BILL ANALYSIS Ó SB 707 Page 1 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. SB 707 Page 2 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 SB 707 Page 3 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 SB 707 Page 4 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. SB 707 Page 5 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. SB 707 Page 6 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 SB 707 Page 7 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. SB 707 Page 8 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: SB 707 Page 9 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 SB 707 Page 10 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 SB 707 Page 11 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 SB 707 Page 12 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 SB 707 Page 13 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 SB 707 Page 14 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 SB 707 Page 15 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 SB 707 Page 16 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 SB 707 Page 17 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 SB 707 Page 18