CCW on campus

[xjrat]

My wife goes to collage and is in a class with a LEO who takes classes at this U.C. school when he is off duty. I was wondering if LEO's could ccw on collage campus in California? Also if a civilian with a ccw can carry on campus?

[slick_711]

My wife goes to collage and is in a class with a LEO who takes classes at this U.C. school when he is off duty. I was wondering if LEO's could ccw on collage campus in California? Also if a civilian with a ccw can carry on campus?

Yes and Yes. I'm sure the cops and school authorities hate it, but there is nothing in CA law that says you cannot CCW on a college campus. It does however say that you must be there for a legitimate reason. So a CCW holder can't just walk on campus to look around and be packing. But if a student is carrying in the course of his normal school activities (classes etc.) that is legally fine. I'm sure a civilian would get hassled if anyone found out, but he'd be in the clear legally. An off-duty cop... I doubt anybody would question it.

[hdcd]

Can civilians who work at college campuses and have a CCW carry while at work

[tenpercentfirearms]

I think we need to see the PC because I don't remember it saying anything about being on any business.

I can't find it off hand, so maybe someone else has an actual link to where we are exempt from getting busted at school.

Usually it is perfectly lawful for you to carry at any school in the state, but your employer can fire you if you are caught doing it. You need to look at your employee handbook.

[tango-52]

Here is the Penal Code Section especially paragraphs (c)(4) and (l):

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.
...
(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, 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.
(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.


Here is the link to the original text:

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=4127631638+1+0+0&WAISaction=retrieve

[ETD1010]

Whoa.. I thought only two states allowed on campus CCW, and California wasn't one of them.

Plus, I know my school (being a private school) has a rule against guns on campus, permit or otherwise. Being privately owned, I'm sure they can do that. Hell, I can't even access calguns on my campus because it's blocked due to "weapons related sites." GRRRRRR.....

[Wulf]

Whoa.. I thought only two states allowed on campus CCW, and California wasn't one of them.

Plus, I know my school (being a private school) has a rule against guns on campus, permit or otherwise. Being privately owned, I'm sure they can do that. Hell, I can't even access calguns on my campus because it's blocked due to "weapons related sites." GRRRRRR.....

You have to separate what's lawful vs. what's acceptable in the framework of your relationship with the campus.

IOW.....if you have a ccw you can lawfully carry on campus. If you were made you might you wouldent get prosecuted, but if you were a campus employee you might get fired, or if you were a student you might get expelled. But if you dont have some sort of relationship like that where they have something you want, there's really nothing they can do to you.

[ETD1010]

Then if it's lawful, they shouldn't be able to fire/expel you. I mean, if they can choose to do so, they have aright NOT to allow CCW on campus, permit or otherwise. Or so it seems.

[tango-52]

If you have a CCW, you can legally carry on campus, regardless of school policies. If it is discovered that you CCW and you are on private property, they can legally ask you to leave. If you don't leave when asked, you are now trespassing and can get arrested for that. As a private institution, they can fire employees and expel students who violate their policies. Not sure if the same is true for public schools, since CCW is not illegal. The key point is to not get "made" as a CCWer. MySpace postings about it would probably not be in your best interest either. And as far as a "good cause" for getting a CCW, saying that you want to be safe on campus usually will not work with the Sheriff.

[Wulf]

Then if it's lawful, they shouldn't be able to fire/expel you. I mean, if they can choose to do so, they have aright NOT to allow CCW on campus, permit or otherwise. Or so it seems.

Cheating on an exam won't get you prison time, but it might get you expelled.

Getting all F's wont get you prison time, but it will get you expelled and a degree is out of the question

Surfing porn on the net all day wont get you prison time, but it will get you fired.

Standards for a mutually beneficial interaction with a public accommodation like a school can be higher than the legal minimum.

[Wulf]

You actually got your DA to read the law and confirm something for you?!?!?!?!?!

Maybe you should pass a bullet tip release and a couple of gripless builds under their nose and see what they say.

[tango-52]

just talked with the sherrif in my county and he checked it out as well as the da.both of them said no at first but reading further ahead said yes.they even contacted doj to confirm.

It is always a good thing when the people that are supposed to enforce the laws actually read the laws first!

[tango-52]

That's great news and good to hear. That's the type of law enforcement attitude we need to support and promote. Which county, or general neck of the woods are you in?

[CookieMonster]

To revive an old thread, most school policies will say something like, "Possession or use of a deadly weapon or explosive without written permission from the president or supervisory administrator is grounds for expulsion."

So ask for permission, or be prepared to apply to a different college.

[Librarian]

Really?

You looked at the caution that the thread was over a thousand days old and still thought it was a good idea to add one here?