View Full Version : San Jose PD question: Travel through a school zone

07-06-2009, 3:48 PM
Two questions primarily for San Jose PD:

1. I have two routes out of the area where I live. The shorter route is through a school zone and it's my normal route of travel. The other route is twice as long and away from the school zone. If I transport handguns legally secured, can I legally take the shorter route?

2. If your reply is the legal route being the longer route, is it still the required legal route during summer when school is not in session?


07-06-2009, 5:27 PM
Under California law (626.9 P.C.) You can legally transport firearms in school zones. Under the following conditions:

626.9. (a) This section shall be known, and may be cited, as the
Gun-Free School Zone Act of 1995.
(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 don't have the Federal law in front of me, but I believe local authorities (San Jose police) would use California law, not the federal statutes.

07-06-2009, 8:03 PM

Thanks for the reply. Very clear. I'll keep a copy of this section with me.