BILL ANALYSIS Ó
AB 2340
Page 1
Date of Hearing: April 19, 2016
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2340 (Gallagher) - As Introduced February 18, 2016
VOTE ONLY
SUMMARY: Exempts persons holding valid licenses to carry a
concealed firearm (CCW) who are also protected by a domestic
violence protective order from both the school zone and the
university prohibitions from possessing a firearm on a school
zone campus.
EXISTING LAW:
1)Creates the Gun-Free School Zone Act of 1995. (Pen. Code, §
626.9 subd. (a).)
2)Defines a "school zone" to means an area in, or on the grounds
of, a public or private school providing instruction in
kindergarten or grades 1 to 12, or within a distance of 1,000
feet from the grounds of the public or private school. (Pen.
Code, § 626.9, subd. (e).)
3)Provides that any person who possesses a firearm in a place
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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).)
a) 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.
b) 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:
i) Imprisonment in a county jail for not more than one
year or by imprisonment for two, three, or five years;
or,
ii) Imprisonment for two, three, or five years, if any
of the following circumstances apply:
(1) If the person previously has been convicted of
any felony, or of any specified crime.
(2) If the person is within a class of persons
prohibited from possessing or acquiring a firearm, as
specified.
(3) If the firearm is any pistol, revolver, or
other firearm capable of being concealed upon the
person and the offense is punished as a felony, as
specified.
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c) 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.
d) 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.
e) 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.
f) 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.
g) 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.
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h) Any person who brings or possesses a firearm upon the
grounds of a campus of, or buildings owned or operated for
student housing, teaching, research, or administration by,
a public or private university or college, without the
written permission of the university or college president,
his or her designee, or equivalent university or college
authority, must be punished by imprisonment for one, two,
or three years.
4)States that the Gun-Free School Zone Act of 1995 does not
apply to possession of a firearm under any of the following
circumstances: (Pen. Code, § 626.9, subd. (c).)
a) Within a place of residence or place of business or on
private property, if the place of residence, place of
business, or private property is not part of the school
grounds and the possession of the firearm is otherwise
lawful.
b) When the firearm is an unloaded pistol, revolver, or
other firearm capable of being concealed on the person and
is in a locked container or within the locked trunk of a
motor vehicle.
c) The lawful transportation of any other firearm, other
than a pistol, revolver, or other firearm capable of being
concealed on the person, in accordance with state law.
d) When the person possessing the firearm reasonably
believes that he or she is in grave danger because of
circumstances forming the basis of a current restraining
order issued by a court against another person or persons
who has or have been found to pose a threat to his or her
life or safety, as specified.
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e) When the person is exempt from the prohibition against
carrying a concealed firearm, as specified.
5)States that the Gun-Free School Zone Act of 1995 does not
apply to: (Pen. Code, § 626.9, subd. (l).)
a) A duly appointed peace officer;
b) A full-time paid peace officer of another state or the
federal government who is carrying out official duties
while in California;
c) Any person summoned by any of these officers to assist
in making arrests or preserving the peace while he or she
is actually engaged in assisting the officer;
d) A member of the military forces of this state or of the
United States who is engaged in the performance of his or
her duties;
e) A person holding a valid license to carry a concealed
firearm;
f) An armored vehicle guard, engaged in the performance of
his or her duties, as specified;
g) A security guard authorized to carry a loaded firearm;
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h) An honorably retired peace officer authorized to carry a
concealed or loaded firearm; or,
i) An existing shooting range at a public or private school
or university or college campus.
6)Specifies that unless it is with the written permission of the
school district superintendent, the superintendent's designee,
or equivalent school authority, no person shall carry
ammunition or reloaded ammunition onto school grounds, except
sworn law enforcement officers acting within the scope of
their duties or persons exempted under specified peace officer
exceptions to concealed weapons prohibitions. Exempts the
following persons: (Pen. Code, § 626.9, subd. (l).)
a) A duly appointed peace officer as defined.
b) A full-time paid peace officer of another state or the
federal government who is carrying out official duties
while in California.
c) Any person summoned by any of these officers to assist
in making an arrest or preserving the peace while that
person is actually engaged in assisting the officer.
d) A member of the military forces of this state or of the
United States who is engaged in the performance of that
person's duties.
e) A person holding a valid license to carry the firearm.
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f) An armored vehicle guard, who is engaged in the
performance of that person's duties.
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "victims of
domestic should be able to protect themselves at all times.
Preventing victims who possess a valid CCW permits from
carrying firearms on school grounds will only make them more
vulnerable to abuse and attacks."
