California Legislature—2015–16 Regular Session

Assembly Bill No. 2340

Introduced by Assembly Member Gallagher

February 18, 2016

An act to amend Sections 626.9 and 30310 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 2340, as introduced, Gallagher. 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, subject to exceptions, prohibits a person from bringing or possessing a firearm upon the grounds of a campus of a public or private university or college, or buildings owned or operated for student housing, teaching, research, or administration by a public or private university or college, that are contiguous or are clearly marked university property, as specified, unless with the written permission of specified university or college officials. Under existing law, a violation of these provisions is a felony, or, under specified circumstances, a misdemeanor. Under existing law, certain persons are exempt from both the school zone and the university prohibitions, including, among others, a retired peace officer authorized to carry a concealed or loaded firearm.

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

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

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

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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.

begin insert

(q) This section does not apply to a person holding a valid
license to carry a concealed firearm pursuant to Chapter 4
(commencing with Section 26150) of Division 5 of Title 4 of Part
6 who also is protected by a domestic violence protective order
issued pursuant to Part 4 (commencing with Section 6300) of
Division 10 of the Family Code.

end insert

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)  begin delete Any end delete begin insert A end insert 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)  begin delete Any end delete begin insert A end insert 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)  begin delete Any end delete begin insert An end insert 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.

begin insert

(11) A person holding a valid license to carry a concealed
firearm pursuant to Chapter 4 (commencing with Section 26150)
of Division 5 of Title 4 of Part 6 who also is protected by a
domestic violence protective order issued pursuant to Part 4
(commencing with Section 6300) of Division 10 of the Family
Code.

end insert

(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.