or have been found to pose a threat to his or her  
               life or safety, as specified.

             e)   When the person is exempt from the prohibition against  
               carrying a concealed firearm, as specified. 

          5)States, pursuant to Penal Code  626.9(l), that the Gun-Free  







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            School Zone Act of 1995 does not apply to:

             a)   A duly appointed peace officer.

             b)   A full-time paid peace officer of another state or the  
               federal government who is carrying out official duties  
               while in California.

             c)   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.

             d)   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.

             e)   A person holding a valid license to carry a concealed  
               firearm.

             f)   An armored vehicle guard, engaged in the performance of  
               his or her duties, as specified.

             g)   A security guard authorized to carry a loaded firearm.

             h)   An honorably retired peace officer authorized to carry a  
               concealed or loaded firearm. 

             i)   An existing shooting range at a public or private school  
               or university or college campus.

          This bill:

          1)Allows a person holding a valid license to carry a concealed  
            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. 

          2)Deletes the exemption that allows a person holding a valid  
            license to carry a concealed firearm to possess a firearm on  
            the campus of a university or college. 

          Background

          Individuals who possess a valid concealed carry permit are  







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          currently allowed to carry a firearm on school campuses,  
          including grade schools, high schools and college campuses.   
          This bill prohibits this group from carrying firearms on school  
          grounds, but allows them to carry firearms within 1,000 feet of  
          a school.  This bill does, however, maintain the ability of a  
          school district superintendent, or equivalent school authority,  
          to provide a person with written permission to carry a firearm  
          on school grounds. 
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee:  

           Potential future increase in state costs (General Fund),  
            likely minor, to the extent narrowing and deleting exemptions  
            from the Gun-Free School Zone Act result in additional  
            violations of the Act and subsequent state prison commitments.  
            The CDCR indicates no more than 10 new commitments per year  
            over the last two years. However, future annual cumulative  
            costs for even one or two commitments over two years would  
            exceed $50,000 to $100,000 (General Fund) assuming an 18-month  
            average length of stay.


           Potential future increase in non-reimbursable local costs  
            (Local Fund) for enforcement and additional felony or  
            misdemeanor jail terms, to the extent narrowing and deleting  
            exemptions from the Gun-Free School Zone Act result in  
            additional violations of the Act.


          SUPPORT:   (Verified 5/28/15)

          California College and University Police Chiefs Association  
          (source)
          Association of California School Administrators
          Association for Los Angeles Deputy Sheriffs
          Brady Campaign to Prevent Gun Violence (California Chapters)
          California Correctional Supervisors Organization
          California Narcotics Officers
          California Police Chiefs Association
          California School Boards Association
          California School Employees Association







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          California State University
          Coalition Against Gun Violence, Santa Barbara County
          County of Santa Barbara
          Courage Campaign
          Davis College Democrats
          Davis Joint Unified School District
          Fraternal Order of Police, California State Lodge
          Law Center to Prevent Gun Violence
          Long Beach Police Officers Association
          Los Angeles Police Protective League
          Los Angeles County Probation Officers Union
          Los Angeles County Professional Peace Officers Association
          Los Angeles Unified School District
          Peace Officers Research Association 
          Physicians for Social Responsibility
          Retired and Disabled Police of America
          Riverside Sheriffs' Association
          Sacramento County Deputy Sheriffs' Association
          Santa Ana Police Officers Association
          University of California, Office of the President
          Violence Prevention Coalition
          Women Against Gun Violence
          Youth Alive!

          OPPOSITION:   (Verified 5/28/15)

          Calguns Foundation
          California Rifle and Pistol Association, Inc.
          Firearms Policy Coalition
          Gun Owners of California
          National Rifle Association
          5 individuals 

          ARGUMENTS IN SUPPORT:      The California Chapters of the Brady  
          Campaign to Prevent Gun Violence states, with regard to the  
          February 27, 2015 version of this bill:  

            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  







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            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 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 forced to  
            recognize CCW permits from other states, even if the permit  
            holder would not pass a background check in the state.  The  







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            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.  

          ARGUMENTS IN OPPOSITION:      The National Rifle Association  
          states, with regard to the February 27, 2015 version of this  
          bill: 
          
              Senate Bill 707 amends the California Gun-Free School Zone  
              Act of 1995 to effectively prohibit the possession of  
              firearms by CCW holders and honorably retired law  
              enforcement officers on the grounds of K-12 schools and  
              college campuses.

              This bill was introduced in the wake of an incident  
              involving vice principal Kent Williams of Tevis Junior High  
              School, who was arrested in 2014 for bringing a firearm onto  
              school property despite possessing a valid CCW license. All  
              criminal charges against him were dropped, and he is now  
              suing the city and the police department for wrongful  
              arrest. Williams v. Bakersfield, No. 14-01955 (E.D.Cal.  
              filed Dec. 8, 2014).

              Senate Bill 707 would effectively prohibit CCW holders and  
              retired law enforcement officers from possessing firearms on  
              any properties that make up the grounds of a K-12 school or  
              university, including many parking lots, common areas that  
              may not be readily identifiable as school grounds, and  
              student apartment buildings. Due the imprecise language used  
              in current penal code section 626.9, SB 707 will further  
              promote inadvertent violations and unjust prosecutions of  
              otherwise law-abiding firearm owners. This legislation  
              raises significant concerns under the Second Amendment by  
              further infringing the rights of law-abiding- and properly  
              licensed and trained individuals- to possess a firearm for  
              self-defense. From a practical perspective, SB 707  
              improperly expands prohibitions on the possession of  
              firearms by persons who pose no threat to public safety. In  
              doing so, this legislation would leave these individuals,  







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              and all other persons on California campuses, defenseless  
              against violent criminals that target California schools and  
              universities without regard for these restrictions, barring  
              what a majority of law enforcement officers believe to be  
              the most effective line of defense against mass shootings.


          Prepared by:Jessica  Devencenzi / PUB. S. /
          6/1/15 9:46:13


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