Legality of handgun in locked container inside school zone by employee.

[pullnshoot25]

I'm pretty sure that 'on school property' is only exempted for LEO and CCW holders and a few others - passing by is OK, even passing through might be successfully argued, as driving through a campus, or picking up your student from his/her school by waiting in a parking lot or drive through.

But one reason I never got in the habit of carrying a trunk gun is that I was a student for four years recently, and my wife is a teacher; I couldn't figure out how to legally carry onto school grounds.

Park off campus and take a shuttle!

[pullnshoot25]

The 1000ft GFSZ only applies to K-12.

However, you cannot carry onto the property of a preschool, night school, adult school, college, or university.
There are exceptions including LEO, armored car, written permission from the superintendent, etc....

But the locked container, for both handgun and rifle, covers you on the GFSZ area outside of the perimeter of the school.

Non-connected school property (the statute specifies college/university) must be posted to indicate the firearms restriction.

WRONG! You CAN carry into or onto a preschool, that is not K-12. Night/adult school is a grey area, as that is not K-12 AFAIK. Depends on the location I guess.

[Cokebottle]

WRONG! You CAN carry into or onto a preschool, that is not K-12. Night/adult school is a grey area, as that is not K-12 AFAIK. Depends on the location I guess.

I'm trying to find the statute... I saw it when I was looking up statutes on the "locked container" thread and it was very specific.

Again... I (and the OP) am not talking about the 1000ft perimeter area... we are referring to actual property.

[Carnivore]

I am assuming you are an employee. If so you might want to check to see you won't get fired for having a gun on any campus. Where I live I worked for the school district. If you had a gun on any district controlled land it was grounds for instant termination regardless of reason for having it, where it was or what control it was under (I.E. locked container etc..).

Just saying check into it but I would just leave it at home an pick it up after you are done at the school/office but your call.

[Decoligny]

For that, you'd have to argue that the legislature really didn't mean to say it was a 3-5 year felony rap to bring a gun onto campus.

There are lots of sloppy spots in PC. Sometimes a good lawyer can take advantage. It's my guess this isn't one of those times.

This section is not sloppy at all. Section (c)(2) says that if the firearm is in a locked container you are not in violation of section (b). Section (f) says if you violate Section (b) you do time. No violation of Section (b) = no jail time.

[Decoligny]

IIRC, There is also the handgun transportation restriction. You can't just carry a handgun around - you can only go to and from the range. Some think you can't even stop for gas.
Sorry, can't remember code right now.

And some people believe in the Easter Bunny.

The code is PC 12026.2 and it deals with transportation of a handgun by pretty much every means other than in a motor vehicle, and lists specific destinations required to meet the exemption.

PC 12026.1 specifically exempts transport in a motor vehicle in a locked secure container, with NO limitations on destination listed at all.

[Seesm]

God forbid if the OP was also able to save the lives of everyone on campus when a badguy or girl storms onto the scene with a hammer and sickle and plans for everyone.

[GrizzlyGuy]

For that, you'd have to argue that the legislature really didn't mean to say it was a 3-5 year felony rap to bring a gun onto campus.

There are lots of sloppy spots in PC. Sometimes a good lawyer can take advantage. It's my guess this isn't one of those times.

I think the legislature's intent was to provide for a harsher sentence if the gun was illegally on the school grounds, where the "risk" to students is higher, vs. hundreds of feet from the school grounds where the risk to them is lower.

A sloppier spot in the PC would be the 12025 exemptions. 12026.1 is absent of destination/purpose/direct-route provisions, but it does begin by saying "Section 12025 shall not be construed to prohibit any citizen...from transporting or carrying any pistol..." I think a DA would argue that storing the gun in your car for an entire work day isn't really "transporting or carrying" in the sense meant by the legislature, and go after you that way.

Personally, I wouldn't do this unless I had "written permission of the school district superintendent, his or her designee, or equivalent school authority" (from 626.9) to take 626.9 out of the way and establish, implicitly or preferably explicitly, a 'lawful purpose' for having the gun on school grounds.

[Cokebottle]

God forbid if the OP was also able to save the lives of everyone on campus when a badguy or girl storms onto the scene with a hammer and sickle and plans for everyone.

+1

Gun free zone = Target rich environment.

[ZRX61]

Related news:
Security guard was stabbed in campus at AVC yesterday.. They used to be a police dept, but didn't actually have the correct accredation..