Is PC 171b(3) for CCW in public buildings reversed?

[The Geologist]

So does the injunction on SB2 allow CCW in public buildings again ?

Before SB2 - 171(b)(3) - 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.

As amended by SB2 - 171(b)(3) - 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 who possesses the firearm within a building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, and is a justice, judge, or commissioner of the court.

[Rickybillegas]

This lawsuit focuses on the provisions of SB2 that impose particularly
egregious restrictions on the Second Amendment right to bear arms. Plaintiffs
challenge SB2’s restrictions on carrying at health care facilities, public transit and
mass transit facilities, places where liquor is sold, public gatherings, public parks and
athletic facilities, public property controlled by the State Department of Parks and
Recreation or Department of Fish and Wildlife, gambling establishments, stadiums
and arenas, public libraries, amusement parks, and zoos and museums. Cal. Penal
Code ? 26230, subds. (7), (8), (9), (10), (12), (13), (15), (16), (17), (19), (20).

171(b)3 was not included in the lawsuit therefore the injunction does not cover it.

[Preston-CLB]

My CCW specifically prohibits carry in courthouses. Local policy of the Tuolumne County courts specifically prohibit carry unless one is active LEO.

My point is to see what your IA's carry restrictions are, along with any local ordinances that are in effect.
-P

[Dvrjon]

So does the injunction on SB2 allow CCW in public buildings again? NO, see red highlights to your citation, below,

Before SB2 - 171(b)(3) - 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.

As amended by SB2 - 171(b)(3) - 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 who possesses the firearm within a building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, and is a justice, judge, or commissioner of the court.

For the Good of the Order, again.

The ruling affects only these sensitive areas of SB 2.

26230
Carry allowed:

(5) Local government buildings only "as it applies to parking areas and public appurtenant areas adjacent to where legislative, judicial, or other governmental business is conducted",*
(7) Hospitals, mental health facilities, nursing homes, medical offices, urgent care facilities, and other places where medical services are customarily provided,
(8) Public transportation,
(9) Establishments where intoxicating liquor is sold for consumption on the premises,
(10) Public gatherings and special events,
(11) Playgrounds and private youth centers,
(12) Parks and athletic facilities,
(13) Department of Parks and Recreation and Department of Fish and Wildlife
property, except hunting areas,
(15) Casinos and gambling establishments,
(16) Stadiums and arenas,
(17) Public libraries,
(19) Amusement parks,
(20) Zoos and museums,
(22) Churches, synagogues, mosques, and other places of worship,
(23) Financial institutions, and
(26) Any other privately owned commercial establishment that is open to the public, unless the operator clearly and conspicuously posts a sign indicating that license holders are permitted to carry firearms on the property.

*They also seek to enjoin SB2 to the extent it makes any "parking areas" a "sensitive place." (May Mot. at 4; see May Reply at 8 [clarifying that they challenge subsection (a)(5) regarding local government buildings only "as it applies to parking areas and public appurtenant areas adjacent to where legislative, judicial, or other governmental business is conducted"].)

That leaves in place the following:
Carry Prohibited:

(1) A place prohibited by Section 626.9 (K-12)
(2) Preschool or childcare facility
(3) Executive or legislative branch of the state government, except as allowed pursuant to paragraph (2) of subdivision (b) of Section 171c.
(4) Courts
(5) Local government buildings not including parking areas and public appurtenant areas adjacent to where legislative, judicial, or other governmental business is conducted
(See 5, Above)
(6) Correctional institutions
(14) Colleges/Universities.
(18) Airport or passenger vessel terminal, as those terms are defined in subdivision (a) of Section 171.5. (Note: 171.5 is significantly enhanced from the previous statute and is subject to exemptions in Section 26230(b), (c), or (e). - - See Below**)
(21) Nuclear Energy facility
(24) Law enforcement agency.
(25) A polling place.
(27) Any other place or area prohibited by other provisions of state law.
(28) Any other place or area prohibited by federal law.
(29) Any other place or area prohibited by local law.

**26230:

(b) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee may transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box, as defined in subdivision (y) of Section 4082 and subdivision (b) of Section 4094 of Title 11 of the California Code of Regulations, and the lock box is a firearm safety device, as defined in Section 16540, that is listed on the department's Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. Nothing in this subdivision is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.

