Existing law, the Gun-Free School Zone Act of 1995, subject to exceptions, prohibits a person from possessing a firearm in a place that the person knows, or reasonably should know, is a school zone, unless with the written permission of certain school district officials. Existing law defines a school zone as an area on the grounds of a school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet of that school. Existing law, subject to exceptions, prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college, or buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, that are contiguous or are clearly marked university property, as specified, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a retired peace officer authorized to carry a concealed or loaded firearm.

This bill would exempt from both the school zone and the university prohibitions a person holding a valid license to carry a concealed firearm who is also protected by a domestic violence protective order, as specified.

Existing law, subject to exceptions, prohibits carrying ammunition or reloaded ammunition onto school grounds unless it is with the written permission of the school district superintendent, the superintendents designee, or equivalent school authority.

This bill would exempt from that prohibition a person holding a valid license to carry a concealed firearm who is also protected by a domestic violence protective order, as specified. The bill would make additional technical, nonsubstantive changes.

Date of Hearing: April 19, 2016

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

VOTE ONLY

SUMMARY: Exempts persons holding valid licenses to carry a concealed firearm (CCW) who are also protected by a domestic violence protective order from both the school zone and the university prohibitions from possessing a firearm on a school zone campus.

EXISTING LAW:

1. Creates the Gun-Free School Zone Act of 1995. (Pen. Code, § 626.9 subd. (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. (Pen. Code, § 626.9, subd. (e).)
   
3. Provides 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 punished as follows: (Pen. Code, § 626.9, subds. (f)-(i).)
   
   1. Any person who possesses a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, is subject to imprisonment for two, three, or five years.
      
   2. Any person who possesses a firearm within a distance of 1,000 feet from a public or private school providing instruction in kindergarten or grades 1 to 12, is subject to:
      
      1. Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
         
      2. Imprisonment for two, three, or five years, if any of the following circumstances apply:
         
         1. If the person previously has been convicted of any felony, or of any specified crime.
            
         2. If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
            
         3. If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony, as specified.
            
   3. Any person who, with reckless disregard for the safety of another, discharges, or attempts to discharge, a firearm in a school zone shall be punished by imprisonment for three, five, or seven years.
      
   4. Every person convicted under this section for a misdemeanor violation who has been convicted previously of a misdemeanor offense, as specified, must be imprisoned in a county jail for not less than three months.
      
   5. Every person convicted under this section of a felony violation who has been convicted previously of a misdemeanor offense as specified, if probation is granted or if the execution of sentence is suspended, he or she must be imprisoned in a county jail for not less than three months.
      
   6. Every person convicted under this section for a felony violation who has been convicted previously of any felony, as specified, if probation is granted or if the execution or imposition of sentence is suspended, he or she must be imprisoned in a county jail for not less than three months.
      
   7. Any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, without the written permission of the university or college president, his or her designee, or equivalent university or college authority, must be punished by imprisonment for two, three, or four years.
      
   8. Any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, without the written permission of the university or college president, his or her designee, or equivalent university or college authority, must be punished by imprisonment for one, two, or three years.
      
4. States that the Gun-Free School Zone Act of 1995 does not apply to possession of a firearm under any of the following circumstances: (Pen. Code, § 626.9, subd. (c).)
   
   1. 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 lawful.
      
   2. 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.
      
   3. 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.
      
   4. 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.
      
   5. When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
      
5. States that the Gun-Free School Zone Act of 1995 does not apply to: (Pen. Code, § 626.9, subd. (l).)
   
   1. A duly appointed peace officer;
      
   2. A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
      
   3. 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;
      
   4. 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;
      
   5. A person holding a valid license to carry a concealed firearm;
      
   6. An armored vehicle guard, engaged in the performance of his or her duties, as specified;
      
   7. A security guard authorized to carry a loaded firearm;
      
   8. An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
      
   9. An existing shooting range at a public or private school or university or college campus.
      
6. Specifies that unless it is with the written permission of the school district superintendent, the superintendent's designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties or persons exempted under specified peace officer exceptions to concealed weapons prohibitions. Exempts the following persons: (Pen. Code, § 626.9, subd. (l).)
   
