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Barkoff
12-18-2012, 6:44 PM
It has been a while since I have read the law, but doesn't the language in the "school zone" law exempt those "otherwise legal to carry" as in a CCW holder?

cranemech
12-18-2012, 6:55 PM
From the CGF WIKI (http://wiki.calgunsfoundation.org/Gun_Free_School_Zones)

A PC 12050/26150 CCW allows permit holders to legally carry their listed handguns on both K-12 and college/university properties and campuses. That does not insulate a licensed student or employee of a school from administrative or job disciplinary action if the school prohibits carry for those groups

john67elco
12-18-2012, 6:55 PM
Pc626.9 I'm on phone and fumble with 5 thumbs to grab a link

Barkoff
12-18-2012, 6:59 PM
Thank you. Does this mean that a school can prohibit students and teachers who have ccw's, but not citizens?

A PC 12050/26150 CCW allows permit holders to legally carry their listed handguns on both K-12 and college/university properties and campuses. That does not insulate a licensed student or employee of a school from administrative or job disciplinary action if the school prohibits carry for those groups.

mrdd
12-18-2012, 7:08 PM
I assume you mean the state law. The federal law has a similar exemption, although it only applies persons licensed by the state in which the particular zone is located.

PC 626.9. (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.

(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).

(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.

(l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, a person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, or an armored vehicle guard, engaged in the performance of his or her duties, as defined in subdivision (e) of Section 7521 of the Business and Professions Code.

cranemech
12-18-2012, 7:13 PM
Thank you. Does this mean that a school can prohibit students and teachers who have ccw's, but not citizens?

A PC 12050/26150 CCW allows permit holders to legally carry their listed handguns on both K-12 and college/university properties and campuses. That does not insulate a licensed student or employee of a school from administrative or job disciplinary action if the school prohibits carry for those groups.

IANAL, but the way I understand it, it is not illegal for students or employees to carry,but they are subject to the policies of the school and whatever penalties that entails, ie. expulsion,loss of job,etc.

Citizens are GTG

mrdd
12-18-2012, 7:15 PM
Thank you. Does this mean that a school can prohibit students and teachers who have ccw's, but not citizens?

A PC 12050/26150 CCW allows permit holders to legally carry their listed handguns on both K-12 and college/university properties and campuses. That does not insulate a licensed student or employee of a school from administrative or job disciplinary action if the school prohibits carry for those groups.

It is just a caveat that the school can discipline a student (by expulsion) or an employee (by termination). Obviously this does not apply to the general public licensees.

Barkoff
12-18-2012, 7:18 PM
OK, due to the current uproar I was just wondering, thank you.

P5Ret
12-18-2012, 7:21 PM
Thank you. Does this mean that a school can prohibit students and teachers who have ccw's, but not citizens?

A PC 12050/26150 CCW allows permit holders to legally carry their listed handguns on both K-12 and college/university properties and campuses. That does not insulate a licensed student or employee of a school from administrative or job disciplinary action if the school prohibits carry for those groups.

No arrest but if they have signage they will ask you to leave (expect PD to be called to escort you off campus). More than likely someone will become unhinged should they notice you are carrying.

cranemech
12-18-2012, 7:29 PM
Now that I've flapped my lips about citizens being GTG in the GFSZ's.

The OP's question has made me wonder about the following restrictions, if you are a LTC holder in Sac County would we be restricted from carrying in the GFSZ? :confused:

From the Sacramento County Sheriff (http://www.sacsheriff.com/organization/office_of_the_sheriff/images/ccw_process.pdf)

Restrictions Applicable to All Sacramento Sheriff’s Department Permit Holders (Permit invalid if violated)

• While exercising the permit and carrying a weapon, no alcohol consumption is permitted.
• No permitted weapon is allowed where weapons are prohibited by law.
• No permitted weapon is allowed at locations where a sign is posted prohibiting weapons.
• The Sheriff may impose additional restrictions.
• During any law enforcement contact, you are required to disclose your status as a CCW permit holder and you must disclose whether or not you are carrying a weapon on your person or in your vehicle.
Failure of the permit holder to adhere to these restrictions will result in the revocation of the concealed weapons permit.

No worries in the 1000 foot zone.

Some agencies prohibit carry on school grounds, and if it appears on the license itself, you are bound by it.

If the Sheriff thinks you are bound by something not actually on the license paper, he'd be wrong according to state law, but remember the license is 'may issue' and renewal may become Something Of A Challenge.