AB 424: Possession of a firearm in a school zone.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-14
Existing law makes it a crime to possess 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, his or her designee, or equivalent school authority.
This bill would delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would exempt from that crime the activities of a program involving shooting sports or activities that are sanctioned by a school, school district, college, university, or other governing body of the institution, as specified, and the activities of a certified hunter education program, as specified. The bill would make other conforming changes to related provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to possess 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, his or her designee, or equivalent school authority.
This bill would delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would exempt from that crime the activities of a program involving shooting sports or activities that are sanctioned by a school, school district, college, university, or other governing body of the institution, as specified, and the activities of a certified hunter education program, as specified. The bill would make other conforming changes to related provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to possess 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, his or her designee, or equivalent school authority.
This bill would delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. By expanding the scope of a crime, this the bill would create a state-mandated local program. This The bill would exempt from that crime the activities of a program involving shooting sports or activities that are sanctioned by a school, school district, college, university, or other governing body of the institution, as specified, and the activities of a certified hunter education program, as specified. The bill would make other conforming changes to related provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to possess 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, his or her designee, or equivalent school authority.
This bill would delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. By expanding the scope of a crime, this bill would create a state-mandated local program. This bill would exempt from that crime the activities of a program involving shooting sports or activities that are sanctioned by a school, school district, college, university, or other governing body of the institution, as specified. specified, and the activities of a certified hunter education program, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to possess 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, his or her designee, or equivalent school authority.
This bill would delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. By expanding the scope of a crime, this bill would create a state-mandated local program. This bill would exempt from that crime the activities of a program involving shooting sports or activities that are sanctioned by a school, school district, college, university, or other governing body of the institution, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to possess 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, his or her designee, or equivalent school authority.
This bill would delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone. By expanding the scope of a crime, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b)Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (4) of subdivision (e), shall be punished as specified in subdivision (f).
(c)Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(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.
This section does not prohibit or limit the otherwise 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.
(3)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. This subdivision does not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(4)When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5)When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d)Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (4) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e)As used in this section, the following definitions shall apply:
(1)Concealed firearm has the same meaning as that term is given in Sections 25400 and 25610.
(2)Firearm has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3)Locked container has the same meaning as that term is given in Section 16850.
(4)School zone means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(f)(1)A person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2)A person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A)By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i)If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii)If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(iii)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 pursuant to Section 25400.
(B)By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A).
(3)A person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g)(1)A person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(2)A person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(3)A person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(4)The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
(h)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(i)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(j)For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k)This section does not require that notice be posted regarding the proscribed conduct.
(l)This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, 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, 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, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m)This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n)This section does not apply to an existing shooting range at a public or private school or university or college campus.
(o)This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1)Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2)Section 25650.
(3)Sections 25900 to 25910, inclusive.
(4)Section 26020.
(5)Paragraph (2) of subdivision (c) of Section 26300.
(p)This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
(q)(1)This section does not apply to the activities of a program involving shooting sports or activities, including, but not limited to, trap shooting, skeet shooting, sporting clays, and pistol shooting, that are sanctioned by a school, school district, college, university, or other governing body of the institution, that occur on the grounds of a public or private school or university or college campus.
(2)This section does not apply to the activities of a state-certified hunter education program pursuant to Section 3051 of the Fish and Game Code if all firearms are unloaded and participants do not possess live ammunition in a school building.
SEC. 2.Section 26370 of the Penal Code is amended to read:26370.Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.
SEC. 3.Section 26405 of the Penal Code is amended to read:26405.Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(a)By a person when carried within a place of business, a place of residence, or on private real property, if that person, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
(b)By a person when carried within a place of business, a place of residence, or on private real property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
(c)When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.
(d)If 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. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating Section 26400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(e)By a peace officer or an honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3.
(f)By a person to the extent that person may openly carry a loaded firearm that is not a handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3.
(g)As merchandise by a person who is engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while engaged in the lawful course of the business.
(h)By a duly authorized military or civil organization, or the members thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization.
(i)By a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using firearms that are not handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range.
(j)By a licensed hunter while engaged in hunting or while transporting that firearm when going to or returning from that hunting expedition.
(k)Incident to transportation of a handgun by a person operating a licensed common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law.
(l)By a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions.
(m)Within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.
(n)Within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.
(o)When in accordance with the provisions of Section 171b.
(p)By a person while engaged in the act of making or attempting to make a lawful arrest.
(q)By a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.
(r)By an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television, or video production or entertainment event, when the participant lawfully uses that firearm as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.
(s)Incident to obtaining an identification number or mark assigned for that firearm from the Department of Justice pursuant to Section 23910.
(t)At an established public target range while the person is using that firearm upon that target range.
(u)By a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer.
(v)Incident to any of the following:
(1)Complying with Section 27560 or 27565, as it pertains to that firearm.
(2)Section 28000, as it pertains to that firearm.
(3)Section 27850 or 31725, as it pertains to that firearm.
(4)Complying with Section 27870 or 27875, as it pertains to that firearm.
(5)Complying with Section 27915, 27920, or 27925, as it pertains to that firearm.
(w)Incident to, and in the course and scope of, training of, or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.
(x)Incident to, and in the course and scope of, training of, or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.
(y)Incident to and at the request of a sheriff, chief, or other head of a municipal police department.
(z)If all of the following conditions are satisfied:
(1)The open carrying occurs at an auction or similar event of a nonprofit public benefit or mutual benefit corporation at which firearms are auctioned or otherwise sold to fund the activities of that corporation or the local chapters of that corporation.
(2)The unloaded firearm that is not a handgun is to be auctioned or otherwise sold for that nonprofit public benefit or mutual benefit corporation.
(3)The unloaded firearm that is not a handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26915, inclusive.
(aa)Pursuant to paragraph (3) of subdivision (b) of Section 171c.
(ab)Pursuant to Section 171d.
(ac)Pursuant to subparagraph (F) of paragraph (1) of subdivision (c) of Section 171.7.
(ad)On publicly owned land, if the possession and use of an unloaded firearm that is not a handgun is specifically permitted by the managing agency of the land and the person carrying that firearm is in lawful possession of that firearm.
(ae)By any of the following:
(1)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(2)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(3)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(4)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(af)By a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training.
(ag)Pursuant to the provisions of subdivision (d) of Section 171.5.
(ah)By a person who is engaged in the business of manufacturing ammunition and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while the firearm is being used in the lawful course and scope of the licensees activities as a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.
(ai)On the navigable waters of this state that are held in public trust, if the possession and use of an unloaded firearm that is not a handgun is not prohibited by the managing agency thereof and the person carrying the firearm is in lawful possession of the firearm.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b)Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (4) of subdivision (e), shall be punished as specified in subdivision (f).
(c)Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(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.
This section does not prohibit or limit the otherwise 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.
(3)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. This subdivision does not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(4)When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5)When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d)Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (4) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e)As used in this section, the following definitions shall apply:
(1)Concealed firearm has the same meaning as that term is given in Sections 25400 and 25610.
(2)Firearm has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3)Locked container has the same meaning as that term is given in Section 16850.
(4)School zone means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(f)(1)A person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2)A person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A)By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i)If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii)If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(iii)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 pursuant to Section 25400.
(B)By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A).
(3)A person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g)(1)A person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(2)A person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(3)A person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(4)The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
(h)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(i)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(j)For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k)This section does not require that notice be posted regarding the proscribed conduct.
(l)This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, 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, 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, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m)This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n)This section does not apply to an existing shooting range at a public or private school or university or college campus.
(o)This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1)Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2)Section 25650.
(3)Sections 25900 to 25910, inclusive.
(4)Section 26020.
(5)Paragraph (2) of subdivision (c) of Section 26300.
(p)This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
(q)(1)This section does not apply to the activities of a program involving shooting sports or activities, including, but not limited to, trap shooting, skeet shooting, sporting clays, and pistol shooting, that are sanctioned by a school, school district, college, university, or other governing body of the institution, that occur on the grounds of a public or private school or university or college campus.
(2)This section does not apply to the activities of a state-certified hunter education program pursuant to Section 3051 of the Fish and Game Code if all firearms are unloaded and participants do not possess live ammunition in a school building.
SEC. 2.Section 26370 of the Penal Code is amended to read:26370.Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.
SEC. 3.Section 26405 of the Penal Code is amended to read:26405.Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(a)By a person when carried within a place of business, a place of residence, or on private real property, if that person, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
(b)By a person when carried within a place of business, a place of residence, or on private real property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
(c)When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.