   1. A duly appointed peace officer as defined.
      
   2. A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
      
   3. Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer.
      
   4. A member of the military forces of this state or of the United States who is engaged in the performance of that person's duties.
      
   5. A person holding a valid license to carry the firearm.
      
   6. An armored vehicle guard, who is engaged in the performance of that person's duties.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author's Statement: According to the author, “victims of domestic should be able to protect themselves at all times. Preventing victims who possess a valid CCW permits from carrying firearms on school grounds will only make them more vulnerable to abuse and attacks.”
2. Persons with Concealed Carry Permits may Carry Weapons on School Grounds if Authorized by School Officials: Under the existing code section for the Gun-Free School Zone Act, any person can possess a concealed weapon on school grounds provided that they have permission from school officials. The relevant code sections read as follows:

"[A]ny 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 punished…" (Pen. Code, § 626.9, subd (b).) (emphasis added.)

"Unless it is with the written permission of the school district superintendent, the superintendent's designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers in the scope of their duties." (Pen. Code, § 30310, subd. (a).) (emphasis added.)

The legislature has made a policy decision, that persons may carry firearms on school grounds with the written permission of school officials. The reason for this is to enhance public safety. Specifically, it is in the interests of public safety that school officials know that firearms are being carried on school grounds. Additionally, if a person has a domestic violence restraining order and the feel the need to carry a concealed weapon at work to defend themselves, school officials should know that danger is looming as well.

1. Gun-Free School Zone Act of 1995: Enacted by AB 645 (Allen), Chapter 1015, Statutes of 1994, the Gun-Free School Zone Act, hereafter referred to as the "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 a within a distance of 1,000 feet from the grounds of any public or private school, kindergarten or Grades 1 to 12, (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.

The Act does not require that notices be posted regarding prohibited conduct under the Act; therefore, it is incumbent on the individual possessing the firearm to be knowledgeable of and adhere to the Act.

A "school zone" is defined as an area in, or on the grounds of, a public or private school providing instruction in kindergarten or Grades 1 to 12, inclusive, and within a distance of 1,000 feet from the grounds of the public or private school. The Act also provides specific definitions of a "loaded" firearm and a "locked container" for securing firearms.

1. Argument in Support: According to Safari Club International, "it is considered appropriate that persons possessing a permit to carry a concealed weapon (CCW) who are issued a protective order based on a threat of domestic violence be able to defend themselves if necessary while being in a school zone. They should be able to carry their concealed firearm wherever they go. Otherwise, they would be left defenseless if assaulted while within a school zone."
2. Argument in Opposition: According to The California Chapters of the Brady Campaign to Prevent Gun Violence, "In furtherance of our goal to reduce firearm violence in our communities, including on school grounds and college campuses, the California Brady Campaign Chapters are taking an oppose position to your bill, AB 2340.

"Legislation was enacted last year (SB 707) that prohibits persons holding a valid license to carry a concealed and loaded weapon (CCW) to bring the gun on the grounds of a K-12 school or on the campus of a university or college. Firearms, including concealed, loaded handguns, can still be allowed on school grounds or campuses with the written permission of school officials. AB 2340 would exempt CCW holders who are protected by a domestic violence protective order from the prohibition. Such person would also be exempt from the prohibition on carrying ammunition onto school grounds. The reasons for prohibiting CCW holders from carrying guns on school grounds and campuses have not changed since last year and apply to AB 2340.

"Under existing law, county sheriffs issue CCW permits and thereby determine who may carry a concealed, loaded gun on school grounds or campuses. Although there is a big variance in standards for issuing CCW permits among sheriffs, a permit is valid in any county in the state. Under AB 2340, a person who obtained a CWW permit in a rural county could be carrying a loaded gun on a campus in an urban setting. The Brady Campaign strongly believes that the discretion to allow hidden, loaded guns on a school grounds and college or university campuses must ultimately lie with school authorities, who bear the responsibility for the well-being and safety of their students.

