BILL NUMBER: SB 707 CHAPTERED
BILL TEXT
CHAPTER 766
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY AUGUST 17, 2015
AMENDED IN ASSEMBLY JULY 2, 2015
AMENDED IN SENATE MAY 4, 2015
INTRODUCED BY Senator Wolk
(Principal coauthor: Senator Jackson)
FEBRUARY 27, 2015
An act to amend Sections 626.9 and 30310 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 707, Wolk. Firearms: gun-free school zone.
Existing law, the Gun-Free School Zone Act of 1995, subject to
exceptions, prohibits a person from possessing a firearm in a place
that the person knows, or reasonably should know, is a school zone,
unless with the written permission of certain school district
officials. Existing law defines a school zone as an area on the
grounds of a school providing instruction in kindergarten or grades 1
to 12, inclusive, or within a distance of 1,000 feet of that school.
Existing law prohibits a person from bringing or possessing a
firearm upon the grounds of a campus of a public or private
university or college, or buildings owned or operated for student
housing, teaching, research, or administration by a public or private
university or college, that are contiguous or are clearly marked
university property, as specified, unless with the written permission
of specified university or college officials. Under existing law, a
violation of these provisions is a felony, or, under specified
circumstances, a misdemeanor. Under existing law, certain persons are
exempt from both the school zone and the university prohibitions,
including, among others, a person holding a valid license to carry a
concealed firearm and a retired peace officer authorized to carry a
concealed or loaded firearm.
This bill would recast the provisions relating to a person holding
a valid license to carry a concealed firearm to allow that person to
carry a firearm in an area that is within 1,000 feet of, but not on
the grounds of, a public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive. The bill would also delete
the exemption that allows a person holding a valid license to carry
a concealed firearm to bring or possess a firearm on the campus of a
university or college. The bill would create an additional exemption
from those prohibitions for certain appointed peace officers who are
authorized to carry a firearm by their appointing agency, and an
exemption for certain retired reserve peace officers who are
authorized to carry a concealed or loaded firearm. By expanding the
scope of an existing crime, the bill would create a state-mandated
local program.
Existing law, subject to exceptions, prohibits carrying ammunition
or reloaded ammunition onto school grounds unless it is with the
written permission of the school district superintendent, the
superintendent's designee, or equivalent school authority.
This bill would reorganize those exceptions. The bill would delete
the exemption that allows a person to carry ammunition or reloaded
ammunition onto school grounds if the person is licensed to carry a
concealed firearm. The bill would also create an additional exception
to that prohibition by authorizing a person to carry ammunition or
reloaded ammunition onto school grounds if it is in a motor vehicle
at all times and is within a locked container or within the locked
trunk of the vehicle.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 626.9 of the Penal Code is amended to read:
626.9. (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 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 person's 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. Section 30310 of the Penal Code is amended to read:
30310. (a) 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.
(b) This section shall not apply to any of the following:
(1) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) A full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California.
(3) Any person summoned by any of these officers to assist in
making an arrest or preserving the peace while that person is
actually engaged in assisting the officer.
(4) A member of the military forces of this state or of the United
States who is engaged in the performance of that person's duties.
(5) An armored vehicle guard, who is engaged in the performance of
that person's duties, as defined in subdivision (d) of Section
7582.1 of the Business and Professions Code.
(6) Any peace officer, listed in Section 830.1 or 830.2, or
subdivision (a) of Section 830.33, whether active or honorably
retired.
(7) Any other duly appointed peace officer.
(8) Any honorably retired peace officer listed in subdivision (c)
of Section 830.5.
(9) Any other honorably retired peace officer who during the
course and scope of his or her appointment as a peace officer was
authorized to, and did, carry a firearm.
(10) (A) A person carrying ammunition or reloaded ammunition onto
school grounds that is in a motor vehicle at all times and is within
a locked container or within the locked trunk of the vehicle.
(B) For purposes of this paragraph, the term "locked container"
has the same meaning as set forth in Section 16850.
(c) A violation of this section is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to
exceed one thousand dollars ($1,000), or both the imprisonment and
fine.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.