(d)If 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. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating Section 26400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(e)By a peace officer or an honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3.
(f)By a person to the extent that person may openly carry a loaded firearm that is not a handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3.
(g)As merchandise by a person who is engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while engaged in the lawful course of the business.
(h)By a duly authorized military or civil organization, or the members thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization.
(i)By a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using firearms that are not handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range.
(j)By a licensed hunter while engaged in hunting or while transporting that firearm when going to or returning from that hunting expedition.
(k)Incident to transportation of a handgun by a person operating a licensed common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law.
(l)By a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions.
(m)Within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.
(n)Within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.
(o)When in accordance with the provisions of Section 171b.
(p)By a person while engaged in the act of making or attempting to make a lawful arrest.
(q)By a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.
(r)By an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television, or video production or entertainment event, when the participant lawfully uses that firearm as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.
(s)Incident to obtaining an identification number or mark assigned for that firearm from the Department of Justice pursuant to Section 23910.
(t)At an established public target range while the person is using that firearm upon that target range.
(u)By a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer.
(v)Incident to any of the following:
(1)Complying with Section 27560 or 27565, as it pertains to that firearm.
(2)Section 28000, as it pertains to that firearm.
(3)Section 27850 or 31725, as it pertains to that firearm.
(4)Complying with Section 27870 or 27875, as it pertains to that firearm.
(5)Complying with Section 27915, 27920, or 27925, as it pertains to that firearm.
(w)Incident to, and in the course and scope of, training of, or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.
(x)Incident to, and in the course and scope of, training of, or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.
(y)Incident to and at the request of a sheriff, chief, or other head of a municipal police department.
(z)If all of the following conditions are satisfied:
(1)The open carrying occurs at an auction or similar event of a nonprofit public benefit or mutual benefit corporation at which firearms are auctioned or otherwise sold to fund the activities of that corporation or the local chapters of that corporation.
(2)The unloaded firearm that is not a handgun is to be auctioned or otherwise sold for that nonprofit public benefit or mutual benefit corporation.
(3)The unloaded firearm that is not a handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26915, inclusive.
(aa)Pursuant to paragraph (3) of subdivision (b) of Section 171c.
(ab)Pursuant to Section 171d.
(ac)Pursuant to subparagraph (F) of paragraph (1) of subdivision (c) of Section 171.7.
(ad)On publicly owned land, if the possession and use of an unloaded firearm that is not a handgun is specifically permitted by the managing agency of the land and the person carrying that firearm is in lawful possession of that firearm.
(ae)By any of the following:
(1)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(2)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(3)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(4)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(af)By a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training.
(ag)Pursuant to the provisions of subdivision (d) of Section 171.5.
(ah)By a person who is engaged in the business of manufacturing ammunition and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while the firearm is being used in the lawful course and scope of the licensees activities as a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.
(ai)On the navigable waters of this state that are held in public trust, if the possession and use of an unloaded firearm that is not a handgun is not prohibited by the managing agency thereof and the person carrying the firearm is in lawful possession of the firearm.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b)Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) (4) of subdivision (e), shall be punished as specified in subdivision (f).
(c)Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(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.
This section does not prohibit or limit the otherwise 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.
(3)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. This subdivision does not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(4)When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5)When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d)Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) (4) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e)As used in this section, the following definitions shall apply:
(1)Concealed firearm has the same meaning as that term is given in Sections 25400 and 25610.
(2)Firearm has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3)Locked container has the same meaning as that term is given in Section 16850.
(4)School zone means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(f)(1)Any A person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2)Any A person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A)By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i)If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii)If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(iii)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 pursuant to Section 25400.
(B)By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A).
(3)Any A person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g)(1)Every A person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(2)Every A person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(3)Every A person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(4)The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
(h)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(i)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(j)For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k)This section does not require that notice be posted regarding the proscribed conduct.
(l)This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, 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, 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, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m)This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n)This section does not apply to an existing shooting range at a public or private school or university or college campus.
(o)This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1)Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2)Section 25650.
(3)Sections 25900 to 25910, inclusive.
(4)Section 26020.
(5)Paragraph (2) of subdivision (c) of Section 26300.
(p)This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
(q)(1)This section does not apply to the activities of a program involving shooting sports or activities, including, but not limited to, trap shooting, skeet shooting, sporting clays, and pistol shooting, that are sanctioned by a school, school district, college, university, or other governing body of the institution, that occur on the grounds of a public or private school or university or college campus.
(2)This section does not apply to the activities of a state-certified hunter education program pursuant to Section 3051 of the Fish and Game Code if all firearms are unloaded and participants do not possess live ammunition in a school building.
SEC. 2.Section 26370 of the Penal Code is amended to read:26370.Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, with the written permission of the school district superintendent, the superintendents designee, or equivalent school authority. if that carrying is not prohibited by Section 626.9.
SEC. 3.Section 26405 of the Penal Code is amended to read:26405.Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances:
(a)By a person when carried within a place of business, a place of residence, or on private real property, if that person, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
(b)By a person when carried within a place of business, a place of residence, or on private real property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
(c)When the firearm is either in a locked container or encased and it is being transported directly between places where a person is not prohibited from possessing that firearm and the course of travel shall include only those deviations between authorized locations as are reasonably necessary under the circumstances.
(d)If 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. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating Section 26400, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(e)By a peace officer or an honorably retired peace officer if that officer may carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2, or a loaded firearm pursuant to Article 3 (commencing with Section 25900) of Chapter 3.
(f)By a person to the extent that person may openly carry a loaded firearm that is not a handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3.
(g)As merchandise by a person who is engaged in the business of manufacturing, importing, wholesaling, repairing, or dealing in firearms and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while engaged in the lawful course of the business.
(h)By a duly authorized military or civil organization, or the members thereof, while parading or while rehearsing or practicing parading, when at the meeting place of the organization.
(i)By a member of a club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while the members are using firearms that are not handguns upon the target ranges or incident to the use of a firearm that is not a handgun at that target range.
(j)By a licensed hunter while engaged in hunting or while transporting that firearm when going to or returning from that hunting expedition.
(k)Incident to transportation of a handgun by a person operating a licensed common carrier, or by an authorized agent or employee thereof, when transported in conformance with applicable federal law.
(l)By a member of an organization chartered by the Congress of the United States or a nonprofit mutual or public benefit corporation organized and recognized as a nonprofit tax-exempt organization by the Internal Revenue Service while on official parade duty or ceremonial occasions of that organization or while rehearsing or practicing for official parade duty or ceremonial occasions.
(m)Within a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6.
(n)Within a school zone, as defined in Section 626.9, with the written permission of the school district superintendent, the superintendents designee, or equivalent school authority. if that carrying is not prohibited by Section 626.9.
(o)When in accordance with the provisions of Section 171b.
(p)By a person while engaged in the act of making or attempting to make a lawful arrest.
(q)By a person engaged in firearms-related activities, while on the premises of a fixed place of business that is licensed to conduct and conducts, as a regular course of its business, activities related to the sale, making, repair, transfer, pawn, or the use of firearms, or related to firearms training.
(r)By an authorized participant in, or an authorized employee or agent of a supplier of firearms for, a motion picture, television, or video production or entertainment event, when the participant lawfully uses that firearm as part of that production or event, as part of rehearsing or practicing for participation in that production or event, or while the participant or authorized employee or agent is at that production or event, or rehearsal or practice for that production or event.
(s)Incident to obtaining an identification number or mark assigned for that firearm from the Department of Justice pursuant to Section 23910.
(t)At an established public target range while the person is using that firearm upon that target range.
(u)By a person when that person is summoned by a peace officer to assist in making arrests or preserving the peace, while the person is actually engaged in assisting that officer.
(v)Incident to any of the following:
(1)Complying with Section 27560 or 27565, as it pertains to that firearm.
(2)Section 28000, as it pertains to that firearm.
(3)Section 27850 or 31725, as it pertains to that firearm.
(4)Complying with Section 27870 or 27875, as it pertains to that firearm.
(5)Complying with Section 27915, 27920, or 27925, as it pertains to that firearm.
(w)Incident to, and in the course and scope of, training of, or by an individual to become a sworn peace officer as part of a course of study approved by the Commission on Peace Officer Standards and Training.
(x)Incident to, and in the course and scope of, training of, or by an individual to become licensed pursuant to Chapter 4 (commencing with Section 26150) as part of a course of study necessary or authorized by the person authorized to issue the license pursuant to that chapter.
(y)Incident to and at the request of a sheriff, chief, or other head of a municipal police department.