"Moreover, it is very important for school authorities to know who has a loaded, hidden gun on campus. It has become standard practice for schools to prepare for a campus shooting incident. Active shooter drills are conducted and procedures are developed in collaboration with local law enforcement agencies. In a real school shooting, the presence of an armed person, who is unaware of the preparedness plan and whose intent may be unknown, adds unnecessary confusion and risk to the situation.

"The Violence Policy Center has documented homicides, suicides, accidental shootings and at least 29 mass shootings (since May 2007) committed by CCW license holders. Under existing law, they cannot carry their guns in many sensitive places. Similarly, those CCW permit holders who are also protected by a domestic violence protective order cannot carry their gun in many locations and schools should be no different.

"If a person feels threatened to the point where she or he feels the need to have a gun for a potential shootout, then that person should not be on school grounds or a college campus. Young children or older students could be killed in the crossfire.  Safely using a firearm in such an emotionally charged or stressful situation would be difficult and would put many at great risk of being shot."

1. Prior Legislation:
   1. SB 707 (Wolk), Chapter 766, Statutes of 2015, specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds as specified.
   2. 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.
      
   3. AB 624 (Allen), Chapter 659, Statutes of 1995, passed the Gun-Free School Zone Act of 1995.

REGISTERED SUPPORT / OPPOSITION:

Support

California Rifle and Pistol Association

California Sportsmen's Lobby, Inc.
Mono County Deputy Sheriff’s Association

National Rifle Association of America

Outdoor Sportsmen's Coalition of California

Peace Officer Research Association of California

Safari Club International

1 Private Individual

Opposition

California Chapters of the Brady Campaign to Prevent Gun Violence

California Federation of Teachers

Law Center to Prevent Gun Violence

Analysis Prepared by:

Date of Hearing:

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2340

Author:(Gallagher) – As Introduced Ver:February 18, 2016

MOTION TO GRANT RECONSIDERATION ONLY

SUMMARY: Exempts persons holding valid licenses to carry a concealed firearm (CCW) who are also protected by a domestic violence protective order from both the school zone and the university prohibitions from possessing a firearm on a school zone campus.

EXISTING LAW:

1. Creates the Gun-Free School Zone Act of 1995. (Pen. Code, § 626.9 subd. (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. (Pen. Code, § 626.9, subd. (e).)
   
3. Provides 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 punished as follows: (Pen. Code, § 626.9, subds. (f)-(i).)
   
   1. Any person who possesses a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, is subject to imprisonment for two, three, or five years.
      
   2. Any person who possesses a firearm within a distance of 1,000 feet from a public or private school providing instruction in kindergarten or grades 1 to 12, is subject to:
      
      1. Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
         
      2. Imprisonment for two, three, or five years, if any of the following circumstances apply:
         
         1. If the person previously has been convicted of any felony, or of any specified crime.
            
         2. If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
            
         3. If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony, as specified.
            
   3. Any person who, with reckless disregard for the safety of another, discharges, or attempts to discharge, a firearm in a school zone shall be punished by imprisonment for three, five, or seven years.
      
   4. Every person convicted under this section for a misdemeanor violation who has been convicted previously of a misdemeanor offense, as specified, must be imprisoned in a county jail for not less than three months.
      
   5. Every person convicted under this section of a felony violation who has been convicted previously of a misdemeanor offense as specified, if probation is granted or if the execution of sentence is suspended, he or she must be imprisoned in a county jail for not less than three months.
      
   6. Every person convicted under this section for a felony violation who has been convicted previously of any felony, as specified, if probation is granted or if the execution or imposition of sentence is suspended, he or she must be imprisoned in a county jail for not less than three months.
      
   7. Any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, without the written permission of the university or college president, his or her designee, or equivalent university or college authority, must be punished by imprisonment for two, three, or four years.
      
