BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 707|
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UNFINISHED BUSINESS
Bill No: SB 707
Author: Wolk (D), et al.
Amended: 8/17/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-2, 4/14/15
AYES: Hancock, Leno, McGuire, Monning
NOES: Anderson, Stone
NO VOTE RECORDED: Liu
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 23-12, 6/1/15
AYES: Allen, Beall, Block, De León, Glazer, Hall, Hancock,
Hernandez, Hertzberg, Hill, Jackson, Lara, Leno, Leyva, Liu,
McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Wieckowski,
Wolk
NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff,
Moorlach, Morrell, Nielsen, Runner, Stone, Vidak
NO VOTE RECORDED: Cannella, Galgiani, Hueso, Nguyen, Roth
ASSEMBLY FLOOR: 54-24, 9/1/15 - See last page for vote
SUBJECT: Firearms: gun-free school zone
SOURCE: California College and University Police Chiefs
Association
DIGEST: This bill (1) allows 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; and, (2) deletes the exemption that allows a person
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holding a valid license to carry a concealed firearm to possess
a firearm on the campus of a university or college.
Assembly Amendments (1) exempt reserve officers, active and
retired, from the prohibition on carrying a firearm on school
grounds; (2) delete the exemption that allows a person to carry
ammunition or reloaded ammunition onto school grounds if the
person is licensed to carry a concealed firearm; and, (3)
specify exceptions to the prohibition on carrying ammunition on
school grounds, including an exception to that prohibition by
authorizing a person to carry ammunition or reloaded ammunition
onto school grounds if it is in a motor vehicle at all times and
is within a locked container or within the locked trunk of the
vehicle.
ANALYSIS:
Existing law:
1)Creates the Gun-Free School Zone Act of 1995. (Penal Code §
626.9(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
feet from the grounds of the public or private school. (Penal
Code § 626.9(e).)
3)States 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
subject to punishment, as specified. (Penal Code §
626.9(f)-(i).)
4)States, pursuant to Penal Code § 626.9(c), that the Gun-Free
School Zone Act of 1995 does not apply to possession of a
firearm under any of the following circumstances:
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
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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.
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, pursuant to Penal Code § 626.9(l), that the Gun-Free
School Zone Act of 1995 does not apply to:
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
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
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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.
i) An existing shooting range at a public or private school
or university or college campus.
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.
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;
c) Deletes an existing exemption permitting persons who
possess a concealed weapons permit; and,
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d) Exempts certain retired reserve peace officers who are
authorized to carry a concealed or loaded firearm.
Background
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 bill prohibits this group from carrying firearms on school
grounds, but allows them to carry firearms within 1,000 feet of
a school. This bill does, however, maintain the ability of a
school district superintendent, or equivalent school authority,
to provide a person with written permission to carry a firearm
on school grounds.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee :
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.
2)Unknown, probably moderate nonreimbursable local law
enforcement costs and incarceration costs, offset to a degree
by fine revenue.
SUPPORT: (Verified9/1/15)
California College and University Police Chiefs Association
(source)
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Association of California School Administrators
Association for Los Angeles Deputy Sheriffs
Brady Campaign to Prevent Gun Violence (California Chapters)
California Correctional Supervisors Organization
California Narcotics Officers
California Police Chiefs Association
California School Boards Association
California School Employees Association
California State University
Coalition Against Gun Violence, Santa Barbara County
County of Santa Barbara
Courage Campaign
Davis College Democrats
Davis Joint Unified School District
Fraternal Order of Police, California State Lodge
Law Center to Prevent Gun Violence
Long Beach Police Officers Association
Los Angeles Police Protective League
Los Angeles County Probation Officers Union
Los Angeles County Professional Peace Officers Association
Los Angeles Unified School District
Peace Officers Research Association
Physicians for Social Responsibility
Retired and Disabled Police of America
Riverside Sheriffs' Association
Sacramento County Deputy Sheriffs' Association
Santa Ana Police Officers Association
University of California, Office of the President
Violence Prevention Coalition
Women Against Gun Violence
Youth Alive!
OPPOSITION: (Verified9/1/15)
Calguns Foundation
California Rifle and Pistol Association, Inc.
Firearms Policy Coalition
Gun Owners of California
National Rifle Association
Five individuals
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ARGUMENTS IN SUPPORT: The California Chapters of the Brady
Campaign to Prevent Gun Violence states, with regard to the
February 27, 2015 version of this bill:
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
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 CCW license
holders 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 concealed, 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.
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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
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. 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. . .
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.
ARGUMENTS IN OPPOSITION: The National Rifle Association
states, with regard to the February 27, 2015 version of this
bill:
Senate Bill 707 amends the California Gun-Free School Zone Act
of 1995 to effectively prohibit the possession of firearms by
CCW holders and honorably retired law enforcement officers on
the grounds of K-12 schools and college campuses.
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 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 the 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 and
retired law enforcement officers from possessing firearms on
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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 the 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.
ASSEMBLY FLOOR: 54-24, 9/1/15
AYES: Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke,
Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh,
Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia,
Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Levine, Linder, Lopez, Low,
McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk,
Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,
Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Bigelow, Brough, Chang, Chávez,
Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Kim,
Lackey, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson,
Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Hadley, Maienschein
Prepared by:Jessica Devencenzi / PUB. S. /
9/1/15 21:35:22
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