(z)If all of the following conditions are satisfied:
(1)The open carrying occurs at an auction or similar event of a nonprofit public benefit or mutual benefit corporation at which firearms are auctioned or otherwise sold to fund the activities of that corporation or the local chapters of that corporation.
(2)The unloaded firearm that is not a handgun is to be auctioned or otherwise sold for that nonprofit public benefit or mutual benefit corporation.
(3)The unloaded firearm that is not a handgun is to be delivered by a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26915, inclusive.
(aa)Pursuant to paragraph (3) of subdivision (b) of Section 171c.
(ab)Pursuant to Section 171d.
(ac)Pursuant to subparagraph (F) of paragraph (1) of subdivision (c) of Section 171.7.
(ad)On publicly owned land, if the possession and use of an unloaded firearm that is not a handgun is specifically permitted by the managing agency of the land and the person carrying that firearm is in lawful possession of that firearm.
(ae)By any of the following:
(1)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 1 (commencing with Section 18710) of Division 5 of Title 2 by a person who holds a permit issued pursuant to Article 3 (commencing with Section 18900) of that chapter, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(2)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 2 (commencing with Section 30500) of Division 10 by a person who holds a permit issued pursuant to Section 31005, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(3)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Chapter 6 (commencing with Section 32610) of Division 10 by a person who holds a permit issued pursuant to Section 32650, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(4)The carrying of an unloaded firearm that is not a handgun that is regulated pursuant to Article 2 (commencing with Section 33300) of Chapter 8 of Division 10 by a person who holds a permit issued pursuant to Section 33300, if the carrying of that firearm is conducted in accordance with the terms and conditions of the permit.
(af)By a licensed hunter while actually engaged in training a dog for the purpose of using the dog in hunting that is not prohibited by law, or while transporting the firearm while going to or returning from that training.
(ag)Pursuant to the provisions of subdivision (d) of Section 171.5.
(ah)By a person who is engaged in the business of manufacturing ammunition and who is licensed to engage in that business, or the authorized representative or authorized agent of that person, while the firearm is being used in the lawful course and scope of the licensees activities as a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.
(ai)On the navigable waters of this state that are held in public trust, if the possession and use of an unloaded firearm that is not a handgun is not prohibited by the managing agency thereof and the person carrying the firearm is in lawful possession of the firearm.
SEC. 2.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b)Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), shall be punished as specified in subdivision (f).
(c)Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(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.
This section does not prohibit or limit the otherwise 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.
(3)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. This subdivision does not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(4)When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5)When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d)Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e)As used in this section, the following definitions shall apply:
(1)Concealed firearm has the same meaning as that term is given in Sections 25400 and 25610.
(2)Firearm has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3)Locked container has the same meaning as that term is given in Section 16850.
(4)School zone means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(f)(1)Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2)Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A)By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i)If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii)If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(iii)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 pursuant to Section 25400.
(B)By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A).
(3)Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g)(1)Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(2)Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(3)Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(4)The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
(h)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(i)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(j)For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k)This section does not require that notice be posted regarding the proscribed conduct.
(l)This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, 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, 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, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m)This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n)This section does not apply to an existing shooting range at a public or private school or university or college campus.
(o)This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1)Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2)Section 25650.
(3)Sections 25900 to 25910, inclusive.
(4)Section 26020.
(5)Paragraph (2) of subdivision (c) of Section 26300.
(p)This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
(q)(1)This section does not apply to the activities of a program involving shooting sports or activities, including, but not limited to, trap shooting, skeet shooting, sporting clays, and pistol shooting, that are sanctioned by a school, school district, college, university, or other governing body of the institution, that occur on the grounds of a public or private school or university or college campus.
(2)This section does not apply to the activities of a state-certified hunter education program pursuant to Section 3051 of the Fish and Game Code if all firearms are unloaded and participants do not possess live ammunition in a school building.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b)Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), shall be punished as specified in subdivision (f).
(c)Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(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.
This section does not prohibit or limit the otherwise 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.
(3)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. This subdivision does not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(4)When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5)When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d)Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e)As used in this section, the following definitions shall apply:
(1)Concealed firearm has the same meaning as that term is given in Sections 25400 and 25610.
(2)Firearm has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3)Locked container has the same meaning as that term is given in Section 16850.
(4)School zone means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(f)(1)Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2)Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A)By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i)If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii)If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(iii)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 pursuant to Section 25400.
(B)By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A).
(3)Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g)(1)Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(2)Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(3)Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(4)The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
(h)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(i)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(j)For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k)This section does not require that notice be posted regarding the proscribed conduct.
(l)This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, 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, 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, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m)This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n)This section does not apply to an existing shooting range at a public or private school or university or college campus.
(o)This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1)Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2)Section 25650.
(3)Sections 25900 to 25910, inclusive.
(4)Section 26020.
(5)Paragraph (2) of subdivision (c) of Section 26300.
(p)This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
(q)This section does not apply to the activities of a program involving shooting sports or activities, including, but not limited to, trap shooting, skeet shooting, sporting clays, and pistol shooting, that are sanctioned by a school, school district, college, university, or other governing body of the institution, that occur on the grounds of a public or private school or university or college campus.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b)Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).
(c)Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(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.
This section does not prohibit or limit the otherwise 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.
(3)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. This subdivision may does not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the persons life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
(4)When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5)When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d)Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (1) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e)As used in this section, the following definitions shall apply:
(1)Concealed firearm has the same meaning as that term is given in Sections 25400 and 25610.
(2)Firearm has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3)Locked container has the same meaning as that term is given in Section 16850.
(4)School zone means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school.
(f)(1)Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2)Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A)By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i)If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii)If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.
(iii)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 pursuant to Section 25400.
(B)By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A).
(3)Any person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g)(1)Every person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(2)Every person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(3)Every person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned in a county jail for not less than three months.
(4)The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition.
(h)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(i)Notwithstanding Section 25605, 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, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision.
(j)For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k)This section does not require that notice be posted regarding the proscribed conduct.
(l)This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, 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, 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, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m)This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n)This section does not apply to an existing shooting range at a public or private school or university or college campus.
(o)This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1)Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2)Section 25650.
(3)Sections 25900 to 25910, inclusive.
(4)Section 26020.
(5)Paragraph (2) of subdivision (c) of Section 26300.
(p)This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Oct 14, 2017 | Chaptered by Secretary of State - Chapter 779, Statutes of 2017. |
| Oct 14, 2017 | Approved by the Governor. |
| Sep 18, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 6, 2017 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77. |
| Sep 6, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Aug 31, 2017 | Read second time. Ordered to third reading. |
| Aug 30, 2017 | Read third time and amended. Ordered to second reading. |
| Jul 11, 2017 | Read second time. Ordered to third reading. |
| Jul 10, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 27, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 27). Re-referred to Com. on APPR. |
| Jun 19, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Jun 1, 2017 | Referred to Com. on PUB. S. |
| May 22, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 22, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 28. Page 1638.) |
| May 11, 2017 | Read third time and amended. Ordered to third reading. (Page 1471.) |
| Apr 6, 2017 | Read second time. Ordered to third reading. |
| Apr 5, 2017 | From committee: Do pass. (Ayes 11. Noes 6.) (April 5). |
| Mar 15, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 14). Re-referred to Com. on APPR. |
| Feb 21, 2017 | Referred to Com. on PUB. S. |
| Feb 10, 2017 | From printer. May be heard in committee March 12. |
| Feb 9, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 11, 2017 | AB 424 MCCARTY Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 6, 2017 | Assembly 3rd Reading AB424 McCarty et al. By Skinner | Senate Floor |
Passed |
|
| Jun 27, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 22, 2017 | AB 424 MCCARTY Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 5, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 14, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 1 private individual. | ** Support | Mar 20, 2017 |
| americans against gun violence | ** Support | Aug 31, 2017 |
| Assembly Floor Vote: 48 - 28 | ** Against | Jun 26, 2017 |
| California College And University Police Chiefs Association | * Support | Mar 14, 2017 |
| California Federation Of Teachers | ** Support | Aug 31, 2017 |
| California Public Health Association - North | ** Support | Aug 31, 2017 |
| California Rifle and Pistol Association | ** Against | Aug 31, 2017 |
| California Sportsman's Lobby | ** Against | Aug 31, 2017 |
| California State PTA | ** Support | Aug 31, 2017 |
| California Teachers Association | ** Support | Aug 31, 2017 |
| City of West Hollywood | ** Support | Aug 31, 2017 |
| CMTE FOR STRONG ECONOMY | * Support | Mar 14, 2017 |
| Equality California | ** Support | Aug 31, 2017 |
| Everytown for Gun Safety | ** Support | Aug 31, 2017 |
| Faculty Association of California Colleges | ** Support | Mar 20, 2017 |
| Faculty Association Of California Community Colleges | ** Support | Aug 31, 2017 |
| Firearms Policy Coalition | ** Against | Aug 31, 2017 |
| Gun Owners of California | ** Against | Aug 31, 2017 |
| Moms Demand Action | ** Support | Aug 31, 2017 |
| National Association of Social Workers | ** Support | Aug 31, 2017 |
| National Rifle Association of America | ** Against | Aug 31, 2017 |
| Outdoor Sportsmen'S Coalition Of California | ** Against | Mar 20, 2017 |
| PURPOSE | ** Against | Jun 26, 2017 |
| Safari Club International | ** Against | Aug 31, 2017 |
| San Bernardino County Sheriff | ** Against | Aug 31, 2017 |
| San Francisco Bay Area Physicians for Social Responsibility | ** Support | Aug 31, 2017 |
| San Francisco Unified School District | ** Support | Aug 31, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 424
Author:(McCarty and Santiago)
As Amended Ver:August 30, 2017
Majority vote
ASSEMBLY: | 48-28 | (May 22, 2017) | SENATE: | 25-13 | (September 6, 2017) |
Original Committee Reference: PUB. S.