   8. Any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, without the written permission of the university or college president, his or her designee, or equivalent university or college authority, must be punished by imprisonment for one, two, or three years.
      
4. States that the Gun-Free School Zone Act of 1995 does not apply to possession of a firearm under any of the following circumstances: (Pen. Code, § 626.9, subd. (c).)
   
   1. 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 lawful.
      
   2. 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.
      
   3. 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.
      
   4. 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.
      
   5. When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
      
5. States that the Gun-Free School Zone Act of 1995 does not apply to: (Pen. Code, § 626.9, subd. (l).)
   
   1. A duly appointed peace officer;
      
   2. A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
      
   3. 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;
      
   4. 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;
      
   5. A person holding a valid license to carry a concealed firearm;
      
   6. An armored vehicle guard, engaged in the performance of his or her duties, as specified;
      
   7. A security guard authorized to carry a loaded firearm;
      
   8. An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
      
   9. An existing shooting range at a public or private school or university or college campus.
      
6. Specifies that unless it is with the written permission of the school district superintendent, the superintendent's designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties or persons exempted under specified peace officer exceptions to concealed weapons prohibitions. Exempts the following persons: (Pen. Code, § 626.9, subd. (l).)
   
   1. A duly appointed peace officer as defined.
      
   2. A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
      
   3. Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer.
      
   4. A member of the military forces of this state or of the United States who is engaged in the performance of that person's duties.
      
   5. A person holding a valid license to carry the firearm.
      
   6. An armored vehicle guard, who is engaged in the performance of that person's duties.

FISCAL EFFECT:

COMMENTS:

1. Author's Statement: According to the author, “victims of domestic should be able to protect themselves at all times. Preventing victims who possess a valid CCW permits from carrying firearms on school grounds will only make them more vulnerable to abuse and attacks.”
2. Persons with Concealed Carry Permits may Carry Weapons on School Grounds if Authorized by School Officials: Under the existing code section for the Gun-Free School Zone Act, any person can possess a concealed weapon on school grounds provided that they have permission from school officials. The relevant code sections read as follows:

"[A]ny 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 punished…" (Pen. Code, § 626.9, subd (b).) (emphasis added.)

"Unless it is with the written permission of the school district superintendent, the superintendent's designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers in the scope of their duties." (Pen. Code, § 30310, subd. (a).) (emphasis added.)

The legislature has made a policy decision, that persons may carry firearms on school grounds with the written permission of school officials. The reason for this is to enhance public safety. Specifically, it is in the interests of public safety that school officials know that firearms are being carried on school grounds. Additionally, if a person has a domestic violence restraining order and the feel the need to carry a concealed weapon at work to defend themselves, school officials should know that danger is looming as well.

1. Gun-Free School Zone Act of 1995: Enacted by AB 645 (Allen), Chapter 1015, Statutes of 1994, the Gun-Free School Zone Act, hereafter referred to as the "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 a within a distance of 1,000 feet from the grounds of any public or private school, kindergarten or Grades 1 to 12, (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.

The Act does not require that notices be posted regarding prohibited conduct under the Act; therefore, it is incumbent on the individual possessing the firearm to be knowledgeable of and adhere to the Act.

A "school zone" is defined as an area in, or on the grounds of, a public or private school providing instruction in kindergarten or Grades 1 to 12, inclusive, and within a distance of 1,000 feet from the grounds of the public or private school. The Act also provides specific definitions of a "loaded" firearm and a "locked container" for securing firearms.

1. Argument in Support: According to Safari Club International, "it is considered appropriate that persons possessing a permit to carry a concealed weapon (CCW) who are issued a protective order based on a threat of domestic violence be able to defend themselves if necessary while being in a school zone. They should be able to carry their concealed firearm wherever they go. Otherwise, they would be left defenseless if assaulted while within a school zone."
2. Argument in Opposition: According to The California Chapters of the Brady Campaign to Prevent Gun Violence, "In furtherance of our goal to reduce firearm violence in our communities, including on school grounds and college campuses, the California Brady Campaign Chapters are taking an oppose position to your bill, AB 2340.

