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ThePerfectExposure
05-28-2012, 2:29 AM
I happen to live directly across the street from a school and reading into about this law worries me a bit.

Does it mean that I should load up my trunk with my gun case on my driveway as opposed to my car being on the street?

"Exceptions to the California Gun-Free School Zone Act


The California Gun-Free School Zone Act is actually fairly limited in its application. It allows for a number of exceptions so that "law abiding gun owners" are not unjustly penalized under this law.11

Some of these exceptions include (but are not limited to):


California Penal Code 12025 PC "concealed weapons" in a vehicle that are properly secured in a locked container or trunk or to other firearms that are otherwise lawfully being transported,12"

http://www.shouselaw.com/gun-free-school.html

the_natterjack
05-28-2012, 6:27 AM
Same issues as yourself. I'm right across the street from a K-7 school.

I carry locked containers to my car, in my driveway, and don't load or unload during drop off or pick up times. Car doesn't have a locking trunk.

Some sound advice, avoid being noticed. Having some soccer mom freak out because her snowflake saw a man with a gun in front of the school will only lead to unhappy events for everyone involved. Being legal is one thing, being smart is another.

Brian

mrdd
05-28-2012, 6:30 AM
Just make sure that the cases are locked and you are exempted from the provisions of the GFSZ.

Note that there is no difference between your driveway and the street unless your property including the driveway is fully fenced with a locking gate.

taperxz
05-28-2012, 6:46 AM
Just make sure that the cases are locked and you are exempted from the provisions of the GFSZ.

Note that there is no difference between your driveway and the street unless your property including the driveway is fully fenced with a locking gate.

No need to worry about a "locking" gate.

CSACANNONEER
05-28-2012, 6:54 AM
Now, go read the federal laws regarding GFSZs and realize that, in this case, being in California doesn't make a difference. Well, being in CA probably makes you more aware of these laws than if you were in some other states. However, the whole GFSZ thing applies in even the most gun friendly states.

Cactus_Tim
05-28-2012, 8:51 AM
I carry locked containers to my car, in my driveway, and don't load or unload during drop off or pick up times. Car doesn't have a locking trunk.

Some sound advice, avoid being noticed. Having some soccer mom freak out because her snowflake saw a man with a gun in front of the school will only lead to unhappy events for everyone involved. Being legal is one thing, being smart is another.

Brian

This is the best advice.
You definitely want to avoid any drama.
My cases are relatively nondescript.
Unless you knew, it would be hard to tell what was in them.
Except when I bring out the Mosins.
Those really are long guns.
:-)

ThePerfectExposure
05-28-2012, 1:45 PM
Thanks guys. Yea the school is a bit TOO close where I live. Two sides of the school faces the streets - the main entrance, and the other side is a fence for the small playground, which also serves as the school bus and school pickup zone.

My apartment balcony faces the latter, and many of us park our cars on that street. I have an Daniel Defense AR15 case so it is not the most discrete thing. Good thing I don't need to load my trunk during school hours

kcbrown
05-28-2012, 2:55 PM
The relevant law is California Penal Code 626.9. The exceptions to it are:


(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.


Note that the courts have interpreted "private property" to mean only that property that is access-controlled. If the public can get to it without crossing a controlled barrier, it does not count as "private property" (one wonders, then, why one has to pay property taxes on it...).

Note that the two sections above are disjoint. That is, if you satisfy either section, you are exempt from the prohibition. That means that having your unloaded firearm in a locked container satisfies the California GFSZ law even if you are on the street.


Note that I do not know if there were any changes to this as a result of the renumbering that recently took place.

Librarian
05-28-2012, 10:33 PM
Except for some references to other sections - e.g. (2) "Firearm" has the same meaning as that term is given in
subdivisions (a) to (d), inclusive, of Section 16520.
(3) "Locked container" has the same meaning as that term is given
in Section 16850.
(4) "Concealed firearm" has the same meaning as that term is given
in Sections 25400 and 25610.626.9 itself kept its own numbering.

CBruce
05-29-2012, 3:01 PM
If the public can get to it without crossing a controlled barrier, it does not count as "private property" (one wonders, then, why one has to pay property taxes on it...).

Probably for the same reason that some people consider a zygote to be a living person, but I can't claim one as a dependant on my taxes until he/she is born.

paul0660
05-29-2012, 3:04 PM
626.9 itself kept its own numbering.

Praise the Lord.

LouHannoe
05-29-2012, 9:00 PM
This is the best advice.
You definitely want to avoid any drama.
My cases are relatively nondescript.
Unless you knew, it would be hard to tell what was in them.
Except when I bring out the Mosins.
Those really are long guns.
:-)

This is where having multiple expensive hobbies is a blessing rather than a curse. Mosins fit just perfectly inside a standard size bass guitar case. When brother and I hit the range, people think we are loading up for band practice :D