SUMMARY: Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone, and exempts sanctioned shooting sports or activities from the prohibition, as specified.
The Senate amendments:
- Exempt activities of a state-certified hunter education program if all firearms are unloaded and participants do not possess live ammunition in a school building.
- Make conforming changes to related provisions.
EXISTING LAW:
- Creates the Gun-Free School Zone Act of 1995.
- 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 one to 12, or within a distance of 1,000 feet from the grounds of the public or private school.
- 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:
- Any person who possesses a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades one to 12, is subject to imprisonment for two, three, or five years.
- 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 one to 12, is subject to:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- Imprisonment for two, three, or five years, if any of the following circumstances apply:
- If the person previously has been convicted of any felony, or of any specified crime.
- If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- States that the Gun-Free School Zone Act of 1995 does not apply to possession of a firearm under any of the following circumstances:
- 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.
- 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.
- 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.
- 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.
- When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
- States that the Gun-Free School Zone Act of 1995 does not apply to:
- A duly appointed peace officer;
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
- 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;
- 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;
- A person holding a valid license to carry a concealed firearm;
- An armored vehicle guard, engaged in the performance of his or her duties, as specified;
- A security guard authorized to carry a loaded firearm;
- An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
- An existing shooting range at a public or private school or university or college campus.
- 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:
- A duly appointed peace officer as defined.
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
- 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.
- 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.
- A person holding a valid license to carry the firearm.
- An armored vehicle guard, who is engaged in the performance of that person's duties.
AS PASSED BY THE ASSEMBLY, this bill deleted the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone, and exempted sanctioned shooting sports or activities from the prohibition, as specified.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, "A safe learning environment is essential for our children to be successful in the classroom. Classrooms are laboratories of learning. They provide opportunities to discover art, music, history and mathematics to prepare oneself for college or a career. That's not possible if a school district allows armed civilians to roam California school campuses. I'm proud to author AB 424 and will continue to lead California's efforts to keep guns out of our schools."
Analysis Prepared by: Gregory Pagan/ PUB. S. / (916) 319-3744 FN: 0001597
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 424
Amended: 8/30/17 in Senate
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/27/17
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 48-28, 5/22/17 - See last page for vote
SOURCE: Everytown for Gun Safety
DIGEST:
This bill deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
Senate Floor Amendments of 8/30/17 make technical, non-substantive changes that conform the Penal Code to the provisions of the bill.
Existing law:
- Creates the Gun-Free School Zone Act of 1995. (Pen. Code, § 626.9 subd. (a).)
- 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).)
- 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).)
- 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.
- 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:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- Imprisonment for two, three, or five years, if any of the following circumstances apply:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- If the person previously has been convicted of any felony, or of any specified crime.
- If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).)
- 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.
- 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.
- 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.
- 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.
- When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
- 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.
- States that the Gun-Free School Zone Act of 1995 does not apply to: (Pen. Code, § 626.9, subd. (l).)
- A duly appointed peace officer;
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
- 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;
- 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;
- A person holding a valid license to carry a concealed firearm;
- An armored vehicle guard, engaged in the performance of his or her duties, as specified;
- A security guard authorized to carry a loaded firearm;
- An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
- An existing shooting range at a public or private school or university or college campus.
- A duly appointed peace officer;
- 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).)
- A duly appointed peace officer as defined.
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
- 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.
- 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.
- A person holding a valid license to carry the firearm.
- An armored vehicle guard, who is engaged in the performance of that person's duties.
- A duly appointed peace officer as defined.
This bill:
- Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
- Specifies that the provisions herein do not apply to the activities of a state-certified hunter education program if all firearms are unloaded and participants do not possess live ammunition in a school building.
Background
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.
Prior to the passage of SB 707 (Wolk, Chapter 766, Statutes of 2015) any person who possessed a valid concealed weapon (CCW) permit could carry a concealed weapon onto a school campus and not notify anyone that they carried the weapon. SB 707 specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds.
SB 707 contained an exception that permits concealed weapons on school campuses with the knowledge and written permission of school officials. The intent of this provision was to allow the carrying of a concealed weapon, with the knowledge of the school officials, and when the carrying of the weapon was necessary. Common examples that were given at the time included instances such as persons who may carry a concealed weapon due to a domestic violence restraining order, or some other threat to the safety of the individual. The intent of the exemption in the legislation was (1) to provide notice to the school officials, and (2) permit the carrying of a concealed weapon when the superintendent agreed that the circumstances of a particular case warranted the need to carry the weapon on campus.
The co-sponsors of the current bill have referred to the exception as a "loophole in California law." On the contrary, the provision providing an exception when the superintendent gave written permission was contemplated and debated at the time so as to provide a limited exception to the banning of weapons on campuses, and to provide notice to school districts when a teacher carried a concealed weapon on campus.
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 previously made a policy decision, that persons may carry firearms on school grounds with the written permission of school officials. Specifically, it is in the interests of public safety that school officials know that firearms are being carried on school grounds. This bill changes that decision by banning all firearms from school grounds, subject to specified exemptions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Everytown for Gun Safety (source)
Americans Against Gun Violence
California Federation of Teachers
California Public Health Association – North
California State PTA
California Teachers Association
City of West Hollywood
Equality California
Faculty Association of California Community Colleges
Moms Demand Action
National Association of Social Workers
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Unified School District
OPPOSITION: (Verified 8/30/17)
California Rifle and Pistol Association
California Sportsman’s Lobby
Firearms Policy Coalition
Gun Owners of California
National Rifle Association of America
Safari Club International
San Bernardino County Sheriff
ASSEMBLY FLOOR: 48-28, 5/22/17
AYES: Aguiar-Curry, Berman, Bloom, Bocanegra, Bonta, Burke, Calderon, Cervantes, Chau, Chiu, Chu, Dababneh, Daly, Eggman, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Arambula, Bigelow, Brough, Caballero, Chávez, Choi, Cooley, Cunningham, Dahle, Flora, Fong, Frazier, Gallagher, Gray, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Baker, Chen, Cooper, Nazarian
8/31/17 16:07:47
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 424
:
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/27/17
AYES: Skinner, Bradford, Jackson, Mitchell, Wiener
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 48-28, 5/22/17 - See last page for vote
SOURCE: Everytown for Gun Safety
DIGEST:
This bill deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
Existing law:
- Creates the Gun-Free School Zone Act of 1995. (Pen. Code, § 626.9 subd. (a).)
- 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).)
- 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).)
- 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.
- 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:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- Imprisonment for two, three, or five years, if any of the following circumstances apply:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- If the person previously has been convicted of any felony, or of any specified crime.
- If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).)
- 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.
- 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.
- 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.
- 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.
- When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
- 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.
- States that the Gun-Free School Zone Act of 1995 does not apply to: (Pen. Code, § 626.9, subd. (l).)
- A duly appointed peace officer;
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
- 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;
- 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;
- A person holding a valid license to carry a concealed firearm;
- An armored vehicle guard, engaged in the performance of his or her duties, as specified;
- A security guard authorized to carry a loaded firearm;
- An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
- An existing shooting range at a public or private school or university or college campus.
