Criminal Defense Firm Claims CCW NOT exempt from 626.9 (GFSZ)

[jb7706]

These guys seem like a fairly big outfit, how is it that they have such a different view of the law?

From http://www.shouselaw.com/gun-free-school.html

Exceptions to the California Gun-Free School Zone Act...

specific persons who are authorized to carry concealed weapons such as those engaged in the business of selling, manufacturing, etc. firearms and those who are guards, carriers, or messengers for banks or other financial institutions.14 (NOTE: Having a California "carry a concealed weapon CCW permit under Penal Code 12050 PC does not exempt you from prosecution if you carry a concealed weapon in a school zone)

[Mstrty]

Some lawyers just dont get it.

[bigcalidave]

Your link has an extra : in it...

And FROM 626.9

(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 Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of Part 4, 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.

http://law.onecle.com/california/penal/626.9.html

I have no idea why they think it wouldn't.

[socalblue]

Too stupid to separate school zone with school grounds?

[dantodd]

Too stupid to separate school zone with school grounds?

Or members/sympathizers with LCAV and would prefer to have the FUD out there.

[bigcalidave]

What difference is there between school grounds / school zones??

[Mstrty]

What difference is there between school grounds / school zones??

School grounds are the physical property that the school is located on. School zone is a 1000ft radius extending from the grounds of the school.
I am not a lawyer but, I did stay at a holiday inn last night.

[bigcalidave]

I meant regarding the law, and I meant that there is none RE this exemption.

[Quiet]

There is no difference in regards to the CCW exemption.

[Quiet]

Having a CCW permit also exempts you on the Federal level.

18 USC 922

[SmokinMr2]

From their site, notation 15
Penal Code 626.9(c)(4) above specifically excludes persons under Penal Code 12027 subdivisions b,d,e, and h from prosecution under this law. Penal Code 12027(j) deals with persons who hold CCW permits. Because subdivision "j" isn't specifically listed as an exception under Penal Code 626.9, those who carry concealed weapons in a school zone…even with a valid permit…still violate the Gun-Free School Zone Act.

Perhaps someone that knows will chime in?

626.9 says "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," etc. so I think that firm is incorrect as well.

Not sure how we went to a discussion of school grounds vs zones....

[MrPlutonium]

ooh! I've been waiting to use this for a long time now.

[Librarian]

Apparently they stopped reading 626.9 at (c)(4) and did not get to (l).

[dantodd]

Some laws have exemptions? This new piece of information might really help their practice.

[jb7706]

Did you kill their link that fast? at least you got a portion copied

Nevermind just fix the link. remove ":" at end of link and all works.

Your link has an extra : in it...
I have no idea why they think it wouldn't.

Fixed the URL, sorry about that.

I'm well aware of the CCW exemption for 626.9, and I'm just a computer geek. I ran across that site when I was trying to set an instructor straight on the exemptions this weekend. I was kinda floored that a firm of that size was clueless.