BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 707| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 707 Page 2 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 SB 707 Page 3 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 SB 707 Page 4 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, SB 707 Page 5 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) SB 707 Page 6 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 SB 707 Page 7 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. SB 707 Page 8 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 SB 707 Page 9 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 **** END **** SB 707 Page 10