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:








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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  








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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