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Thread: Possession of firearms on college/university campus.

  1. #1
    State Researcher
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    Ever since the Virginia Tech massacre, I've been thinking a lot about my safety on campus. I'm constantly running the 'what would I do if...' scenarios, and in my mind bringing a knife to a gun fight never turns out well.

    So, I've been reading up and I want some feedback on my interpretation of the statutes.

    Code:
    626.9...
    (c) Subdivision (b)  does not apply to the possession of a firearm
    under any of the following circumstances:
    ...
    (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.
    Code:
    171b...
    (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.
    So, if I read this right, I could carry an unloaded handgun in a locked container, and 171b doesn't apply to schools. If I'm right, I think this may be a way to not be completely disarmed when I go to class.

    Please let me know if you see anything I missed or if you know of another statute I'm not aware of.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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  2. #2
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    As an afterthought, I checked the definition of 'loaded,' as we know it varies from statute to statute...

    626.9
    ...
    (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.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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  3. #3
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    If you have a California CCW, congratulations, you are completely exempt from California's gun-free schools law and the public buildings/meetings carry ban.
    Penal Code §171b
    (b) Subdivision (a) shall not apply to, or affect, any of the following:

    * * *

    (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.


    Penal Code §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.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  4. #4
    State Pioneer ConditionThree's Avatar
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    You might also consider that there might be a local campus prohibition of firearms, in addition to State law.

    This has also got me thinking about the use of a locked case... It's just a hypothetical, but utilizing the locked case enables the carrier to excersize a number of exemptions... those regarding concealment, carry near or at a school, others?

    What is the definition of a locked case? Is there anything prohibiting a locked case from being carried on a belt holster? Could a fullyenclosedflap holster be outfitted with a hasp and padlock and be in adherence to the law?
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


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  5. #5
    State Pioneer ConditionThree's Avatar
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    WVCDL wrote:
    If you have a California CCW, congratulations, you are completely exempt from California's gun-free schools law and the public buildings/meetings carry ban.
    Yeah, good luck with that in San Francisco, Los Angeles, and Sacramento Counties... where issuance is restricted to celebrities, politicians and major financial contributors. This State is not yet "Shall issue", and because gun owners here are so closeted, we dont stand a chance in changing this until limits are pushed and people stand up in the face of legislative opposition.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  6. #6
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    I just stumbled across the answer to my question: 12025 (and 12026).

    12025 prohibits concealing a firearm, 12026, 12026.1, & 12026.2 create some specific exemptions. Basically, I am only allowed to use the locked container exemption when directly en route to or from my residence and/or place of business (or a gun show, gun repair shop, gun range, etc.) School didn't make the list.

    So, if the **** ever does hit the fan I'll be bringin' a knife to the gun fight.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  7. #7
    Founder's Club Member MudCamper's Avatar
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    Yeah, CA_Lib, you've interpreted it exactly as I would. Since the firearm is in a locked case, it's not a violation of 626.9. However, you'd be in violation of 12025. 12026.1 exempts you while going to/from or traveling in your car. 12026.2 exempts you while traveling a lot of other places. But nothing (besides a ccw permit)exempts 12025 in a school.



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