- A duly appointed peace officer;
- 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).)
- A duly appointed peace officer as defined.
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
- 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.
- 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.
- A person holding a valid license to carry the firearm.
- An armored vehicle guard, who is engaged in the performance of that person's duties.
- A duly appointed peace officer as defined.
This bill:
- Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
- Specifies that the provisions herein do not apply to the activities of a state-certified hunter education program if all firearms are unloaded and participants do not possess live ammunition in a school building.
Background
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.
Prior to the passage of SB 707 (Wolk, Chapter 766, Statutes of 2015) any person who possessed a valid concealed weapon (CCW) permit could carry a concealed weapon onto a school campus and not notify anyone that they carried the weapon. SB 707 specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds.
SB 707 contained an exception that permits concealed weapons on school campuses with the knowledge and written permission of school officials. The intent of this provision was to allow the carrying of a concealed weapon, with the knowledge of the school officials, and when the carrying of the weapon was necessary. Common examples that were given at the time included instances such as persons who may carry a concealed weapon due to a domestic violence restraining order, or some other threat to the safety of the individual. The intent of the exemption in the legislation was (1) to provide notice to the school officials, and (2) permit the carrying of a concealed weapon when the superintendent agreed that the circumstances of a particular case warranted the need to carry the weapon on campus.
The co-sponsors of the current bill have referred to the exception as a "loophole in California law." On the contrary, the provision providing an exception when the superintendent gave written permission was contemplated and debated at the time so as to provide a limited exception to the banning of weapons on campuses, and to provide notice to school districts when a teacher carried a concealed weapon on campus.
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 previously made a policy decision, that persons may carry firearms on school grounds with the written permission of school officials. Specifically, it is in the interests of public safety that school officials know that firearms are being carried on school grounds. This bill changes that decision by banning all firearms from school grounds, subject to specified exemptions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Everytown for Gun Safety (source)
Americans Against Gun Violence
California Federation of Teachers
California Public Health Association – North
California State PTA
California Teachers Association
City of West Hollywood
Equality California
Faculty Association of California Community Colleges
Moms Demand Action
National Association of Social Workers
San Francisco Bay Area Physicians for Social Responsibility
San Francisco Unified School District
OPPOSITION: (Verified 7/10/17)
California Rifle and Pistol Association
California Sportsman’s Lobby
Firearms Policy Coalition
Gun Owners of California
National Rifle Association of America
Safari Club International
San Bernardino County Sheriff
ASSEMBLY FLOOR: 48-28, 5/22/17
AYES: Aguiar-Curry, Berman, Bloom, Bocanegra, Bonta, Burke, Calderon, Cervantes, Chau, Chiu, Chu, Dababneh, Daly, Eggman, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Arambula, Bigelow, Brough, Caballero, Chávez, Choi, Cooley, Cunningham, Dahle, Flora, Fong, Frazier, Gallagher, Gray, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Baker, Chen, Cooper, Nazarian
Prepared by: Gabe Caswell / PUB. S. /
7/12/17 11:34:33
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 424 Hearing Date: June 27, 2017
Author: | McCarty | ||
Version: | June 19, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Possession of a Firearm in a School Zone
HISTORY
Source: Everytown for Gun Safety
Prior Legislation: AB 2340 (Gallagher), 2016, failed Assembly Public Safety
SB 707 (Wolk), Ch. 766, Stats. of 2015
AB 2609 (Lempert), Ch. 115, Stats. of 1998
AB 624 (Allen), Ch. 659, Stats. of 1995
Support: Americans Against Gun Violence; Americans for Safe Access; California Federation of Teachers; California Public Health Association - North; California State PTA; California Teachers Association; City of West Hollywood; Equality California; Faculty Association of California Community Colleges; Moms Demand Action; National Association of Social Workers; San Francisco Bay Area Physicians for Social Responsibility; San Francisco Unified School District
Opposition: California Rifle and Pistol Association; California Sportsman’s Lobby; Firearms Policy Coalition; Gun Owners of California; National Rifle Association of America; Safari Club International; San Bernardino County Sheriff
Assembly Floor Vote: 48 - 28
PURPOSE
The purpose of this bill is to delete the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
Existing law creates the Gun-Free School Zone Act of 1995. (Pen. Code, § 626.9 subd. (a).)
Existing law 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).)
Existing law 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).)
- 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.
- 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:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- Imprisonment for two, three, or five years, if any of the following circumstances apply:
- If the person previously has been convicted of any felony, or of any specified crime.
- If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Existing law 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).)
- 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.
- 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.
- 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.
- 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.
- When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
Existing law states that the Gun-Free School Zone Act of 1995 does not apply to: (Pen. Code, § 626.9, subd. (l).)
- A duly appointed peace officer;
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
- 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;
- 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;
- A person holding a valid license to carry a concealed firearm;
- An armored vehicle guard, engaged in the performance of his or her duties, as specified;
- A security guard authorized to carry a loaded firearm;
- An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
- An existing shooting range at a public or private school or university or college campus.
Existing law 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).)
- A duly appointed peace officer as defined.
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
- 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.
- 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.
- A person holding a valid license to carry the firearm.
- An armored vehicle guard, who is engaged in the performance of that person's duties.
This bill deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
This bill specifies that the provisions herein do not apply to the activities of a state-certified hunter education program if all firearms are unloaded and participants do not possess live ammunition in a school building.
COMMENTS
1. Need for This Bill
According to the author:
The Gun-Free School Zone Act of 1995 expressly prohibited the possession of a firearm on school grounds. The Act did not address the issue of CCW permits. At the time, the number of CCW permits issued was relatively small and was not an issue for school districts. Since 1995, there has been a significant increase in the number of CCW permits issued in California. Between 1995 and 2015, CCWs increased from 39,000 to over 80,000.
A recent bill, SB 707 (2015) by Senator Wolk, addressed the issue of CCWs on school grounds. The bill added CCWs to the Gun-Free School Zone Act, but did provide for a limited exemption. An individual is permitted to carry a concealed firearm if they receive written permission from a superintendent.
Unfortunately, some school boards have used the limited exemption as a way to allow any teacher or staff member to carry a CCW at school. This is a clear overreach of the intent of SB 707 and is raising serious safety concerns for students.
2. Authorization and Notice to School Officials of Concealed Weapons
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.
3. Intent of the "Superintendent Exception" in SB 707 (Wolk)
Prior to the passage of SB 707 (Wolk), Chapter 766, Statutes of 2015, any person who possessed a valid concealed weapon (CCW) permit could carry a concealed weapon onto a school campus and not notify anyone that they carried the weapon. SB 707 (Wolk) specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds.
SB 707 (Wolk) contained an exception that permits concealed weapons on school campuses with the knowledge and written permission of school officials. The intent of this provision was to allow the carrying of a concealed weapon, with the knowledge of the school officials, and when the carrying of the weapon was necessary. Common examples that were given at the time included instances such as persons who may carry a concealed weapon due to a domestic violence restraining order, or some other threat to the safety of the individual. The intent of the exemption in the legislation was (1) to provide notice to the school officials, and (2) permit the carrying of a concealed weapon when the superintendent agreed that the circumstances of a particular case warranted the need to carry the weapon on campus.
The co-sponsors of the current bill have referred to the exception as a "loophole in California law." On the contrary, the provision providing an exception when the superintendent gave written permission was contemplated and debated at the time so as to provide a limited exception to the banning of weapons on campuses, and to provide notice to school districts when a teacher carried a concealed weapon on campus.
4. Application of SB 707 (Wolk) in Specified School Districts
Since SB 707 (Wolk), Chapter 776, Statutes of 2015, a number of local school districts have begun permitting some teachers with valid CCW permits to carry concealed weapons on school campuses. According to media reports Folsom Cordova, Kingsburg Joint Union, Anderson Union, and Kern High School District have all made varying decisions to allow their teachers to carry concealed weapons at school.[1]
- Folsom Cordova School District: According to the Los Angeles Times, in the Folsom Cordova School District, Superintendent Deborah Bettencourt requires that any applicant to carry a concealed weapon on campus must carry their own liability insurance. Additionally, Bettencourt interviews each applicant and reviews his or her personnel and disciplinary records. Craig Reynolds, former chief of staff to State Senator Lois Wolk, who introduced and authored SB 707, states in the article that the three districts in question "are acting within the law."
