BILL ANALYSIS Ó
SB 707
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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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