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View Full Version : Another GFSZ question... Gene...


cdtx2001
12-21-2009, 7:28 AM
I don't know if this has been covered before, and I don't feel like reading the hundreds of results that the search thingy brought up.


Is a GFSZ still a GFSZ if the school you are near is not is session, ie summer break, after hours, holidays, etc.

626.9 sez:

(e) As used in this section, the following definitions shall
apply:
(1) "School zone" means an area in, or on the grounds of, a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, or within a distance of 1,000 feet from the
grounds of the public or private school.


(f) (1) Any person who violates subdivision (b) by possessing a
firearm in, or on the grounds of, a public or private school
providing instruction in kindergarten or grades 1 to 12, inclusive,
shall be punished by imprisonment in the state prison for two, three,
or five years.
(2) Any person who violates subdivision (b) by possessing a
firearm within a distance of 1,000 feet from the grounds of a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, shall be punished as follows:
imprisonment blah blah blah blah blah blah .....


So, my question is, after school lets out and there are no more kids hanging around the school, is it still a GFSZ? When classes are no longer in session, instruction is not being provided. It does seem kinda silly to have a zone like that at 7pm.

Gene?
Thanks for your take on it.

Theseus
12-21-2009, 7:55 AM
Although the law is not clear enough to determine it is commonly presumed to mean that if the school provides K or grades 1 to 12 inclusive that the GFSZ is enforceable at all times, not just when they are actively providing instruction.

snobord99
12-21-2009, 9:07 AM
I'm not Gene, but I'll throw in my .02.

I didn't find anything specifically defining the term in the Penal Code, but based on the Health & Safety Code, I think it would be interpreted as being applicable at all times.

Health & Safety Code 11353.5:
"any person 18 years of age or older who unlawfully prepares for sale upon school grounds...during hours in which those facilities are open for classes...shall be punishable as..." (emphasis added)

Health & Safety Code 11357(d):
"every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor" (emphasis added)

and Health & Safety Code 11357(e):
"every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor" (emphasis added)

Based on this, the argument would be that if the legislature wanted it to apply only during school hours, they would have said so.

Glock22Fan
12-21-2009, 9:15 AM
Not quite on topic but related: I hate those "Speed limit when children are present" signs. It might be five o'clock in the morning of Christmas Day, but there could be a couple of kids behind that big parked SUV, being loaded up from the house next to the school to go to Grandma's for the day.

These legislators sure make a bunch of ambiguous tortured laws that it's easy to get on the wrong side of (and I know you know that all too well, Theseus).

Glock22Fan
12-21-2009, 9:17 AM
Based on this, the argument would be that if the legislature wanted it to apply only during school hours, they would have said so.
And at almost any reasonable hour, most days of the year, there could be a school-related program running. The children must be protected!

snobord99
12-21-2009, 9:45 AM
Not quite on topic but related: I hate those "Speed limit when children are present" signs. It might be five o'clock in the morning of Christmas Day, but there could be a couple of kids behind that big parked SUV, being loaded up from the house next to the school to go to Grandma's for the day.

These legislators sure make a bunch of ambiguous tortured laws that it's easy to get on the wrong side of (and I know you know that all too well, Theseus).

Actually, that could probably be winable. I've seen it done. Case was dismissed because it was too early in the morning and there was only one child present. Judge said speed limit was still 35, not 25.

hoffmang
12-21-2009, 12:25 PM
In the section of the Penal Code that 626.9 appears there are other chapters which limit the school zone to "when in session." There is no such limitation in 626.9 so one must assume that the absence of that exception means it isn't there.

-Gene

GrizzlyGuy
12-21-2009, 7:15 PM
So, my question is, after school lets out and there are no more kids hanging around the school, is it still a GFSZ? When classes are no longer in session, instruction is not being provided. It does seem kinda silly to have a zone like that at 7pm.

The LEOs down in San Diego apparently think it is no longer a GFSZ when school is out (http://www.calguns.net/calgunforum/showpost.php?p=3528067&postcount=67) but I'm not buying it. 24/7/365 is my read of the statute.