- Kern High School District: According to KQED News, on November 17, 2016 the Kern High School District Board voted 3-2 to "allow teachers and other staff to bring concealed firearms into the classroom." The Kern High Board of Trustees President Mike Williams told the meeting that the decision will keep schools safe. According to the article, the policy was passed with no administrative regulations and that no direction was provided to schools or principals on how the new rule should be applied or rolled out. According to other media reports, the vote by the district did not grant permission to carry weapons, it merely adopted a board policy and stated the intent to adopt administrative regulations at a later date.[2] It is not clear whether the Kern High School District intends to adopt a similar policy of review as Folsom Cordova School District.
5. 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.
6. Argument in Support
According to Everytown for Gun Safety:
This legislation would close a loophole in California law that currently allows certain individuals to carry guns in California schools.
In 2015 the California legislature passed SB 707, which clarified that civilians should not bring guns into California's primary or secondary schools. But there is a loophole in the law that still allows school districts to let specified civilians bring a gun into a school. At least four school districts—Folsom Cordova, Kinsburg Joint Union, Anderson Union, and Kern—have begun exploiting this provision to encourage teachers or other staff to bring guns into schools, a move widely opposed by teachers, school safety experts and parents.
We believe that guns have no place in our schools, with the exception of law enforcement and licensed security guards.
7. Argument in Opposition
According to the Firearms Policy Coalition:
AB 424 removes the long time practice of allowing school district superintendents and/or their designees the ability to decide who (if anyone) would be allowed to possess a firearm on school grounds. Even with the passage of SB 707 (Wolk) in 2015, this authority remained as a recognition that local education officials were most likely to be in the best position to make decisions about the safety and protection of their students and staff.
One has to wonder why there is a need to remove such authority, given that SB 707 has been in effect for little more than a year. Has there been an uptick in school shootings? No. Has there been an increase in the number of firearms being found on school grounds? No. Has there been an increase in any negative incidents relating to Concealed Carry Permit holders? No. In fact, the only thing that has changed is the number of school districts that have chosen to exercise their legal authority to allow individuals (specifically concealed carry permit holders) to possess a firearm on campus.
To date, five out the state’s 1000 plus school districts have approved policies allowing staff and/or community members who possess a ccw permit to have a firearm on school grounds. In fact, the only reason for this measure is that less than 0.5% of school districts chose to exercise the authority granted to them under law in a way contrary to that which is desired by the author.
Local control is based on the idea that decisions are best made by those who are most familiar with the needs and values of their community. The constitutional right to bear arms is based on the fundamental human right to self-defense. AB 424 undermines these very important principles based on little more than a whim; and thus should be soundly rejected by this committee.
-- END –
Song, Jason, "These 3 California School Districts Allow Staff to Pack Guns at Work," Los Angeles Times, April 13, 2016; Sepulvado, John, "Bakersfield District Gives OK for Teachers to Carry Guns on Campus," KQUED News, November 18, 2016. ↑
Pierce, Harold, "KHSD Board Allows Teachers to Carry Guns on Campus." www.balersfield.com, November 17, 2016. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 424
Author:(McCarty)
As Amended Ver:May 11, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 5-2 | Jones-Sawyer, Gonzalez Fletcher, Quirk, Rubio, Santiago | Lackey, Cunningham |
Appropriations | 11-6 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, Chau, Eggman, Friedman, Eduardo Garcia, Muratsuchi, Reyes | Bigelow, Brough, Fong, Gallagher, Gray, Obernolte |
SUMMARY: Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone, and exempts sanctioned shooting sports or activities from the prohibition, as specified.
EXISTING LAW:
- Creates the Gun-Free School Zone Act of 1995.
- 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 one to 12, or within a distance of 1,000 feet from the grounds of the public or private school.
- 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:
- Any person who possesses a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades one to 12, is subject to imprisonment for two, three, or five years.
- 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 one to 12, is subject to:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- Imprisonment for two, three, or five years, if any of the following circumstances apply:
- If the person previously has been convicted of any felony, or of any specified crime.
- If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- States that the Gun-Free School Zone Act of 1995 does not apply to possession of a firearm under any of the following circumstances:
- 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.
- 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.
- 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.
- 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.
- When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
- States that the Gun-Free School Zone Act of 1995 does not apply to:
- A duly appointed peace officer;
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
- 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;
- 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;
- A person holding a valid license to carry a concealed firearm;
- An armored vehicle guard, engaged in the performance of his or her duties, as specified;
- A security guard authorized to carry a loaded firearm;
- An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
- An existing shooting range at a public or private school or university or college campus.
- 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:
- A duly appointed peace officer as defined.
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
- 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.
- 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.
- A person holding a valid license to carry the firearm.
- An armored vehicle guard, who is engaged in the performance of that person's duties.
FISCAL EFFECT: According to the Assembly Appropriations Committee this bill does not have a fiscal impact.
COMMENTS: According to the author, "A safe learning environment is essential for our children to be successful in the classroom. Classrooms are laboratories of learning. They provide opportunities to discover art, music, history and mathematics to prepare oneself for college or a career. That's not possible if a school district allows armed civilians to roam California school campuses. I'm proud to author AB 424 and will continue to lead California's efforts to keep guns out of our schools."
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0000302
ASSEMBLY THIRD READING
ATR Bill Id:AB 424
Author:(McCarty)
As Introduced Ver:February 9, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Public Safety | 5-2 | Jones-Sawyer, Gonzalez Fletcher, Quirk, Rubio, Santiago | Lackey, Cunningham |
Appropriations | 11-6 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, Chau, Eggman, Friedman, Eduardo Garcia, Muratsuchi, Reyes | Bigelow, Brough, Fong, Gallagher, Gray, Obernolte |
SUMMARY: Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
EXISTING LAW:
- Creates the Gun-Free School Zone Act of 1995.
- 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 one to 12, or within a distance of 1,000 feet from the grounds of the public or private school.
- 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:
- Any person who possesses a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades one to 12, is subject to imprisonment for two, three, or five years.
- 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 one to 12, is subject to:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- Imprisonment for two, three, or five years, if any of the following circumstances apply:
- If the person previously has been convicted of any felony, or of any specified crime.
- If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- States that the Gun-Free School Zone Act of 1995 does not apply to possession of a firearm under any of the following circumstances:
- 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.
- 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.
- 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.
- 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.
- When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
- States that the Gun-Free School Zone Act of 1995 does not apply to:
- A duly appointed peace officer;
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
- 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;
- 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;
- A person holding a valid license to carry a concealed firearm;
- An armored vehicle guard, engaged in the performance of his or her duties, as specified;
- A security guard authorized to carry a loaded firearm;
- An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
- An existing shooting range at a public or private school or university or college campus.
- 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:
- A duly appointed peace officer as defined.
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
- 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.
- 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.
- A person holding a valid license to carry the firearm.
- An armored vehicle guard, who is engaged in the performance of that person's duties.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill does not have a fiscal impact.
COMMENTS: According to the author,
A safe learning environment is essential for our children to be successful in the classroom. Classrooms are laboratories of learning. They provide opportunities to discover art, music, history and mathematics to prepare oneself for college or a career. That's not possible if a school district allows armed civilians to roam California school campuses. I'm proud to author AB 424 and will continue to lead California's efforts to keep guns out of our schools.
Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0000086
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 424
Author:(McCarty) – As Introduced Ver:February 9, 2017
Policy Committee: | Public Safety | Vote: | 5 - 2 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
FISCAL EFFECT:
This bill does not have a fiscal impact.
COMMENTS:
- Background. Under the existing code section for the Gun-Free School Zone Act (Act), any person can possess a concealed weapon on school grounds provided that they have permission from school officials. Certain provisions of the Act do not apply to specified law enforcement or security personnel.
Prior to the passage of SB 707 (Wolk), Chapter 766, Statutes of 2015, any person who possessed a valid concealed weapon (CCW) permit could carry a concealed weapon onto a school campus and not notify anyone that they carried the weapon. SB 707 (Wolk) specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds.
SB 707 (Wolk) contained an exception that permits concealed weapons on school campuses with the knowledge and written permission of school officials. The intent of this provision was to allow the carrying of a concealed weapon, with the knowledge of the school officials, and when the carrying of the weapon was necessary. However, a number of local school districts have begun permitting some teachers with valid CCW permits to carry concealed weapons on school campuses.
- Purpose. According to the author, a safe learning environment is not possible if a school district allows armed civilians to roam California school campuses.
- Support. Everytown for Gun Safety points out that, with the exception of law enforcement, guns have no place in schools and AB 424 closes a loophole.
- Opposition. Firearms for Policy Coalition questions the need to amend provisions of SB 707 this soon, and less than one percent of school district are exercising the authority provided by SB 707.
- Prior Legislation, in addition to SB 707:
AB 2340 (Gallagher), of the 2015-2016 legislative session, exempted 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. AB 2340 failed passage in the Assembly Public Safety Committee.
AB 2609 (Lempert), 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.
AB 624 (Allen), Chapter 659, Statutes of 1995, passed the Gun-Free School Zone Act of 1995.
Analysis Prepared by: Pedro Reyes / APPR. / 916-319-2081
Date of Hearing: March 14, 2017
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
EXISTING LAW:
- Creates the Gun-Free School Zone Act of 1995. (Pen. Code, § 626.9 subd. (a).)
- 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).)
- 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).)
- 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.
- 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:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- Imprisonment for two, three, or five years, if any of the following circumstances apply:
- If the person previously has been convicted of any felony, or of any specified crime.
- If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
- 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.
- If the person previously has been convicted of any felony, or of any specified crime.
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).)
- 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.
- 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.
- 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.
- 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.
- When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
- 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.
- States that the Gun-Free School Zone Act of 1995 does not apply to: (Pen. Code, § 626.9, subd. (l).)
- A duly appointed peace officer;
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
- 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;
- 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;
- A person holding a valid license to carry a concealed firearm;
- An armored vehicle guard, engaged in the performance of his or her duties, as specified;
- A security guard authorized to carry a loaded firearm;
- An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
- An existing shooting range at a public or private school or university or college campus.
- A duly appointed peace officer;
- 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).)
- A duly appointed peace officer as defined.
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
- 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.
- 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.
- A person holding a valid license to carry the firearm.
- An armored vehicle guard, who is engaged in the performance of that person's duties.
- A duly appointed peace officer as defined.
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "A safe learning environment is essential for our children to be successful in the classroom. Classrooms are laboratories of learning. They provide opportunities to discover art, music, history and mathematics to prepare oneself for college or a career. That’s not possible if a school district allows armed civilians to roam California school campuses. I’m proud to author AB 424 and will continue to lead California’s efforts to keep guns out of our schools."
- 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.
- Intent of the "Superintendent Exception" in SB 707 (Wolk): Prior to the passage of SB 707 (Wolk), Chapter 766, Statutes of 2015, any person who possessed a valid concealed weapon (CCW) permit could carry a concealed weapon onto a school campus and not notify anyone that they carried the weapon. SB 707 (Wolk) specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds.
SB 707 (Wolk) contained an exception that permits concealed weapons on school campuses with the knowledge and written permission of school officials. The intent of this provision was to allow the carrying of a concealed weapon, with the knowledge of the school officials, and when the carrying of the weapon was necessary. Common examples that were given at the time included instances such as persons who may carry a concealed weapon due to a domestic violence restraining order, or some other threat to the safety of the individual. The intent of the exemption in the legislation was (1) to provide notice to the school officials, and (2) permit the carrying of a concealed weapon when the superintendent agreed that the circumstances of a particular case warranted the need to carry the weapon on campus.
The co-sponsors of the current bill have referred to the exception as a "loophole in California law." On the contrary, the provision providing an exception when the superintendent gave written permission was contemplated and debated at the time so as to provide a limited exception to the banning of weapons on campuses, and to provide notice to school districts when a teacher carried a concealed weapon on campus.
- Application of SB 707 (Wolk) in Specified School Districts: Since SB 707 (Wolk), Chapter 776, Statutes of 2015, a number of local school districts have begun permitting some teachers with valid CCW permits to carry concealed weapons on school campuses. According to media reports Folsom Cordova, Kingsburg Joint Union, Anderson Union, and Kern High School District have all made varying decisions to allow their teachers to carry concealed weapons at school.[1]
- Folsom Cordova School District: According to the Los Angeles Times, in the Folsom Cordova School District, Superintendent Deborah Bettencourt requires that any applicant to carry a concealed weapon on campus must carry their own liability insurance. Additionally, Bettencourt interviews each applicant and reviews his or her personnel and disciplinary records. Craig Reynolds, former chief of staff to State Senator Lois Wolk, who introduced and authored SB 707, states in the article that the three districts in question "are acting within the law."
- Kern High School District: According to KQED News, on November 17, 2016 the Kern High School District Board voted 3-2 to "allow teachers and other staff to bring concealed firearms into the classroom." The Kern High Board of Trustees President Mike Williams told the meeting that the decision will keep schools safe. According to the article, the policy was passed with no administrative regulations and that no direction was provided to schools or principals on how the new rule should be applied or rolled out. According to other media reports, the vote by the district did not grant permission to carry weapons, it merely adopted a board policy and stated the intent to adopt administrative regulations at a later date.[2] It is not clear whether the Kern High School District intends to adopt a similar policy of review as Folsom Cordova School District.
- Folsom Cordova School District: According to the Los Angeles Times, in the Folsom Cordova School District, Superintendent Deborah Bettencourt requires that any applicant to carry a concealed weapon on campus must carry their own liability insurance. Additionally, Bettencourt interviews each applicant and reviews his or her personnel and disciplinary records. Craig Reynolds, former chief of staff to State Senator Lois Wolk, who introduced and authored SB 707, states in the article that the three districts in question "are acting within the law."
- 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.
- Argument in Support: According to Everytown for Gun Safety, "This legislation would close a loophole in California law that currently allows certain individuals to carry guns in California schools.
"In 2015 the California legislature passed SB 707, which clarified that civilians should not bring guns into California's primary or secondary schools. But there is a loophole in the law that still allows school districts to let specified civilians bring a gun into a school. At least four school districts—Folsom Cordova, Kinsburg Joint Union, Anderson Union, and Kern—have begun exploiting this provision to encourage teachers or other staff to bring guns into schools, a move widely opposed by teachers, school safety experts and parents.
"We believe that guns have no place in our schools, with the exception of law enforcement and licensed security guards."
- Argument in Opposition: According to the Firearms Policy Coalition, "AB 424 removes the long time practice of allowing school district superintendents and/or their designees the ability to decide who (if anyone) would be allowed to possess a firearm on school grounds. Even with the passage of SB 707 (Wolk) in 2015, this authority remained as a recognition that local education officials were most likely to be in the best position to make decisions about the safety and protection of their students and staff.
"One has to wonder why there is a need to remove such authority, given that SB 707 has been in effect for little more than a year. Has there been an uptick in school shootings? No. Has there been an increase in the number of firearms being found on school grounds? No. Has there been an increase in any negative incidents relating to Concealed Carry Permit holders? No. In fact, the only thing that has changed is the number of school districts that have chosen to exercise their legal authority to allow individuals (specifically concealed carry permit holders) to possess a firearm on campus.
"To date, five out the state’s 1000 plus school districts have approved policies allowing staff and/or community members who possess a ccw permit to have a firearm on school grounds. In fact, the only reason for this measure is that less than 0.5% of school districts chose to exercise the authority granted to them under law in a way contrary to that which is desired by the author.
"Local control is based on the idea that decisions are best made by those who are most familiar with the needs and values of their community. The constitutional right to bear arms is based on the fundamental human right to self-defense. AB 424 undermines these very important principles based on little more than a whim; and thus should be soundly rejected by this committee."
- Prior Legislation:
- AB 2340 (Gallagher), of the 2015-2016 legislative session, exempted 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. AB 2340 failed passage in this committee.
- 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.
- AB 2609 (Lempert), 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.
- AB 624 (Allen), Chapter 659, Statutes of 1995, passed the Gun-Free School Zone Act of 1995.
- AB 2340 (Gallagher), of the 2015-2016 legislative session, exempted 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. AB 2340 failed passage in this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Everytown for Gun Safety (Co-sponsor)
Moms Demand Action (Co-sponsor)
Equality California
Faculty Association of California Colleges
1 private individual.
Opposition
California Rifle and Pistol Association
California Sportsman's Lobby
Gun Owners of California
Firearms Policy Coalition
National Rifle Association
Outdoor Sportsmen's Coalition of California
Safari Club International
Analysis Prepared by:
Song, Jason, "These 3 California School Districts Allow Staff to Pack Guns at Work," Los Angeles Times, April 13, 2016; Sepulvado, John, "Bakersfield District Gives OK for Teachers to Carry Guns on Campus," KQUED News, November 18, 2016. ↑
Pierce, Harold, "KHSD Board Allows Teachers to Carry Guns on Campus." www.balersfield.com, November 17, 2016. ↑
Date of Hearing:
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 424
Author:(McCarty) – As Introduced Ver:February 9, 2017
SUMMARY:
Deletes the authority of a school district superintendent, his or her designee, or equivalent school authority to provide written permission for a person to possess a firearm within a school zone.
