BILL ANALYSIS Ó SB 707 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 707 (Wolk) - As Amended August 17, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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. SB 707 Page 3 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 Page 4 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: SB 707 Page 5 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