BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  July 14, 2015


          Counsel:               Gabriel Caswell








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          707 (Wolk) - As Amended July 2, 2015





          SUMMARY:  Specifies that persons who possess a concealed weapons  
          permit may not possess that firearm on school grounds as  
          specified.  Specifically, this bill:  





          1)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.








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          2)Permits 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.



          3)Specifies further exceptions to the prohibition on carrying  
            ammunition on school grounds:  



             a)   Exempts specified active and honorably retired peace  
               officers from the prohibition; 

             b)   Exempts persons carrying ammunition onto school ground  
               that is in a motor vehicle which is in a locked container  
               within the trunk of the vehicle; and,  



             c)   Deletes an existing exemption permitting persons who  
               possess a concealed weapons permit.   



          EXISTING LAW:  





          1)Creates the Gun-Free School Zone Act of 1995.  (Pen. Code, §  
            626.9 subd. (a).)  

          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  








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            feet from the grounds of the public or private school.  (Pen.  
            Code, § 626.9, subd. (e).)  



          3)Provides 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  
            punished as follows: (Pen. Code, § 626.9, subds. (f)-(i).)



             a)   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  
               for two, three, or five years.

             b)   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:



               i)     Imprisonment in a county jail for not more than one  
                 year or by imprisonment for two, three, or five years;  
                 or,

               ii)    Imprisonment for two, three, or five years, if any  
                 of the following circumstances apply:



                  (1)       If the person previously has been convicted of  
                    any felony, or of any specified crime.

                  (2)       If the person is within a class of persons  
                    prohibited from possessing or acquiring a firearm, as  








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                    specified.



                  (3)       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.



             c)   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 for  
               three, five, or seven years.

             d)   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.



             e)   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.



             f)   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.










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             g)   Any person who brings or possesses a loaded 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 for two, three,  
               or four years. 



             h)   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 for one, two,  
               or three years. 



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

             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.










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             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 that the Gun-Free School Zone Act of 1995 does not  
            apply to: (Pen. Code, § 626.9, subd. (l).) 

             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  








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               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; or, 



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



          6)Specifies that unless it is with the written permission of the  
            school district superintendent, the superintendent's designee,  
            or equivalent school authority, no person shall carry  
            ammunition or reloaded ammunition onto school grounds, except  
            sworn law enforcement officers acting within the scope of  
            their duties or persons exempted under specified peace officer  
            exceptions to concealed weapons prohibitions.  Exempts the  
            following persons:

             a)   A duly appointed peace officer as defined.








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             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 an arrest or preserving the peace while that  
               person 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 that  
               person's duties.



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



             f)   An armored vehicle guard, who is engaged in the  
               performance of that person's duties. 





          FISCAL EFFECT:  





          COMMENTS:  










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          1)Author's Statement:  According to the author, "The California  
            Gun Free School Act prohibits bringing a firearm on any  
            school, college, or university campus, but exempts those who  
            carry a concealed weapons permit. SB 707 repeals this  
            exemption, yet retains the authority of campus officials to  
            allow firearms, including concealed ones, on campus as they  
            see deem appropriate. Closing the CCW school grounds exemption  
            in California is consistent with efforts to maintain school  
            and college campuses as safe, gun free, environments. 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 are fully in charge of  
            who is allowed to bring a firearm on their campus."  

          2)Gun-Free School Zone Act of 1995:  Enacted by AB 645 (Allen),  
            Chapter 1015, Statutes of 1994, the Gun-Free School Zone Act,  
            hereafter referred to as the "Act," generally provides that   
            any person who possesses, discharges, or attempts to discharge  
             a firearm, in a place that the person knows, or reasonably  
            should know, is a within a distance of 1,000 feet from the   
            grounds of any public or private school, kindergarten or  
            Grades 1 to 12, (a "school zone"), without written permission,  
            may be found guilty of a felony or misdemeanor and is subject   
            to a term in county jail or state prison.   
             
             The Act does not require that notices be posted regarding  
            prohibited conduct under the Act; therefore, it is incumbent  
            on the individual possessing the firearm to be knowledgeable   
            of and adhere to the Act.

            A "school zone" is defined as an area in, or on the grounds  
            of, a public or private school providing instruction in  
            kindergarten or Grades 1 to 12, inclusive, and within a  
            distance of 1,000 feet from the grounds of the public or  
            private school.  The Act also provides specific definitions of  
            a "loaded" firearm and a "locked container" for securing  
            firearms.  
          3)Effect of this Bill and the Honorably Retired Peace Officer  








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            Amendments:  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 CCW permit holders form carrying  
            firearms on school grounds, but would allow them to carry  
            firearms within 1,000 feet of a school.  The bill as  
            originally drafted also prohibited honorably retired peace  
            officers from carrying firearms of school campuses.  The July  
            2, 2015 amendments to the bill exempt honorably retired peace  
            officers from the prohibition.  
            
