AB 299

Current law generally prohibits a person from possessing or discharging a

firearm in, or on the grounds of, a school or within 1,000 feet from the grounds of a

school. Current law contains several exemptions to this prohibition, including law

enforcement officers who are acting in their official capacity and, if the person is not

in or on the grounds of a school, a person who holds a license to carry a concealed

weapon. This bill eliminates the requirement that the officer be acting in his or her

official capacity if the officer is authorized to carry a firearm; the officer is not the

subject of any disciplinary action by the law enforcement agency that could result in

the suspension or loss of his or her law enforcement authority; the officer is qualified

under standards established by the law enforcement agency to use a firearm; the law

enforcement officer is not prohibited under federal law from possessing a firearm; the

firearm is not a machine gun or a destructive device, such as a bomb; the officer is

not carrying a firearm silencer; and the officer is not under the influence of an

intoxicant. This bill also excepts from the prohibition former law enforcement

officers who are carrying certain identification that identifies the type of firearm he

or she is qualified to carry and who are not under the influence of an intoxicant.

Also, current law prohibits any person who is subject to a domestic abuse

injunction or a child abuse injunction from possessing a firearm. The prohibition,

however, does not apply to a peace officer while he or she is on duty or, if required as

a condition of employment, while he or she is off duty. A peace officer who violates

the prohibition without being subject to the exemption is guilty of a Class G felony.

Under this bill, a peace officer who violates the prohibition without being subject to

the exemption is guilty of violating the injunction and, as such, is subject to a fine

of up to $1,000 or a term of imprisonment for up to nine months, or both.