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bill_k_lopez
05-27-2011, 8:21 AM
I usually have a handgun in my car at all times. The gun is unloaded, in a locked container, and secured to the vehicle in the spare tire area in the back of the vehicle.

If my wife, a teacher, drives my car to work and parks it in the school parking lot what kind of legal issues could there be?

mej16489
05-27-2011, 10:37 AM
I usually have a handgun in my car at all times. The gun is unloaded, in a locked container, and secured to the vehicle in the spare tire area in the back of the vehicle.

If my wife, a teacher, drives my car to work and parks it in the school parking lot what kind of legal issues could there be?

Presuming there is ammunition present and she doesn't have an exemption its a misdemeanor per PC 30310

30310. (a) Unless it is with the written permission of the school
district superintendent, the superintendent's designee, or equivalent
school authority, no person shall carry ammunition or reloaded
ammunition onto school grounds, except sworn law enforcement officers
acting within the scope of their duties or persons exempted under
Section 25450.
(b) This section shall not apply to any of the following:
(1) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) A full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California.
(3) Any person summoned by any of these officers to assist in
making an arrest or preserving the peace while that person is
actually engaged in assisting the officer.
(4) A member of the military forces of this state or of the United
States who is engaged in the performance of that person's duties.
(5) A person holding a valid license to carry the firearm pursuant
to Chapter 4 (commencing with Section 26150) of Division 5.
(6) An armored vehicle guard, who is engaged in the performance of
that person's duties, as defined in subdivision (d) of Section
7582.1 of the Business and Professions Code.
(c) A violation of this section is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to
exceed one thousand dollars ($1,000), or both the imprisonment and
fine.

Soooo, park off school property...

Librarian
05-27-2011, 11:50 AM
And, it is my opinion that it violates 626.9 when you park; locked unloaded protects while transporting, but parked is no longer transporting.

If that were to be a correct interpretation - and I would suggest a prosecutor would make that interpretation - the penalty could be (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. -- A felony.

Park off site.

FLIGHT762
05-27-2011, 12:56 PM
Along with the suggestions from the other two posts, I would imagine there is a School District directive prohibiting Teachers/ Employees bringing firearms onto School Property.

The City I worked for had such a directive for employees.

darthnugget
05-27-2011, 10:54 PM
This must also apply to CCW too right? So if I carry my CCW and go to my kids PTA meeting I should unload/lockup and park across the street.

Librarian
05-27-2011, 11:01 PM
This must also apply to CCW too right? So if I carry my CCW and go to my kids PTA meeting I should unload/lockup and park across the street.

No.

CCW is an explicit exception in 626.9.

But be sure to keep concealed. Educators appear, in large part, unaware of that.

mej16489
05-28-2011, 9:36 AM
No.

CCW is an explicit exception in 626.9.

But be sure to keep concealed. Educators appear, in large part, unaware of that.

Its also an exemption to 30310 for ammo in (b)(5)

Notorious
05-28-2011, 11:38 AM
CCW is an exemption as well as LEO's or military on official duty, but the penal codes, including P.C.626 et.al., along with the School regulations and policies, would probably get her in trouble.