PDA

View Full Version : Guns and Gunfree school zones


Cato
07-29-2008, 4:41 PM
OK, I know guns are prohibited within like 1000 feet of a school. What if they are locked and unloaded in a car trunk? For example, can a parent park his car in the school parking lot with a firearm and attend an open house or meeting with a teacher? Or is that prohibited too?

Liberty1
07-29-2008, 4:51 PM
OK, I know guns are prohibited within like 1000 feet of a school. What if they are locked and unloaded in a car trunk? For example, can a parent park his car in the school parking lot with a firearm and attend an open house or meeting with a teacher? Or is that prohibited too?...


California Penal Code
626.9. (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995. (http://law.justia.com/california/codes/pen/626-626.11.html)
(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.

I can't find the cite for the Federal Victim Disamament School Act but it requires ALL firearms, including longarms, to in a locked container in order to be exempted.

truthseeker
07-29-2008, 4:51 PM
I would also like to know about driving by a school to get by my house since I live 5 houses down from an Elementary school. I have to drive by there to get to my house. Waht are the laws on that also.

Liberty1
07-29-2008, 5:03 PM
I would also like to know about driving by a school to get by my house since I live 5 houses down from an Elementary school. I have to drive by there to get to my house. What are the laws on that also.

Use the above exemption 626.9 c(1). If your firearm(s) is in a trunk and not also in a locked container then the vehicle must be on your property in order to open your trunk and carry the now unlocked firearm.

gazzavc
07-29-2008, 5:07 PM
When in doubt, use common sense.

If you are driving past a school on your way to or from the range, use common sense practices that you would normally use when transporting your firearms at any other time.

If you don't do anything stupid or illegal , why would you be worrying about it?

Gary