"Legislation was enacted last year (SB 707) that prohibits persons holding a valid license to carry a concealed and loaded weapon (CCW) to bring the gun on the grounds of a K-12 school or on the campus of a university or college. Firearms, including concealed, loaded handguns, can still be allowed on school grounds or campuses with the written permission of school officials. AB 2340 would exempt CCW holders who are protected by a domestic violence protective order from the prohibition. Such person would also be exempt from the prohibition on carrying ammunition onto school grounds. The reasons for prohibiting CCW holders from carrying guns on school grounds and campuses have not changed since last year and apply to AB 2340.

"Under existing law, county sheriffs issue CCW permits and thereby determine who may carry a concealed, loaded gun on school grounds or campuses. Although there is a big variance in standards for issuing CCW permits among sheriffs, a permit is valid in any county in the state. Under AB 2340, a person who obtained a CWW permit in a rural county could be carrying a loaded gun on a campus in an urban setting. The Brady Campaign strongly believes that the discretion to allow hidden, loaded guns on a school grounds and college or university campuses must ultimately lie with school authorities, who bear the responsibility for the well-being and safety of their students.

"Moreover, it is very important for school authorities to know who has a loaded, hidden gun on campus. It has become standard practice for schools to prepare for a campus shooting incident. Active shooter drills are conducted and procedures are developed in collaboration with local law enforcement agencies. In a real school shooting, the presence of an armed person, who is unaware of the preparedness plan and whose intent may be unknown, adds unnecessary confusion and risk to the situation.

"The Violence Policy Center has documented homicides, suicides, accidental shootings and at least 29 mass shootings (since May 2007) committed by CCW license holders. Under existing law, they cannot carry their guns in many sensitive places. Similarly, those CCW permit holders who are also protected by a domestic violence protective order cannot carry their gun in many locations and schools should be no different.

"If a person feels threatened to the point where she or he feels the need to have a gun for a potential shootout, then that person should not be on school grounds or a college campus. Young children or older students could be killed in the crossfire.  Safely using a firearm in such an emotionally charged or stressful situation would be difficult and would put many at great risk of being shot."

1. Prior Legislation:
   1. SB 707 (Wolk), Chapter 766, Statutes of 2015, specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds as specified.
   2. 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.
      
   3. AB 624 (Allen), Chapter 659, Statutes of 1995, passed the Gun-Free School Zone Act of 1995.

REGISTERED SUPPORT / OPPOSITION:

Support

California Rifle and Pistol Association

California Sportsmen's Lobby, Inc.

National Rifle Association of America

Outdoor Sportsmen's Coalition of California

Peace Officer Research Association of California

Safari Club International

Opposition

California Chapters of the Brady Campaign to Prevent Gun Violence

California Federation of Teachers

Law Center to Prevent Gun Violence

Analysis Prepared by:

Gabriel Caswell / PUB. S. / (916) 319-3744

Date of Hearing: March 29, 2016

Counsel: Gabriel Caswell

ASSEMBLY COMMITTEE ON

, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY: Exempts persons holding valid licenses to carry a concealed firearm (CCW) who are also protected by a domestic violence protective order from both the school zone and the university prohibitions from possessing a firearm on a school zone campus.

EXISTING LAW:

1. Creates the Gun-Free School Zone Act of 1995. (Pen. Code, § 626.9 subd. (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. (Pen. Code, § 626.9, subd. (e).)
   
3. Provides 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 punished as follows: (Pen. Code, § 626.9, subds. (f)-(i).)
   
   1. Any person who possesses a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, is subject to imprisonment for two, three, or five years.
      
   2. Any person who possesses a firearm within a distance of 1,000 feet from a public or private school providing instruction in kindergarten or grades 1 to 12, is subject to:
      
      1. Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
         
      2. Imprisonment for two, three, or five years, if any of the following circumstances apply:
         
         1. If the person previously has been convicted of any felony, or of any specified crime.
            
         2. If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
            
         3. If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony, as specified.
            
   3. Any person who, with reckless disregard for the safety of another, discharges, or attempts to discharge, a firearm in a school zone shall be punished by imprisonment for three, five, or seven years.
      
