Can we CCW in the State Capitol or not?

[spencerhut]

Originally Posted by Liberty1

CCW holders can legally do the same in CA (171c PC). (whether or not the CHP guards would recognize the exemption is another thing)

I'd really like to know if it is permissible to CCW in the State Capitol. I'm up there all the time and have stayed away since I don't like going places I can not CCW.

[hawk1]

Don't drink the water while you're there.

[Pvt. Cowboy]

Without even looking, I'd expect that government buildings are off-limits to CCW carriers.

[spencerhut]

PC 171c- No LOADED firearms in State Capitol, legislative offices, Governor’s or other constitutional officer’s office, or any Senate or Assembly committee hearing rooms or on State Capitol grounds, bound by 10th, L, 15th, and N Streets, Sacramento.

PC171d – Can’t carry/possess a LOADED firearm in the Governor’s, Legislator’s, or any other constitutional officer’s residences.

The definition of Loaded Firearm that applies to the normal law abiding citizen is PC12031(g) – For PC12031, Loaded firearm is defined as when there is an unexpended cartridge or shell 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.

Is a citizen CCW'er "normal" in this state?

[GoodEyeSniper]

I thought the law specifically said that with a permit you CAN carry in state courthouses and the like, but that most officers in California interpret it as the opposite.

[Decoligny]

171b. (a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the following:
(1) A person who possesses weapons in, or transports weapons into, a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in subdivision (a) of Section 12027, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or 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.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if he or she is a party to an action pending before the court.
(3) 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.
(4) A person who has permission to possess that weapon granted in writing by a duly authorized official who is in charge of the security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in lawful possession of, that building with respect to those portions of the building that are not owned or leased by the state or local government.
(6) A person licensed or registered in accordance with, and acting within the course and scope of, Chapter 11.5 (commencing with Section 7512) or Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code who has been hired by the owner or manager of the building if the person has permission pursuant to paragraph (5).
(7) (A) A person who, for the purpose of sale or trade, brings any weapon that may otherwise be lawfully transferred, into a gun show conducted pursuant to Sections 12071.1 and 12071.4.
(B) A person who, for purposes of an authorized public exhibition, brings any weapon that may otherwise be lawfully possessed, into a gun show conducted pursuant to Sections 12071.1 and 12071.4.
(c) As used in this section, "state or local public building" means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the state or local government, if state or local public employees are regularly present for the purposes of performing their official duties. A state or local public building includes, but is not limited to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be used, by state or local employees as a place of residence.

[ke6guj]

yup, as per the PC that Decoligny posted, the law allows for CCW'ers to CCW on the capitol grounds. But as Liberty1 posted, the LAW may not allow you to.

Plus, IIRC, I remember someone mentioning that the grounds surrounding the capitol might be a park or something that has its own carry rules as well.

[Decoligny]

I haven't seen anything listing the Capitol as a State Park. PC 171c give a clear exemption for a CCW holder to legally carry in the State Capitol, and even in the Governor's Mansion.

171c. Any person, except 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 such officer to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer, a member of the military forces of this state or the United States engaged in the performance of his duties, or 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, who brings a loaded firearm into, or possesses a loaded firearm within, the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, shall be punished by imprisonment in the county jail for a period of not more than one year, a fine of not more than one thousand dollars ($1,000), or both such imprisonment and fine, or by imprisonment in the state prison.

[bulgron]

Originally Posted by Decoligny

I haven't seen anything listing the Capitol as a State Park. PC 171c give a clear exemption for a CCW holder to legally carry in the State Capitol, and even in the Governor's Mansion.

171c. Any person, except 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 such officer to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer, a member of the military forces of this state or the United States engaged in the performance of his duties, or 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, who brings a loaded firearm into, or possesses a loaded firearm within, the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, shall be punished by imprisonment in the county jail for a period of not more than one year, a fine of not more than one thousand dollars ($1,000), or both such imprisonment and fine, or by imprisonment in the state prison.

This is all like this because CCW is a privilege reserved only for Important & Powerful people. (They might be crazy and wildly irresponsible, but at least they're Important & Powerful!) If the law ever changes such that "little people" like you and me can get permits, you can expect there to be a battle royale at some point over these exceptions. I promise you, you'll start hearing about "loopholes" in the CCW laws that let the unwashed masses carry concealed permits in "sensitive areas" like the state house, schools, bars, parks, county fairgrounds, city streets, the lawn in front of your house, etc. & etc.

[ke6guj]

If I recall the conversation correctly, even though 171c allows for CCW while in the state capitol, the grounds surrounding the Capitol are not included in 171c, and is considered a state park. The thought was that the regs of the state park did not allow for CCW, so yes, you could CCW in the Capitol, but you couldn't legally get your firearm to the Capitol to CCW in the first place.

But, as I see here, http://www.calccw.com/Forums/where-c...tate-park.html , it appears that CCW'ing in a state park is legal, so that entire arguement about the state park grounds being a buffer around the Capitol look to be void.