(c) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subdivision (a) shall be allowed to:
(1) Transport a concealed firearm or ammunition within a vehicle into or out of the parking area so long as the firearm is locked in a lock box.
(2) Store ammunition or a firearm within a locked lock box and out of plain view within the vehicle in the parking area. Nothing in this paragraph is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
(3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within a locked lock box in the vehicle's trunk or other place inside the vehicle that is out of plain view.
[]
(e) Except in the places specified in paragraph (14) of subdivision (a), a licensee shall not be in violation of this section while they are traveling along a public right-of-way that touches or crosses any of the premises identified in subdivision (a) if the concealed firearm is carried on their person in accordance with the provisions of this act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. Nothing in this section allows a person to loiter or remain in a place longer than necessary to complete their travel.

[Striker62]

Looking for confirmation if I can carry with my CCW at a restaurant, bowling alley, etc. that serves alcohol. Post above appears to indicate it is okay.

Likewise, I have seen someone comment as follows: The CA. penal code reads where "alcohol is served for the primary purpose". Again, it appears a restaurant or bowling alley is okay. However two primary sources say no>>>

USCCA (Insurance carried) - Can you carry a concealed firearm in bars and restaurants that serve alcohol in California?
No, as of January 1st, 2024.

https://www.californiacarry.org/restricted-areas.html

No guns zones in effect are: Bars and restaurants that serve alcohol

They also counter the above with this: You cannot be in a place having a primary purpose of dispensing alcoholic beverages for on-site consumption.

Clear as mud as usual!

[zinfull]

Old rules on the books and new rules just passed.

[Preston-CLB]

Under the heading, "Carry Allowed" above, #13 says this...

(13) Department of Parks and Recreation and Department of Fish and Wildlife
property, except hunting areas

Concealed carry is not allowed in CA State Parks but is allowed on DFW lands during hunting seasons in designated areas.

I asked a CA State Parks district ranger about this. He said the above is correct.

I would love to see the entirety of SB-2 be struck down. The burden it places on law abiding CA citizens is horrific, and unconstitutional.
-P

[Striker62]

Thanks for the update. I agree Preston-CLB The simple fact that I cannot protect myself or my family at a restaurant is bulls**t. Most of the justification and "studies show" language in that bill is also bulls**t. Study this you f**king demorats :Finger:

[Palmaris]

Thanks for the update. I agree Preston-CLB The simple fact that I cannot protect myself or my family at a restaurant is bulls**t. Most of the justification and "studies show" language in that bill is also bulls**t. Study this you f**king demorats :Finger:

I think Restaurants are fine since their primary business is not to dispense alcohol, bars are big “NO”.

[G-forceJunkie]

I think Restaurants are fine since their primary business is not to dispense alcohol, bars are big “NO”.

Nope, if they serve alcohol at all, they are NO GO. Their parking lot as well!

[Snoopy47]

Nope, if they serve alcohol at all, they are NO GO. Their parking lot as well!

It's going to continue to be a constant pecking at geography until someone ends up testing it in the courts.

[Striker62]

It's going to continue to be a constant pecking at geography until someone ends up testing it in the courts.

They attempted to reverse the sensitive places portion, and were successful on a few portions of that section, but the restaurant that serves alcohol one still exists. It really hampers those of us that want to protect themselves and families while having a sit down meal in town. The court battle continues for now, it just takes years to overturn.

[Snoopy47]

They attempted to reverse the sensitive places portion, and were successful on a few portions of that section, but the restaurant that serves alcohol one still exists. It really hampers those of us that want to protect themselves and families while having a sit down meal in town. The court battle continues for now, it just takes years to overturn.

Yea know. I get it.

I do wonder............... what were the old laws and limitations for CCW when things were "may issue", and no one cared. Wasn't it just about anywhere except actual school grounds (K-12), and government buildings.

Then we finally get it, and POOF they are scrambling...............

Then it also occurred to me................ all these issuing agencies............... they had the authority to issue the WHOLE TIME. So few of them did uphold the constitution or interpret it with the same end results as SCOUTS.

Additionally....................

I think the most effective CCW restriction would be raising the qualification bar (that would stop cold a lot of people who don't actually shoot more than a few times a year). However, I suspect many LEO's struggle as it is, and an IA would have trouble defending a legal challenge for a standard higher than the LEO's are held too.

Right? If the standard is high (to include 5 shots reload 5 shots under a fast clock), and the LEO's are meeting the standard with a Duty/Service size pistol then they could make it very difficult for even the best shooters to qualify with a Snub Nose revolver with a 12lb trigger.