            Opposition groups argue that because the bill now exempts  
            honorably retired peace officers, the bill is not in violation  
            of the Equal Protection Clause of the 14th Amendment.  The  
            Firearms Policy Coalition cites Silveira v. Lockyer (9th Cir.  
            2002) 312 F.3d 1052; which struck down a provision exempting  
            retired peace officers from the prohibitions of the California  
            Assault Weapons Control Act on Equal Protection grounds,  
            holding that there was no rational basis to treat retired  
            officers differently from similarly situated members of the  
            general public.  The constitutional question for this bill  
            would be whether there is a rational basis for exempting  
            honorably retired peace officers from the prohibitions of the  
            Gun-Free School Zone Act of 1995.  
           


          4)Argument in Support:  According to The California Chapters of  
            the Brady Campaign to Prevent Gun 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  








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            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 persons holding a  
            CCW license 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 hidden, 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  








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            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 where  
            they are carrying.  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.

            "In Peruta v. County of San Diego, the Ninth Circuit Court of  
            Appeals found, in February 2014, that California's CCW  
            standard, which requires the applicant to show good cause and  
            gives discretion to local law enforcement, was  
            unconstitutional.  After the ruling, several counties in  
            California began to issue more CCW permits.  Although the 9th  
            Circuit vacated and reheard Peruta en banc in June, the recent  
            increase in CCW permits allows for more guns to be carried in  
            school zones and college and university campuses. 

            "College aged students may engage in risky or impulsive  
            behavior, be under the influence of alcohol or drugs, or  
            suffer from pressure or depression and be at risk of suicide.   
             Allowing a student CCW license holder to carry guns on  
            college and university campuses means that more students will  
            have access to firearms.  Furthermore, the Violence Policy  
            Center has documented homicides, suicides, accidental  
            shootings and at least 29 mass shootings (since May 2007)  
            committed by CCW license holders.

            "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.   
            The California Brady Campaign Chapters urge your AYE vote on  
            this important measure."  

          5)Argument in Opposition:  According to the National Rifle  
            Association of America, "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  








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            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 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 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 to 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, 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."  

          6)Prior Legislation:  

             a)   AB 2609 (Lampert), Chapter 115, Statutes of 1998,  
               clarified the Gun Free School Zone Act (Act) to forbid the  
               bringing or possession of any firearm on the grounds of, or  
               in any buildings owned or operated by a public or private  
               university or college used for the purpose of student  
               housing, teaching, research or administration, that are  
               contiguous or are clearly marked university property.   
               Exempts specified law enforcement and security personnel.

             b)   AB 624 (Allen), Chapter 659, Statutes of 1995, passed  








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               the Gun-Free School Zone Act of 1995.




          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          California College and University Police Chiefs Association  
          (Sponsor)


          Association for California School Administrators 


          Association for Los Angeles Deputy Sheriffs 


          California Association of Code Enforcement Officers 


          California Chapters of the Brady Campaign 


          California Correctional Supervisors Organization 


          California Narcotic Officers Association 










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          California Police Chiefs Association 


          California School Boards Association 


          California School Employees Association


          California State PTA  


          California State University System 


          Courage Campaign 


          Davis College Democrats 


          Davis Joint Unified School District 


          Fraternal Order of Police 


          L.A. County Probation Officers Union 


          Law Center to Prevent Gun Violence 
                                                        

          Long Beach Police Officers Association 


          Los Angeles County Democratic Party 










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          Los Angeles County Professional Peace Officers Association


          Los Angeles Police Protective League  


          Los Angeles Unified School District 


          Peace Officers Research Association of California 


          Physicians for Social Responsibility, Sacramento Chapter 


          Retired and Disabled Police of America 


          Riverside Sheriffs' Association 


          Sacramento Deputy Sheriffs' Association 


          Santa Ana Police Officers Association 


          South County Citizens Against Gun Violence


          Violence Prevention Coalition 


          Women Against Gun Violence 


          Youth Alive 










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          1 private individual 





          Opposition


          


          California Association of Licensed Investigators


          California Rifle and Pistol Association 


          Firearms Policy Coalition 


          Gun Owners of California 


          National Rifle Association of America 





          Analysis Prepared by:Gabriel Caswell / PUB. S. / (916)  
          319-3744












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