Legislation Creates New Reporting Requirements Regarding Firearms And Explosives
January 2010
Number 1
CLIENT NEWS BRIEF
LEGISLATION CREATES NEW REPORTING REQUIREMENTS
REGARDING FIREARMS AND EXPLOSIVES
Effective January 1, 2010, Assembly Bill ("AB") 1390 amends Education Code section 48902 and places new
requirements on principals or their designees when reporting firearm or explosives violations to local law
enforcement agencies.
Under the previous version of section 48902, principals or their designees were, and still are, required to report to
local law enforcement any offense involving assault with a deadly weapon or force likely to produce great
bodily injury prior to the suspension or expulsion of a student for such an offense. Section 48902 also requires
that principals report to local law enforcement within one school day after the suspension or expulsion of a
student for possession, use, sale, furnishing, or being under the influence of a controlled substance, alcoholic
beverage, or other intoxicant. In addition, section 48902 has required principals to report any person who
possesses a firearm within the school zone or who brings a weapon onto school grounds. The willful failure to
report these offenses is an infraction punishable by a fine of up to $500 to be paid by the principal or the
principal's designee who fails to report.
Under AB 1390, all of the prior requirements remain the same. However, AB 1390 amends Education Code
section 48902 to include the requirement that principals or their designees report any act involving the
possession, sale or furnishing of a firearm or the possession of an explosive by a student or non-student on
school grounds to local law enforcement and to school security or school police departments. The three key
distinctions between the prior version of section 48902 and the section as amended are as follows: (1) AB 1390
applies to both student and non-student possession of firearms and explosives; (2) principals or their designees
are now required to report firearms and explosives offenses to school security or school police departments in
addition to local law enforcement; and (3) the duty to report firearms and explosives offenses is not contingent
upon the student being suspended or expelled.
Determining whether a particular dangerous object constitutes a "firearm" or "explosive" within the meaning of
the Education Code can be a somewhat complicated task, which may create confusion as to when reporting
is required under the new legislation. For questions on this or any other subject relating to student discipline
and reporting requirements, please contact one of our seven offices located statewide.
Page 1
Written by:
Sarah L. Kaatz
Shareholder & Student Practice Group Co-Chair
Monterey Office
skaatz@lozanosmith.com
Mary Gates
Paralegal
Monterey Office
mgates@lozanosmith.com
© 2010 Lozano Smith
As the information contained herein is necessarily general, its application to a particular set of facts
and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We
recommend that you consult with your counsel prior to acting on the information contained herein.
Number 1
CLIENT NEWS BRIEF
LEGISLATION CREATES NEW REPORTING REQUIREMENTS
REGARDING FIREARMS AND EXPLOSIVES
Effective January 1, 2010, Assembly Bill ("AB") 1390 amends Education Code section 48902 and places new
requirements on principals or their designees when reporting firearm or explosives violations to local law
enforcement agencies.
Under the previous version of section 48902, principals or their designees were, and still are, required to report to
local law enforcement any offense involving assault with a deadly weapon or force likely to produce great
bodily injury prior to the suspension or expulsion of a student for such an offense. Section 48902 also requires
that principals report to local law enforcement within one school day after the suspension or expulsion of a
student for possession, use, sale, furnishing, or being under the influence of a controlled substance, alcoholic
beverage, or other intoxicant. In addition, section 48902 has required principals to report any person who
possesses a firearm within the school zone or who brings a weapon onto school grounds. The willful failure to
report these offenses is an infraction punishable by a fine of up to $500 to be paid by the principal or the
principal's designee who fails to report.
Under AB 1390, all of the prior requirements remain the same. However, AB 1390 amends Education Code
section 48902 to include the requirement that principals or their designees report any act involving the
possession, sale or furnishing of a firearm or the possession of an explosive by a student or non-student on
school grounds to local law enforcement and to school security or school police departments. The three key
distinctions between the prior version of section 48902 and the section as amended are as follows: (1) AB 1390
applies to both student and non-student possession of firearms and explosives; (2) principals or their designees
are now required to report firearms and explosives offenses to school security or school police departments in
addition to local law enforcement; and (3) the duty to report firearms and explosives offenses is not contingent
upon the student being suspended or expelled.
Determining whether a particular dangerous object constitutes a "firearm" or "explosive" within the meaning of
the Education Code can be a somewhat complicated task, which may create confusion as to when reporting
is required under the new legislation. For questions on this or any other subject relating to student discipline
and reporting requirements, please contact one of our seven offices located statewide.
Page 1
Written by:
Sarah L. Kaatz
Shareholder & Student Practice Group Co-Chair
Monterey Office
skaatz@lozanosmith.com
Mary Gates
Paralegal
Monterey Office
mgates@lozanosmith.com
© 2010 Lozano Smith
As the information contained herein is necessarily general, its application to a particular set of facts
and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We
recommend that you consult with your counsel prior to acting on the information contained herein.
As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