   4. Every person convicted under this section for a misdemeanor violation who has been convicted previously of a misdemeanor offense, as specified, must be imprisoned in a county jail for not less than three months.
      
   5. Every person convicted under this section of a felony violation who has been convicted previously of a misdemeanor offense as specified, if probation is granted or if the execution of sentence is suspended, he or she must be imprisoned in a county jail for not less than three months.
      
   6. Every person convicted under this section for a felony violation who has been convicted previously of any felony, as specified, if probation is granted or if the execution or imposition of sentence is suspended, he or she must be imprisoned in a county jail for not less than three months.
      
   7. Any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, without the written permission of the university or college president, his or her designee, or equivalent university or college authority, must be punished by imprisonment for two, three, or four years.
      
   8. Any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, without the written permission of the university or college president, his or her designee, or equivalent university or college authority, must be punished by imprisonment for one, two, or three years.
      
4. States that the Gun-Free School Zone Act of 1995 does not apply to possession of a firearm under any of the following circumstances: (Pen. Code, § 626.9, subd. (c).)
   
   1. 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 lawful.
      
   2. 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.
      
   3. 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.
      
   4. 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.
      
   5. When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
      
5. States that the Gun-Free School Zone Act of 1995 does not apply to: (Pen. Code, § 626.9, subd. (l).)
   
   1. A duly appointed peace officer;
      
   2. A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
      
   3. 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;
      
   4. 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;
      
   5. A person holding a valid license to carry a concealed firearm;
      
   6. An armored vehicle guard, engaged in the performance of his or her duties, as specified;
      
   7. A security guard authorized to carry a loaded firearm;
      
   8. An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
      
   9. An existing shooting range at a public or private school or university or college campus.
      
6. Specifies that unless it is with the written permission of the school district superintendent, the superintendent's designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties or persons exempted under specified peace officer exceptions to concealed weapons prohibitions. Exempts the following persons: (Pen. Code, § 626.9, subd. (l).)
   
   1. A duly appointed peace officer as defined.
      
   2. A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
      
   3. Any person summoned by any of these officers to assist in making an arrest or preserving the peace while that person is actually engaged in assisting the officer.
      
   4. A member of the military forces of this state or of the United States who is engaged in the performance of that person's duties.
      
   5. A person holding a valid license to carry the firearm.
      
   6. An armored vehicle guard, who is engaged in the performance of that person's duties.

FISCAL EFFECT:

COMMENTS:

1. Author's Statement: According to the author, “victims of domestic should be able to protect themselves at all times. Preventing victims who possess a valid CCW permits from carrying firearms on school grounds will only make them more vulnerable to abuse and attacks.”
2. Persons with Concealed Carry Permits may Carry Weapons on School Grounds if Authorized by School Officials: Under the existing code section for the Gun-Free School Zone Act, any person can possess a concealed weapon on school grounds provided that they have permission from school officials. The relevant code sections read as follows:

"[A]ny 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 punished…" (Pen. Code, § 626.9, subd (b).) (emphasis added.)

"Unless it is with the written permission of the school district superintendent, the superintendent's designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers in the scope of their duties." (Pen. Code, § 30310, subd. (a).) (emphasis added.)

The legislature has made a policy decision, that persons may carry firearms on school grounds with the written permission of school officials. The reason for this is to enhance public safety. Specifically, it is in the interests of public safety that school officials know that firearms are being carried on school grounds. Additionally, if a person has a domestic violence restraining order and the feel the need to carry a concealed weapon at work to defend themselves, school officials should know that danger is looming as well.

1. Gun-Free School Zone Act of 1995: Enacted by AB 645 (Allen), Chapter 1015, Statutes of 1994, the Gun-Free School Zone Act, hereafter referred to as the "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 a within a distance of 1,000 feet from the grounds of any public or private school, kindergarten or Grades 1 to 12, (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.