2)Persons with Concealed Carry Permits may Carry Weapons on
School Grounds if Authorized by School Officials: Under the
existing code section for the Gun-Free School Zone Act, any
person can possess a concealed weapon on school grounds
provided that they have permission from school officials. The
relevant code sections read as follows:
"[A]ny person who possesses a firearm in a place that the
person knows, or reasonably should know, is a school zone,
unless it is with the written permission of the school
district superintendent, or equivalent school authority, is
punished?" (Pen. Code, § 626.9, subd (b).) (emphasis
added.)
"Unless it is with the written permission of the school
district superintendent, the superintendent's designee, or
equivalent school authority, no person shall carry
ammunition or reloaded ammunition onto school grounds,
except sworn law enforcement officers in the scope of their
duties." (Pen. Code, § 30310, subd. (a).) (emphasis
added.)
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The legislature has made a policy decision, that persons may
carry firearms on school grounds with the written permission
of school officials. The reason for this is to enhance
public safety. Specifically, it is in the interests of public
safety that school officials know that firearms are being
carried on school grounds. Additionally, if a person has a
domestic violence restraining order and the feel the need to
carry a concealed weapon at work to defend themselves, school
officials should know that danger is looming as well.
3)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.
4)Argument in Support: According to Safari Club International,
"it is considered appropriate that persons possessing a permit
to carry a concealed weapon (CCW) who are issued a protective
order based on a threat of domestic violence be able to defend
themselves if necessary while being in a school zone. They
should be able to carry their concealed firearm wherever they
go. Otherwise, they would be left defenseless if assaulted
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while within a school zone."
5)Argument in Opposition: According to The California Chapters
of the Brady Campaign to Prevent Gun Violence, "In furtherance
of our goal to reduce firearm violence in our communities,
including on school grounds and college campuses, the
California Brady Campaign Chapters are taking an oppose
position to your bill, AB 2340.
"Legislation was enacted last year (SB 707) that prohibits
persons holding a valid license to carry a concealed and
loaded weapon (CCW) to bring the gun on the grounds of a K-12
school or on the campus of a university or college. Firearms,
including concealed, loaded handguns, can still be allowed on
school grounds or campuses with the written permission of
school officials. AB 2340 would exempt CCW holders who are
protected by a domestic violence protective order from the
prohibition. Such person would also be exempt from the
prohibition on carrying ammunition onto school grounds. The
reasons for prohibiting CCW holders from carrying guns on
school grounds and campuses have not changed since last year
and apply to AB 2340.
"Under existing law, county sheriffs issue CCW permits and
thereby determine who may carry a concealed, loaded gun on
school grounds or campuses. Although there is a big variance
in standards for issuing CCW permits among sheriffs, a permit
is valid in any county in the state. Under AB 2340, a person
who obtained a CWW permit in a rural county could be carrying
a loaded gun on a campus in an urban setting. The Brady
Campaign strongly believes that the discretion to allow
hidden, loaded guns on a school grounds and college or
university campuses must ultimately lie with school
authorities, who bear the responsibility for the well-being
and safety of their students.
"Moreover, it is very important for school authorities to know
who has a loaded, hidden gun on campus. It has become
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standard practice for schools to prepare for a campus shooting
incident. Active shooter drills are conducted and procedures
are developed in collaboration with local law enforcement
agencies. In a real school shooting, the presence of an armed
person, who is unaware of the preparedness plan and whose
intent may be unknown, adds unnecessary confusion and risk to
the situation.
"The Violence Policy Center has documented homicides,
suicides, accidental shootings and at least 29 mass shootings
(since May 2007) committed by CCW license holders. Under
existing law, they cannot carry their guns in many sensitive
places. Similarly, those CCW permit holders who are also
protected by a domestic violence protective order cannot carry
their gun in many locations and schools should be no
different.
"If a person feels threatened to the point where she or he
feels the need to have a gun for a potential shootout, then
that person should not be on school grounds or a college
campus. Young children or older students could be killed in
the crossfire. Safely using a firearm in such an emotionally
charged or stressful situation would be difficult and would
put many at great risk of being shot."
6)Prior Legislation:
a) 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.
b) 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.
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Exempts specified law enforcement and security personnel.
c) AB 624 (Allen), Chapter 659, Statutes of 1995, passed
the Gun-Free School Zone Act of 1995.
REGISTERED SUPPORT / OPPOSITION:
Support
California Rifle and Pistol Association
California Sportsmen's Lobby, Inc.
Mono County Deputy Sheriff's Association
National Rifle Association of America
Outdoor Sportsmen's Coalition of California
Peace Officer Research Association of California
Safari Club International
1 Private Individual
Opposition
California Chapters of the Brady Campaign to Prevent Gun
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Violence
California Federation of Teachers
Law Center to Prevent Gun Violence
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744