BILL ANALYSIS Ó
SB 707
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 707
(Wolk) - As Amended August 17, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill amends the Gun-Free School Zone Act (Act) and
specifies further exceptions to the prohibition on carrying
ammunition on school grounds. Specifically, this bill:
SB 707
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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; however, allows campus
officials to make exceptions.
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 K-12
school.
FISCAL EFFECT:
Possession of a firearm in a school or university or college in
violation of the Act is a felony punishable in county jail for
two, three or five years, or state prison if the convicted has a
prior or current qualifying felony conviction; therefore:
1)Potentially moderate ongoing out-year costs in excess of
$150,000 (GF) for increased state prison commitments.
According to the California Department of Corrections (CDCR),
the contracted out-of-state annual bed rate is $29,000. If
there are more than three prison commitments per year and they
serve three years, the cost to CDCR will be $87,000 the first
year, $174,000, the second year, and $261,000 every year
thereafter.
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2)Unknown, probably moderate nonreimbursable local law
enforcement costs and incarceration costs, offset to a degree
by fine revenue.
COMMENTS:
1)Purpose. 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 concealed and loaded weapon (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)Background. The Gun-Free School Zone Act of 1995 (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 within a 1,000
feet from the grounds of any public or private K-12 school (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.
Under the Act, individuals who possess a valid CCW 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
SB 707
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to carry firearms within 1,000 feet of a school. Specific
exemptions are provided.
3)Support. According to The California Chapters of the Brady
Campaign to Prevent Gun Violence, " 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."
4)Opposition. According to the National Rifle Association of
America, "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."
5)Prior Legislation:
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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
the Gun-Free School Zone Act of 1995.
Analysis Prepared by:Pedro R Reyes / APPR. / (916)
319-2081