The Act does not require that notices be posted regarding prohibited conduct under the Act; therefore, it is incumbent on the individual possessing the firearm to be knowledgeable of and adhere to the Act.

A "school zone" is defined as an area in, or on the grounds of, a public or private school providing instruction in kindergarten or Grades 1 to 12, inclusive, and within a distance of 1,000 feet from the grounds of the public or private school. The Act also provides specific definitions of a "loaded" firearm and a "locked container" for securing firearms.

1. Argument in Support: According to Safari Club International, "it is considered appropriate that persons possessing a permit to carry a concealed weapon (CCW) who are issued a protective order based on a threat of domestic violence be able to defend themselves if necessary while being in a school zone. They should be able to carry their concealed firearm wherever they go. Otherwise, they would be left defenseless if assaulted while within a school zone."
2. Argument in Opposition: According to The California Chapters of the Brady Campaign to Prevent Gun Violence, "In furtherance of our goal to reduce firearm violence in our communities, including on school grounds and college campuses, the California Brady Campaign Chapters are taking an oppose position to your bill, AB 2340.

"Legislation was enacted last year (SB 707) that prohibits persons holding a valid license to carry a concealed and loaded weapon (CCW) to bring the gun on the grounds of a K-12 school or on the campus of a university or college. Firearms, including concealed, loaded handguns, can still be allowed on school grounds or campuses with the written permission of school officials. AB 2340 would exempt CCW holders who are protected by a domestic violence protective order from the prohibition. Such person would also be exempt from the prohibition on carrying ammunition onto school grounds. The reasons for prohibiting CCW holders from carrying guns on school grounds and campuses have not changed since last year and apply to AB 2340.

"Under existing law, county sheriffs issue CCW permits and thereby determine who may carry a concealed, loaded gun on school grounds or campuses. Although there is a big variance in standards for issuing CCW permits among sheriffs, a permit is valid in any county in the state. Under AB 2340, a person who obtained a CWW permit in a rural county could be carrying a loaded gun on a campus in an urban setting. The Brady Campaign strongly believes that the discretion to allow hidden, loaded guns on a school grounds and college or university campuses must ultimately lie with school authorities, who bear the responsibility for the well-being and safety of their students.

"Moreover, it is very important for school authorities to know who has a loaded, hidden gun on campus. It has become standard practice for schools to prepare for a campus shooting incident. Active shooter drills are conducted and procedures are developed in collaboration with local law enforcement agencies. In a real school shooting, the presence of an armed person, who is unaware of the preparedness plan and whose intent may be unknown, adds unnecessary confusion and risk to the situation.

"The Violence Policy Center has documented homicides, suicides, accidental shootings and at least 29 mass shootings (since May 2007) committed by CCW license holders. Under existing law, they cannot carry their guns in many sensitive places. Similarly, those CCW permit holders who are also protected by a domestic violence protective order cannot carry their gun in many locations and schools should be no different.

"If a person feels threatened to the point where she or he feels the need to have a gun for a potential shootout, then that person should not be on school grounds or a college campus. Young children or older students could be killed in the crossfire.  Safely using a firearm in such an emotionally charged or stressful situation would be difficult and would put many at great risk of being shot."

1. Prior Legislation:
   1. SB 707 (Wolk), Chapter 766, Statutes of 2015, specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds as specified.
   2. 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.
      
   3. AB 624 (Allen), Chapter 659, Statutes of 1995, passed the Gun-Free School Zone Act of 1995.

REGISTERED SUPPORT / OPPOSITION:

Support

California Rifle and Pistol Association

California Sportsmen's Lobby, Inc.

National Rifle Association of America

Outdoor Sportsmen's Coalition of California

Peace Officer Research Association of California

Safari Club International

Opposition

California Chapters of the Brady Campaign to Prevent Gun Violence

California Federation of Teachers

Law Center to Prevent Gun Violence

Analysis Prepared by: