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Librarian
12-10-2007, 1:59 PM
Another thread suggested this might be 'policy' rather than law.

Penal Code 626.9
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).
(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.
(3) When the person possessing the firearm reasonably believes
that he or she is in grave danger because of circumstances forming
the basis of a current restraining order issued by a court against
another person or persons who has or have been found to pose a threat
to his or her life or safety. This subdivision may not apply when
the circumstances involve a mutual restraining order issued pursuant
to Division 10 (commencing with Section 6200) of the Family Code
absent a factual finding of a specific threat to the person's life or
safety. Upon a trial for violating subdivision (b), the trier of a
fact shall determine whether the defendant was acting out of a
reasonable belief that he or she was in grave danger.
(4) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to subdivision (b), (d), (e),
or (h) of Section 12027.
(d) Except as provided in subdivision (b), it shall be unlawful
for any person, with reckless disregard for the safety of another, to
discharge, or attempt to discharge, a firearm in a school zone, as
defined in paragraph (1) of subdivision (e).
The prohibition contained in this subdivision does not apply to
the discharge of a firearm to the extent that the conditions of
paragraph (1) of subdivision (c) are satisfied.
(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.
(2) "Firearm" has the same meaning as that term is given in
Section 12001.
(3) "Locked container" has the same meaning as that term is given
in subdivision (c) of Section 12026.1.
(4) "Concealed firearm" has the same meaning as that term is given
in Sections 12025 and 12026.1.
(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.
(2) Any person who violates subdivision (b) by possessing a
firearm within a distance of 1,000 feet from the grounds of a public
or private school providing instruction in kindergarten or grades 1
to 12, inclusive, shall be punished as follows:
(A) By imprisonment in the state prison for two, three, or five
years, if any of the following circumstances apply:
(i) If the person previously has been convicted of any felony, or
of any crime made punishable by Chapter 1 (commencing with Section
12000) of Title 2 of Part 4.
(ii) If the person is within a class of persons prohibited from
possessing or acquiring a firearm pursuant to Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code.
(iii) If the firearm is any pistol, revolver, or other firearm
capable of being concealed upon the person and the offense is
punished as a felony pursuant to Section 12025.
(B) By imprisonment in a county jail for not more than one year or
by imprisonment in the state prison for two, three, or five years,
in all cases other than those specified in subparagraph (A).
(3) Any person who violates subdivision (d) shall be punished by
imprisonment in the state prison for three, five, or seven years.
(g) (1) Every person convicted under this section for a
misdemeanor violation of subdivision (b) who has been convicted
previously of a misdemeanor offense enumerated in Section 12001.6
shall be punished by imprisonment in a county jail for not less than
three months, or if probation is granted or if the execution or
imposition of sentence is suspended, it shall be a condition thereof
that he or she be imprisoned in a county jail for not less than three
months.
(2) Every person convicted under this section of a felony
violation of subdivision (b) or (d) who has been convicted previously
of a misdemeanor offense enumerated in Section 12001.6, if probation
is granted or if the execution of sentence is suspended, it shall be
a condition thereof that he or she be imprisoned in a county jail
for not less than three months.
(3) Every person convicted under this section for a felony
violation of subdivision (b) or (d) who has been convicted previously
of any felony, or of any crime made punishable by Chapter 1
(commencing with Section 12000) of Title 2 of Part 4, if probation is
granted or if the execution or imposition of sentence is suspended,
it shall be a condition thereof that he or she be imprisoned in a
county jail for not less than three months.
(4) The court shall apply the three-month minimum sentence
specified in this subdivision, except in unusual cases where the
interests of justice would best be served by granting probation or
suspending the execution or imposition of sentence without the
minimum imprisonment required in this subdivision or by granting
probation or suspending the execution or imposition of sentence with
conditions other than those set forth in this subdivision, in which
case the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice
would best be served by this disposition.
(h) Notwithstanding Section 12026, any person who brings or
possesses a loaded firearm upon the grounds of a campus of, or
buildings owned or operated for student housing, teaching, research,
or administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
two, three, or four years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
(i) Notwithstanding Section 12026, any person who brings or
possesses a firearm upon the grounds of a campus of, or buildings
owned or operated for student housing, teaching, research, or
administration by, a public or private university or college, that
are contiguous or are clearly marked university property, unless it
is with the written permission of the university or college
president, his or her designee, or equivalent university or college
authority, shall be punished by imprisonment in the state prison for
one, two, or three years. Notwithstanding subdivision (k), a
university or college shall post a prominent notice at primary
entrances on noncontiguous property stating that firearms are
prohibited on that property pursuant to this subdivision.
(j) For purposes of this section, a firearm shall be deemed to be
loaded when there is an unexpended cartridge or shell, consisting of
a case that holds a charge of powder and a bullet or shot, in, or
attached in any manner to, the firearm, including, but not limited
to, in the firing chamber, magazine, or clip thereof attached to the
firearm. A muzzle-loader firearm shall be deemed to be loaded when
it is capped or primed and has a powder charge and ball or shot in
the barrel or cylinder.
(k) This section does not require that notice be posted regarding
the proscribed conduct.
(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, [ snip ]
(m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Section 12031.
(n) This section does not apply to an existing shooting range at
a public or private school or university or college campus.
(o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
subdivision (a) or (i) of Section 12027 or paragraph (1) or (8) of
subdivision (b) of Section 12031.

thedonger
12-10-2007, 2:20 PM
So my reading of this is that you can not carry a firearm onto a school zone but its ok in your car? As long as you are fallowing the other restrictions on transportation in your car? ie locked container, unloaded etc.

Josh
12-10-2007, 2:47 PM
If you stop at the school for whatever reason it can be viewed as no longer just transporting through the school zone as you have made a stop there to do something else. I would NOT use your car as a "safe zone" for your guns.

Now if you are a LEO or CCW holder you are exempt from this law as you are legally allowed to carry

"(4) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to subdivision (b), (d), (e),
or (h) of Section 12027"

From then on it is up to school policy.

Librarian
12-10-2007, 3:26 PM
tteng, if the post had been "you know, it's illegal to kill people", would you have followed up with "Hey, nobody knows I shot a guy last night; was that illegal?" :confused:

The general rule is DON'T take firearms onto school property unless you have CCW or are LEO.

Some roads run through school property, others run adjacent; it's legal to transport firearms on those roads - violating the 1000 foot rule - if they're transported in accordance with California and Federal laws.

Draven
12-10-2007, 3:39 PM
The general rule is DON'T take firearms onto school property unless you have CCW or are LEO.

Just as a note, if you have a CCW, then its up to the school. even if it is a college, they can (and will) forbid it.

MikeK
12-10-2007, 3:41 PM
Just as a note, if you have a CCW, then its up to the school. even if it is a college, they can (and will) forbid it.
FWIW. . .every district in the state is required to have a policy prohibiting firearms by name. "Weapons" isn't enough. It has to specify "Firearms".

A local district just got dinged for using weapons.

thedonger
12-10-2007, 4:02 PM
(c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:...

(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.

Are you all sure about this?

(c) Subdivision (b) does not apply... (2) ...is in a locked container or within the locked trunk of a motor vehicle.

Librarian
12-10-2007, 6:00 PM
Just as a note, if you have a CCW, then its up to the school. even if it is a college, they can (and will) forbid it.

But (c)(4) says that, by itself, is not a crime if you have CCW. If discovered and you refuse to leave, it's more like trespassing, not a violation of 626.9 (b).

Librarian
12-10-2007, 6:05 PM
How does a school policy turn into penal code?626.9 is not school policy; the firearms prohibition is law.

A chief administrative officer - superintendent, principle, whatever - may individually, in writing, set a policy to allow an exception, but the default is no.

dwtt
12-10-2007, 6:31 PM
I don't know why anyone thinks it's just school policy because it's written in the law. Anyone living in a UC housing will know this. The campus and housing are all gun free and victim abundant.

muntz
12-10-2007, 7:40 PM
So are you saying that a student in housing on a UC campus can have fire arms if they have a CCW?

Librarian
12-10-2007, 8:02 PM
So are you saying that a student in housing on a UC campus can have fire arms if they have a CCW?Strictly as a matter of California Penal Code, yes. Campus rules may prohibit, on pain of expulsion from the dorms and/or from the school, or other penalty - you wouldn't go to jail on a PC 626.9 violation.

Smokeybehr
12-10-2007, 8:04 PM
So are you saying that a student in housing on a UC campus can have fire arms if they have a CCW?

Campus housing has its own rules, so you need to be careful in assuming anything. Remember, they can kick you out of the dorms and out of school, and no refunds.

aplinker
12-10-2007, 8:32 PM
Keep in mind that a college or university campus (including a satellite campus at a business park, etc.) is even more strict than a school zone. No firearms allowed at all, with no exceptions for locked in a car.

Also, by federal law, make sure even long guns are locked in a rack, trunk or case when in a regular school zone.

Lastly, possession of ammunition on your person on a college campus is a crime, too.

metalhead357
12-10-2007, 8:44 PM
Campus housing has its own rules, so you need to be careful in assuming anything. Remember, they can kick you out of the dorms and out of school, and no refunds.


And therein lies the crux of the stoooopidity of Cali law. One COMPLIES with the law (CCW) and the on the other hand gets beoyotch smacked for some esoteric regulation founded in mud and based on horse pucks........

tenpercentfirearms
12-10-2007, 10:00 PM
I can carry on my school campus all I want, I will just get fired for it. I will not go to jail though because of my CCW.

RANGER295
12-11-2007, 6:49 AM
Lastly, possession of ammunition on your person on a college campus is a crime, too.

I know more than one person who has had a few shells in a jacket pocket or in a backpack from over the weekend or something like that and forgotten about it. I have never had a firearm on campus but at the very least, I am sure that I have had a few rounds of ammo rolling around on the floor boards of my truck at some point during the 4.5 years it took me to get my bachelors degree. This is one that it is very easy to accidentally violate.

muntz
12-11-2007, 7:35 AM
This is all very interesting. Where can I find the codes which apply to what was said about ammo on college property, no offense but I'd like to see what the government has to say rather than relying on internet hearsay.

sloguy
12-11-2007, 8:13 AM
This is all very interesting. Where can I find the codes which apply to what was said about ammo on college property, no offense but I'd like to see what the government has to say rather than relying on internet hearsay.

i too would like to see the written laws about colleges. also, does it make a difference between state university and community college?

Librarian
12-11-2007, 11:39 AM
Lastly, possession of ammunition on your person on a college campus is a crime, too.I might have missed it, but I don't see anything like that - specifically for school zones, university campuses or college campuses at any level - in either Penal Code or Education Code. Possibly that's local to campuses? They could do that, for students and employees, with administrative consequences, but then it wouldn't be a crime.

MikeK
12-11-2007, 11:52 AM
I might have missed it, but I don't see anything like that - specifically for school zones, university campuses or college campuses at any level - in either Penal Code or Education Code. Possibly that's local to campuses? They could do that, for students and employees, with administrative consequences, but then it wouldn't be a crime.

12316. (a) (1) Any person, corporation, or dealer who does either
of the following shall be punished by imprisonment in a county jail
for a term not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both the imprisonment and fine:
(A) Sells any ammunition or reloaded ammunition to a person under
18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age. As
used in this subparagraph, "ammunition" means handgun ammunition as
defined in subdivision (a) of Section 12323. Where ammunition or
reloaded ammunition may be used in both a rifle and a handgun, it may
be sold to a person who is at least 18 years of age, but less than
21 years of age, if the vendor reasonably believes that the
ammunition is being acquired for use in a rifle and not a handgun.
(2) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reasonable
reliance upon, bona fide evidence of majority and identity shall be a
defense to any criminal prosecution under this subdivision. As used
in this subdivision, "bona fide evidence of majority and identity"
means a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, California state
identification card, identification card issued to a member of the
armed forces, or other form of identification that bears the name,
date of birth, description, and picture of the person.
(b) (1) No person prohibited from owning or possessing a firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.
(2) For purposes of this subdivision, "ammunition" shall include,
but not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with a deadly consequence.
(3) A violation of this subdivision is punishable by imprisonment
in a county jail not to exceed one year or in the state prison, by a
fine not to exceed one thousand dollars ($1,000), or by both the fine
and imprisonment.
(c) Unless it is with the written permission of the school
district superintendent, his or her 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
subparagraph (A) of paragraph (1) of subdivision (a) of Section
12027. This subdivision shall 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 an arrest 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 Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions Code.
A violation of this subdivision 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.
(d) (1) A violation of paragraph (1) of subdivision (b) is
justifiable where all of the following conditions are met:
(A) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against him or her.
(B) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
(C) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Section 12021.
(2) Upon the trial for violating paragraph (1) of subdivision (b),
the trier of fact shall determine whether the defendant is subject
to the exemption created by this subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she is subject to the exemption provided by
this subdivision.

Librarian
12-11-2007, 12:57 PM
Missed it, indeed. Thanks.

IMVHO, that's a pretty strange place to put it; since it uses the Gun Free School Zone phrasing, it seems to me it belongs with 626.9. It also looks as if it might apply only to grade schools and high schools (on that same basis), but I wouldn't want to press that too hard.

But it absolutely belongs here. I'll edit the original post to include it.
(Whoops - no, I can't - 10,000 character limit!)

tombinghamthegreat
12-11-2007, 1:03 PM
So if you live nearby a school and own a gun, the law does not apply? If you transport a firearm/ammo to a home or target range within 1,000 yards of a school, is it legal? I have some family that lives nearby so i want to make sure they won't get in trouble if for their guns.

Librarian
12-11-2007, 1:57 PM
So if you live nearby a school and own a gun, the law does not apply?

If you transport a firearm/ammo to a home or target range within 1,000 yards of a school, is it legal?

I have some family that lives nearby so i want to make sure they won't get in trouble if for their guns. That's 1,000 feet, not yards.

Yes, that's what the exceptions say:(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.

God Bless The Mauser
12-11-2007, 6:33 PM
So I can't have a handgun locked up in the car when I'm at school? What if I park at my friends house which is across the street from the school?

Librarian
12-11-2007, 9:13 PM
I can't even begin to answer 'across the street'.

I understand asking questions - who wants to avoidably commit a crime? Things are complicated.

So, here's a place to start thinking about such questions. This is obviously, I hope, not an absolute position.

At best, the legislature is indifferent to convenience for gun owners; at worst, of course, a few wish they would all go away (guns and owners).

In this general kind of issue, it looks like someone wants to go to / attend / work at school, and go shooting after. The legislature wants you to go to school, go home to get your gun out of safe storage, and go shooting from home.

They don't care if that means an extra fifty mile round trip.

The penalty for violating this school zone stuff is two, three or five years in state prison.

What's your tolerance for risk?

tombinghamthegreat
12-11-2007, 10:02 PM
That's 1,000 feet, not yards.

Yes, that's what the exceptions say:

Thank you, i was a little worried that my older brother would get into trouble. Thanks for the reminder, this is why i love this forum. The CA gun laws are like landmines, if you are not careful....

tygerpaw
12-12-2007, 8:44 PM
I remember in Jr High they taught hunter's safety for P.E., using a bolt action .22 rifle. Those were the days - (1981-82), before Roberti-Roos and all the other junk......

metalhead357
12-12-2007, 9:27 PM
I remember in Jr High they taught hunter's safety for P.E., using a bolt action .22 rifle. Those were the days - (1981-82), before Roberti-Roos and all the other junk......


Yep: mine also taught/had archery classes and an after school club....

DarthSean
12-12-2007, 9:40 PM
So what's the rule for the defense of yourself or others on or off your property in a school zone? I didn't see that listed.

Librarian
12-12-2007, 10:12 PM
So what's the rule for the defense of yourself or others on or off your property in a school zone? I didn't see that listed.On your property is listed as an exception - any private property, exception (c)(1).

Off your property? Who knows? I'd like to hope that if, on investigation, no other crime was committed, no one would bother about school zone. Unfortunately, I have no idea whether one can count on that.

muntz
12-13-2007, 7:16 AM
I know that this is apples and oranges when compairing CA to other states. But when I renewed my CCW in AZ the instructor said that he and a group of other instructors proposed the idea of what happens if a CCW holder happens to be near a school when a shooting starts on school grounds. The CCW holder interviens, steps on to school property, and takes out the bad guys before they can cause more harm. The AG (who at the time happened to be Janet Reno) said that she would prosecute the CCW holder to the fullest extent of the law.

N6ATF
12-13-2007, 11:18 PM
If that wasn't a message to be Batmanly about your good deeds, I don't know what is.