EXISTING LAW:
- Creates the Gun-Free School Zone Act of 1995. (Pen. Code, § 626.9 subd. (a).)
- 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).)
- 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).)
- 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.
- 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:
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- Imprisonment for two, three, or five years, if any of the following circumstances apply:
- If the person previously has been convicted of any felony, or of any specified crime.
- If the person is within a class of persons prohibited from possessing or acquiring a firearm, as specified.
- 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.
- If the person previously has been convicted of any felony, or of any specified crime.
- Imprisonment in a county jail for not more than one year or by imprisonment for two, three, or five years; or,
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).)
- 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.
- 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.
- 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.
- 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.
- When the person is exempt from the prohibition against carrying a concealed firearm, as specified.
- 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.
- States that the Gun-Free School Zone Act of 1995 does not apply to: (Pen. Code, § 626.9, subd. (l).)
- A duly appointed peace officer;
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California;
- 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;
- 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;
- A person holding a valid license to carry a concealed firearm;
- An armored vehicle guard, engaged in the performance of his or her duties, as specified;
- A security guard authorized to carry a loaded firearm;
- An honorably retired peace officer authorized to carry a concealed or loaded firearm; or,
- An existing shooting range at a public or private school or university or college campus.
- A duly appointed peace officer;
- 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).)
- A duly appointed peace officer as defined.
- A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
- 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.
- 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.
- A person holding a valid license to carry the firearm.
- An armored vehicle guard, who is engaged in the performance of that person's duties.
- A duly appointed peace officer as defined.
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "A safe learning environment is essential for our children to be successful in the classroom. Classrooms are laboratories of learning. They provide opportunities to discover art, music, history and mathematics to prepare oneself for college or a career. That’s not possible if a school district allows armed civilians to roam California school campuses. I’m proud to author AB 424 and will continue to lead California’s efforts to keep guns out of our schools."
- 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.
- Intent of the "Superintendent Exception" in SB 707 (Wolk): Prior to the passage of SB 707 (Wolk), Chapter 766, Statutes of 2015, any person who possessed a valid concealed weapon (CCW) permit could carry a concealed weapon onto a school campus and not notify anyone that they carried the weapon. SB 707 (Wolk) specified that persons who possess a concealed weapons permit may not possess that firearm on school grounds.
SB 707 (Wolk) contained an exception that permits concealed weapons on school campuses with the knowledge and written permission of school officials. The intent of this provision was to allow the carrying of a concealed weapon, with the knowledge of the school officials, and when the carrying of the weapon was necessary. Common examples that were given at the time included instances such as persons who may carry a concealed weapon due to a domestic violence restraining order, or some other threat to the safety of the individual. The intent of the exemption in the legislation was (1) to provide notice to the school officials, and (2) permit the carrying of a concealed weapon when the superintendent agreed that the circumstances of a particular case warranted the need to carry the weapon on campus.
The co-sponsors of the current bill have referred to the exception as a "loophole in California law." On the contrary, the provision providing an exception when the superintendent gave written permission was contemplated and debated at the time so as to provide a limited exception to the banning of weapons on campuses, and to provide notice to school districts when a teacher carried a concealed weapon on campus.
- Application of SB 707 (Wolk) in Specified School Districts: Since SB 707 (Wolk), Chapter 776, Statutes of 2015, a number of local school districts have begun permitting some teachers with valid CCW permits to carry concealed weapons on school campuses. According to media reports Folsom Cordova, Kingsburg Joint Union, Anderson Union, and Kern High School District have all made varying decisions to allow their teachers to carry concealed weapons at school.[1]
- Folsom Cordova School District: According to the Los Angeles Times, in the Folsom Cordova School District, Superintendent Deborah Bettencourt requires that any applicant to carry a concealed weapon on campus must carry their own liability insurance. Additionally, Bettencourt interviews each applicant and reviews his or her personnel and disciplinary records. Craig Reynolds, former chief of staff to State Senator Lois Wolk, who introduced and authored SB 707, states in the article that the three districts in question "are acting within the law."
- Kern High School District: According to KQED News, on November 17, 2016 the Kern High School District Board voted 3-2 to "allow teachers and other staff to bring concealed firearms into the classroom." The Kern High Board of Trustees President Mike Williams told the meeting that the decision will keep schools safe. According to the article, the policy was passed with no administrative regulations and that no direction was provided to schools or principals on how the new rule should be applied or rolled out. According to other media reports, the vote by the district did not grant permission to carry weapons, it merely adopted a board policy and stated the intent to adopt administrative regulations at a later date.[2] It is not clear whether the Kern High School District intends to adopt a similar policy of review as Folsom Cordova School District.
- Folsom Cordova School District: According to the Los Angeles Times, in the Folsom Cordova School District, Superintendent Deborah Bettencourt requires that any applicant to carry a concealed weapon on campus must carry their own liability insurance. Additionally, Bettencourt interviews each applicant and reviews his or her personnel and disciplinary records. Craig Reynolds, former chief of staff to State Senator Lois Wolk, who introduced and authored SB 707, states in the article that the three districts in question "are acting within the law."
- 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.
- Argument in Support: According to Everytown for Gun Safety, "This legislation would close a loophole in California law that currently allows certain individuals to carry guns in California schools.
"In 2015 the California legislature passed SB 707, which clarified that civilians should not bring guns into California's primary or secondary schools. But there is a loophole in the law that still allows school districts to let specified civilians bring a gun into a school. At least four school districts—Folsom Cordova, Kinsburg Joint Union, Anderson Union, and Kern—have begun exploiting this provision to encourage teachers or other staff to bring guns into schools, a move widely opposed by teachers, school safety experts and parents.
"We believe that guns have no place in our schools, with the exception of law enforcement and licensed security guards."
- Argument in Opposition: According to the Firearms Policy Coalition, "AB 424 removes the long time practice of allowing school district superintendents and/or their designees the ability to decide who (if anyone) would be allowed to possess a firearm on school grounds. Even with the passage of SB 707 (Wolk) in 2015, this authority remained as a recognition that local education officials were most likely to be in the best position to make decisions about the safety and protection of their students and staff.
"One has to wonder why there is a need to remove such authority, given that SB 707 has been in effect for little more than a year. Has there been an uptick in school shootings? No. Has there been an increase in the number of firearms being found on school grounds? No. Has there been an increase in any negative incidents relating to Concealed Carry Permit holders? No. In fact, the only thing that has changed is the number of school districts that have chosen to exercise their legal authority to allow individuals (specifically concealed carry permit holders) to possess a firearm on campus.
"To date, five out the state’s 1000 plus school districts have approved policies allowing staff and/or community members who possess a ccw permit to have a firearm on school grounds. In fact, the only reason for this measure is that less than 0.5% of school districts chose to exercise the authority granted to them under law in a way contrary to that which is desired by the author.
"Local control is based on the idea that decisions are best made by those who are most familiar with the needs and values of their community. The constitutional right to bear arms is based on the fundamental human right to self-defense. AB 424 undermines these very important principles based on little more than a whim; and thus should be soundly rejected by this committee."
- Prior Legislation:
- AB 2340 (Gallagher), of the 2015-2016 legislative session, exempted 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. AB 2340 failed passage in this committee.
- 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.
- 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.
- AB 624 (Allen), Chapter 659, Statutes of 1995, passed the Gun-Free School Zone Act of 1995.
- AB 2340 (Gallagher), of the 2015-2016 legislative session, exempted 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. AB 2340 failed passage in this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Everytown for Gun Safety (Co-sponsor)
Moms Demand Action (Co-sponsor)
Equality California
Faculty Association of California Colleges
1 private individual.
Opposition
California Rifle and Pistol Association
California Sportsman's Lobby
Gun Owners of California
Firearms Policy Coalition
National Rifle Association
Outdoor Sportsmen's Coalition of California
Safari Club International
Analysis Prepared by:
Gabriel Caswell / PUB. S. /
Song, Jason, "These 3 California School Districts Allow Staff to Pack Guns at Work," Los Angeles Times, April 13, 2016; Sepulvado, John, "Bakersfield District Gives OK for Teachers to Carry Guns on Campus," KQUED News, November 18, 2016. ↑
Pierce, Harold, "KHSD Board Allows Teachers to Carry Guns on Campus." www.balersfield.com, November 17, 2016. ↑
