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MrExel17
03-29-2011, 9:51 AM
Hello Calgunners,

I might be posting the same questions that's been answered already but can't find a thread that I can relate too. Maybe you guys can help a new member, thanks in advance!

1. There is a local gunsmith that is near my work and during lunchtime I bring it to him for services. My question is since I bring my kids to school is it legal to have this firearm with me on school grounds when I drop them off (the handgun is in the trunk, with a gun lock, no clips or ammo only the case, gun, and lock) I have a feeling the answers is No you cannot with no exceptions, but just want to clarify?

I read the HSC hand book and it states:
Unauthorized Possession of a Firearm on School Grounds
It is illegal for any unauthorized person to possess or bring a firearm upon the
grounds of, or into, any public school, including the campuses of the Universityof California, California State University campuses, California community colleges,any private school (Kindergarten through 12th grade) or private university or college (PC section 626.9).

Hope this make sense, thanks again!

paul0660
03-29-2011, 10:03 AM
Yes you can. You don't need the cable. You cannot have ammo while on school property. Try the wiki at the center of the header, it is more complete than the HSC reference.

Chris J
03-29-2011, 10:12 AM
My understanding is that you are perfectly OK as long as the firearm is in the locked trunk (with no back seat access) or in a locked container, and unloaded. Carrying ammo does not matter provided the gun itself is unloaded. You may not unlock the container or trunk while within the gun free school zone.

It may also matter where you are going with the gun -- trip to the gun shop or range or hunting OK, just carrying the gun around all the time, maybe not, although you can always say you are on your way to the range if law enforcement should happen to ask. There is some debate on this matter. In my opinion, the best bet is don't get asked: keep the trunk locked and throw a blanket over your gun case, peel off the Glock bumper sticker, and leave your NRA hat at home.

Librarian
03-29-2011, 10:13 AM
The wiki article is http://wiki.calgunsfoundation.org/index.php/Gun_Free_School_Zones

Your question isn't actually answered anywhere, but on balance I wouldn't worry about it.

Locked case unloaded carry of handguns is OK while transporting through a "zone". "Zone" is sloppily defined to include the school property, while possession of a gun and/or ammunition is prohibited on school property.

If you're dropping off, I say you're travelling, and what you propose should be fine.

paul0660
03-29-2011, 10:33 AM
possession of a gun and/or ammunition is prohibited on school property.


Actually, according to 626.9, every exception to the GFSZ applies to K-12 school property as well as the "zone". There is a difference in penalties regarding the two. Firearms are absolutely prohibited on college campuses with few exceptions.

The OP CAN take his gun with him when he drops off his kid, and drive onto school property to do so. He CAN'T have ammo at that time.

Ammunition on school grounds is separately prohibited in PC 30310 (I think). Yes:http://law.onecle.com/california/penal/30310.html

Kodemonkey
03-29-2011, 10:37 AM
Okay, not to threadjack but I have a similar question:

My wife is a school teacher. She wants to stop by the range and practice after work.
Can she take it with her to school?
Does she have to leave it in her vehicle (which is parked on school grounds)?
Or is it a no-go altogether?

paul0660
03-29-2011, 10:43 AM
Here is the exception:

(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.

it is not illegal in a school zone, including the school grounds. BUT she can't have ammo on school grounds, but could have it in the car parked off school property.

Is there an employee policy about firearms?

Kodemonkey
03-29-2011, 10:46 AM
Is there an employee policy about firearms?

Trying to figure that one out. So far I can only find things about students not being allowed to bring guns or pepper spray on campus. We don't want to ask HR so I am trying to find out surreptitiously

paul0660
03-29-2011, 10:49 AM
Surreptitious has to be the watchword here. I hate off body carry, and would prefer a very secure box in a vehicle over hauling around a case.

Librarian
03-29-2011, 12:13 PM
Here is the exception:

(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.

it is not illegal in a school zone, including the school grounds. BUT she can't have ammo on school grounds, but could have it in the car parked off school property.

Is there an employee policy about firearms?

That exception does not relieve me of my concern in the slightest. I cannot find any case law or jury instructions or any other documentation that reads the exception that way -- but that only sets what risk I perceive. Others are free to read the exception in their favor if they choose.

Kodemonkey
03-29-2011, 12:25 PM
Yeah, I don't want her to be a test case. If the law isn't clear, we will steer clear of it. It just is a hassle because the range is on the way home and it is 20 minutes out of her way to go home and get her gun and backtrack to the range.

I also don't like the idea of a gun (unloaded, locked, and hidden from view) in an unattended car for a whole school day.

dantodd
03-29-2011, 3:35 PM
Also note that you said a "gun lock." If by that you mean a trigger lock or cable those do nothing for you legally. The gun must be in a locked container. If your trunk is not openable from inside the vehicle (i.e. no "trunk open" button) and also not accessible (i.e. no pass-through seats) from the interior it is considered a legal "locked container" but then you must be able to move the gun from the trunk to the gun smith. It is best if you simply put a lock on a gun rag or case.

MrExel17
03-29-2011, 4:02 PM
Man, right on to all members. This defiantly is a very big help! Much appreciated:cheers2:

Ya my vehicle can only be access from the rear of the car, no access from the back seats.

@dantodd, thanks I'll make sure to wrap the cable lock around the handle of the gun box. And I meant cable lock, my mistake!

ubet
03-29-2011, 6:42 PM
I LOVE free fire zones ie gun free school zones, they are ALWAYS the safest place to be, because guns arent allowed. :rolleyes: