BILL ANALYSIS
AB 2609
Page 1
Date of Hearing: May 5, 1998
Consultant: Dia S. Poole
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Don Perata, Chair
AB 2609 (Lempert) - As Introduced: February 23, 1998
SUMMARY : Clarifies the Gun Free School Zone Act by expressly
forbidding possession of any firearm in any buildings and
associated student housing at a college or university campus.
EXISTING LAW :
1) Provides it is a felony for any person to bring or possess a
loaded firearm upon the grounds of any university or college
campus, including the University of California, the California
State University, the California Community Colleges, or any
private university or college, unless done with the written
permission of the university or college president, his or her
designee, or equivalent college or university authority,
punishable by two, three or four years in state prison.
(Penal Code Section 626.9 (h).)
2) Makes it a felony for any person to bring or possess a firearm
upon the grounds of any university or college campus,
including the University of California, the California State
University, the California Community
Colleges, or any private university or college, unless done
with the
written permission of the university or college president,
his or her
designee, or equivalent college or university authority,
punishable by one, two, or three years in state prison. (Penal
Code Section 626.9 (i).)
3) Makes it an alternative felony/misdemeanor for any person
except specified peace officers to bring or possess any dirk,
dagger, ice pick, knife with a fixed blade longer than 2.5
inches, folding knife, razor, taser, or stun gun, BB or pellet
gun, or spot marker gun, on the grounds of, or within, any
public or private kindergarten through 12th grade school,
punishable by up to one year in a county jail, or imprisonment
in the state prison for 16 months, 2 or 3 years. (Penal Code
Section 626.10(a).)
4) Makes it an alternative felony/misdemeanor for any person
except specified peace officers to bring or possess any dirk,
dagger, ice pick, or knife with a fixed blade longer than 2.5
inches on the grounds of, or within, any private university,
the University of California, the California State University,
AB 2609
Page 2
or the California Community Colleges, punishable by up to one
year in a county jail, or imprisonment in the state prison by
16 months, 2 or 3 years. (Penal Code Section 626.10(b).)
5) Prohibits any person from carrying a concealed firearm under
specified conditions and at specified locations. (Penal Code
Section 12025.)
6) Exempts persons, of legal age and legal residency, from the
prohibition against carrying concealed weapons if the weapon
is anywhere within the citizen's or legal resident's place of
residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident. (Penal
Code Section 12026.)
7) Enacts the Interagency School Safety Demonstration Act of 1985
and encourages California public schools, in coordination with
law enforcement agencies, to develop comprehensive safety
plans aimed at prevention of crime and violence on school
campuses and improve school attendance, reduce vandalism, drug
and alcohol abuse, gang membership, and gang violence.
(Education Code Section 32261.)
COMMENTS :
1) Author's Statement . According to the author, "While the Gun
Free School Zone Act of 1995 prohibits possession of a firearm on
or within 1,000 feet of the grounds of any school, a recent case
has tested the clarity of this statute. On June 23, 1994,
University of California Santa Barbara (UCSB), police responded
to a domestic violence complaint at a complex contiguous to the
main campus. The officers arrested and charged a student with
pulling his wife's hair, injuring his one-year old son, and
possessing a loaded firearm -- an unregistered 9mm semi-automatic
weapon that police found in a hall closet. His argument was that
off-campus residences are not necessarily part of the "grounds of
the University," and therefore, his loaded gun was legal. The
trial and appellate courts ruled against the student, but called
upon the legislature to clarify the parcels that are considered
part of a campus. AB 2609 states unequivocally that college or
university residences do constitute part of campus grounds and
therefore guns are illegal on or within 1,000 feet of those
parcels."
2) 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
AB 2609
Page 3
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) Definitions . 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.
b) Exemptions . The Act permits the possession of a firearm
in a school zone under specific circumstances:
i. On a place of residence, business, or private
property, if it is not part of the school grounds and the
possession of the firearm is otherwise lawful.
ii. If 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, or if it is a non-concealable firearm being
lawfully transported.
iii. When a 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.
iv. On an existing shooting range at a public or
private school or university or college campus.
c) Persons Exempted . The following persons are permitted to
carry a concealed firearm within a school zone:
i. Duly appointed peace officers, full-time paid peace
officers of another state or the federal government who
are carrying out official duties, assistants of a peace
officer while engaged in assisting the officer, a member
of the military forces of California or of the United
States who is engaged in the performance of his or her
duties, a person holding a valid license to carry the
firearm, or an armored vehicle guard engaged in the
performance of his or her duties.
ii. A security guard authorized to carry a loaded
firearm.
AB 2609
Page 4
iii. An honorably retired peace officer authorized to
carry a concealed or loaded firearm.
iv. Persons exempted by applicable paragraphs of Penal
Code Sections 12027:
a. A person engaged in the business of
manufacturing, importing, wholesaling, repairing, or
dealing in firearms who is licensed to do so,
providing the firearms are unloaded and concealable.
b. A person by duly authorized military or civil
organizations while parading, when going to and from
the places of meeting of their respective
organizations, providing the firearms are unloaded
and concealable.
c. Guards or messengers of common carriers, banks,
and other financial institutions while actually
employed in and about the shipment, transportation,
or delivery of any money, treasure, bullion, bonds,
or other thing of value.
d. A person operating a licensed common carrier or
an authorized agent or employee thereof when
transported in conformance with applicable federal
law.
