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aghauler
09-29-2011, 3:03 PM
I have a couple of questions regarding School Zones and the 1000 foot exclusion for firearms.

1. If the school property is right up to the Hwy through town is it illegal to drive by the school to get to the shooting range?

2. Our retirement property in the Valley backs up to a school parking lot. Will it be illegal for me to tranfer my firearms collection to that property when I retire? Our family has owned it since 1963, if that makes a difference.

Quiet
09-29-2011, 3:07 PM
I have a couple of questions regarding School Zones and the 1000 foot exclusion for firearms.

1. If the school property is right up to the Hwy through town is it illegal to drive by the school to get to the shooting range?

2. Our retirement property in the Valley backs up to a school parking lot. Will it be illegal for me to tranfer my firearms collection to that property when I retire? Our family has owned it since 1963, if that makes a difference.

1. No, as long it is being properly transported (handguns, RAWs, DDs, MGs, SBRs & SBSs = unloaded in locked conatiner / long guns & others = unloaded). [PC 626.9(c)(2)]

2. No. Private property in a GFSZ is exempt. [PC 626.9(c)(1)]




Penal Code 626.9
(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.

stix213
09-29-2011, 3:28 PM
I have a couple of questions regarding School Zones and the 1000 foot exclusion for firearms.

1. If the school property is right up to the Hwy through town is it illegal to drive by the school to get to the shooting range?

2. Our retirement property in the Valley backs up to a school parking lot. Will it be illegal for me to tranfer my firearms collection to that property when I retire? Our family has owned it since 1963, if that makes a difference.

1) Quiet mentions the California GFSZ law, but there is a completely separate Federal GFSZ law that also covers long guns. You're less likely to get popped on this one, but it is still on the books and people have been charged. Under federal law, long guns have to be transported unloaded and in a locked case just like already mentioned for handguns, with a long gun only option of also using a locking gun rack.

2) There is at least one case I am aware of where a calgunner has been popped on private property with a handgun unloaded but not in a locked case (he was UOCing at a laundromat if I recall). The judge basically said that publicly accessible property does not mean private property in this context. So if you want your guns covered by the GFSZ law's private property exemption, they should be behind a fence or other barrier that would make an ordinary individual think they are not allowed to cross. A good example of what not to do would be to be in a GFSZ in your driveway with a handgun outside a locked case, since the mail man, UPS guy, and several other types of people routinely use that area.

aghauler
09-29-2011, 5:06 PM
Stix213 & Quiet
Thanks for the clarification. I always have the handguns locked up when in transit. The long guns if not in a locked container will always have a trigger lock. The AR has a locked case AND a trigger lock to cover all bases with that BS. The school parking lot is 70ft from my back door separated from my property by a 5 ft fence (to become an 8ft fence ASAP), trees and lots of ivy. So the 1000 ft zone would pass through my property and across the street quite aways.

Regards,

Bob B

dantodd
09-29-2011, 6:27 PM
The trigger lock doesn't meet GFSZ requirements but locked in your trunk does. You are also exempt if you are on your private property and you have control over who enters your property. Essentially, if you are in your garage etc. You are fine. If you are in a fenced yard, you are fine. If you have them in a moving van unlocked and carrying them from the curb into the house moving in, that is not ok.

aghauler
09-29-2011, 6:41 PM
Thanks for that info. Niether my pickup or Mountaineer have a lockable trunk, so I guess I'll have to buy a couple of more lockable long gun cases. BB

ubet
09-30-2011, 8:12 AM
gfsz is the stupidest thing the effing nitwitts on the hill and in sac have come up with. I would like to personally kick every last one of them in the balls who voted for that idiotic thing. (or falcon punch them if they are female)

choprzrul
09-30-2011, 8:23 AM
Thanks for that info. Niether my pickup or Mountaineer have a lockable trunk, so I guess I'll have to buy a couple of more lockable long gun cases. BB

^^Bolded is cheaper than legal council...^^

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aghauler
09-30-2011, 1:34 PM
^^Bolded is cheaper than legal council...^^

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YEEEEUP!!!:)