BILL ANALYSIS Ó
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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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