d) Penalties . AB 624 (Allen), Chapter 659, Statutes of
1995, provided specific sentencing guidelines for persons
convicted under the Act:
i. Possessing a firearm in or on the grounds of a
public or private school, K-12 grades, is a felony
punishable by two, three, or five years in state prison.
ii. Possessing a firearm within a distance of 1,000
feet from the grounds of a public or private school, K-12
grades, is punishable as follows:
a. If the person previously: (i) has been
convicted of any felony, (ii) is within a class of
persons prohibited from possessing or acquiring a
firearm, or (iii) if the firearm is concealable and
the offense is punished as a felony pursuant to Penal
Code Section 12025, it is a felony punishable by 2,
3, or 5 years in state prison.
b. In all cases not specified above, the person is
subject to an alternate felony/misdemeanor punishable
by up to 1 year in a county jail or by 2, 3, or 5
AB 2609
Page 5
years in state prison.
iii. Discharging or attempting to discharge a firearm in
a school zone, with reckless disregard for the safety of
another, is punishable by 3, 5, or 7 years in state
prison.
iv. A person convicted of a misdemeanor violation for
possessing a firearm in a place that he or she knows, or
reasonably should know, is a school zone is subject to a
minimum of three months in county jail if the person has
been convicted previously of a misdemeanor firearms
offense as specified. If probation is granted or the
sentence is suspended, the jail term will be a condition
thereof.
v. A person convicted of a felony violation for
possessing, discharging, or attempting to discharge a
firearm in a school zone is subject to a minimum of three
months in county jail, or if probation is granted or the
sentence is suspended, the jail term will be a condition
thereof, if:
a. The person has previously been convicted of a
misdemeanor firearms offense as specified, or
b. the person has previously been convicted of any
felony or any punishable firearms offense.
vi. The court may waive the minimum sentence if it
finds that the interests of justice would be best served
by granting probation or suspending execution of the
sentence.
e) Colleges and Universities . Bringing or possessing a
loaded firearm upon the grounds of any university or
college campus without written permission, is punishable
by 2, 3, or 4 years in state prison. Bringing or
possessing a firearm generally is punishable by 1, 2, or 3
years in prison. The 1,000 feet prohibition does not
apply.
3) Place of Residence Argument in People v. Anaim . Existing law
does exempt persons, of legal age and legal residency, from
the prohibition against carrying concealed weapons if the
weapon is "anywhere within the citizen's or legal resident's
place of residence, place of business, or on private property
owned or lawfully possessed by the citizen or legal
resident..." (Penal Code Section 12026).
In the case sited by the sponsor of this bill, the Appellate
District Court of Appeals ruled that, "the statute prohibiting
the possession of loaded firearms on the University grounds or
AB 2609
Page 6
campus applies to a university-owned apartment complex located
on grounds contiguous to the traditional main campus" ( People
v. Bilal Alvert Anaim (1996) 47 Cal. App. 4th 401).
The Appellate Court's interpretation implies not only that
"grounds of the University" encompasses areas such as student
dormitories, but also that the prohibition in Penal Code 626.9
supersedes the "place of residence" exemption in Penal Code
12026.
This case, however, was ordered "de-published" by the Supreme
Court of California so the Appellate Court's decision does not
set a legal precedent. Notwithstanding, AB 2609 would provide
the clarification recommended in the Appellate Court's
decision.
4) Does AB 2609 Meet the Author's Intent Completely ? The
author's stated intent is to codify the court's finding that
"university owned" property contiguous to the traditional
campus is indeed covered by the Act. Does the proposed
amendment to specify "buildings, and associated student
housing of any public or private.." satisfactorily meet that
need? Would buildings leased by the university for extension
classes, for example, that are contiguous to a campus, be
covered by the Act as amended?
5) Incidences of Gun Violence . Although firearms-related
violations occur relatively infrequently, a 1994 report conducted
by the California Research Bureau on school violence noted two
incidents near University of California campuses:
a) In 1990, a mentally disturbed gunman killed a student and
held 33 hostages at a nearby establishment before being killed
by Berkeley city police.
b) In 1992, an individual armed with a weapon broke into the
Chancellor's house and was killed by Oakland city police.
6) Related Legislation . AB 2116 (Perata), set for hearing by
this Committee today, expands the list of persons authorized
to carry a loaded firearm in a school zone during the scope
and course of their employment to include harbor police
officers, specified guards, and private investigators.
7) Chaptering Conflict . As this bill moves to the Governor,
chaptering language is needed to avoid chaptering out AB 2116.
8) Support . Officials at the University of California argue
that the provisions of AB 2609 are mandated by two trial and
appellate court decisions, as indicated in the Author's Statement
(Comment #1). "The appellate decision held that the Act
'encompasses the traditional main campus of the University and
contiguous parcels owned by The Regents of the University of
AB 2609
Page 7
California...' but called upon the Legislature to clarify the
phrase for future cases. AB 2609 provides this clarification.
"Without AB 2609, the trial process described above will have
to be repeated the next time a student charged with having a gun
in his dormitory claims that his right to have a firearm in his
home supersedes the Act. A local district attorney might be
reluctant to pursue the case, particularly since Penal Code
statutes must be construed in the light most favorable to
defendants.
"Dormitories should be safe havens for students. AB 2609 will
erase any legal doubt that firearms are prohibited in all
campus-owned housing."
REGISTERED SUPPORT/OPPOSITION :
Support
University of California (sponsor)
Opposition
None on file
Analysis prepared by : Dia S. Poole / apubs / (916) 445-3268