Results 1 to 16 of 16

Thread: Clarification on 626.9?

  1. #1
    Regular Member
    Join Date
    Apr 2009
    Location
    Brighton, CO
    Posts
    16

    Post imported post

    Here's the only info in the CA Penal Code I could find on what exactly the definition of a school zone is for the purpose of UOC:

    Code:
    (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.

    What if the school only provides instruction for grades 2-12 or K-5? Or is it just
    anything under college age?


  2. #2
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    ComeTakeThem wrote:
    Here's the only info in the CA Penal Code I could find on what exactly the definition of a school zone is for the purpose of UOC:

    Code:
    (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.

    What if the school only provides instruction for grades 2-12 or K-5? Or is it just
    anything under college age?
    "Inclusive" means any of those, and in any combination.
    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.

  3. #3
    Regular Member
    Join Date
    Apr 2009
    Location
    Brighton, CO
    Posts
    16

    Post imported post

    That's what I thought. Thanks!

  4. #4
    Anti-Saldana Freedom Fighter Sons of Liberty's Avatar
    Join Date
    Mar 2009
    Location
    Riverside, California, USA
    Posts
    638

    Post imported post

    CA_Libertarian wrote:
    ComeTakeThem wrote:
    Here's the only info in the CA Penal Code I could find on what exactly the definition of a school zone is for the purpose of UOC:

    Code:
    (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.

    What if the school only provides instruction for grades 2-12 or K-5? Or is it just
    anything under college age?
    "Inclusive" means any of those, and in any combination.
    Do these little Kindercare facilities qualify? They seem to beeverywhere!
    Clinging to God & Guns: The Constitution Restoration Project

  5. #5
    Regular Member
    Join Date
    Apr 2009
    Location
    , ,
    Posts
    27

    Post imported post

    I don't know where you got that Definition but here is from 626

    626. (a) As used in this chapter, the following definitions apply:

    (1) "University" means the University of California, and includes
    any affiliated institution thereof and any campus or facility owned,
    operated, or controlled by the Regents of the University of
    California.
    (2) "State university" means any California state university, and
    includes any campus or facility owned, operated, or controlled by the
    Trustees of the California State University.
    (3) "Community college" means any public community college
    established pursuant to the Education Code.
    (4) "School" means any public or private elementary school, junior
    high school, four-year high school, senior high school, adult school
    or any branch thereof, opportunity school, continuation high school,
    regional occupational center, evening high school, or technical
    school or any public right-of-way situated immediately adjacent to
    school property or any other place if a teacher and one or more
    pupils are required to be at that place in connection with assigned
    school activities.


    This website is pretty good for looking up codes

    http://www.leginfo.ca.gov/calaw.html

  6. #6
    Regular Member
    Join Date
    Feb 2008
    Location
    Red Bluff, California, USA
    Posts
    167

    Post imported post

    _Patriot wrote:
    I don't know where you got that Definition but here is from 626

    626. (a) As used in this chapter, the following definitions apply:

    (1) "University" means the University of California, and includes
    any affiliated institution thereof and any campus or facility owned,
    operated, or controlled by the Regents of the University of
    California.
    (2) "State university" means any California state university, and
    includes any campus or facility owned, operated, or controlled by the
    Trustees of the California State University.
    (3) "Community college" means any public community college
    established pursuant to the Education Code.
    (4) "School" means any public or private elementary school, junior
    high school, four-year high school, senior high school, adult school
    or any branch thereof, opportunity school, continuation high school,
    regional occupational center, evening high school, or technical
    school or any public right-of-way situated immediately adjacent to
    school property or any other place if a teacher and one or more
    pupils are required to be at that place in connection with assigned
    school activities.


    This website is pretty good for looking up codes

    http://www.leginfo.ca.gov/calaw.html
    I believe he got it from the PC code 626.9, hence the name of this post....also known has the "federal gun free school zone act of 1995"

    626.9 subsection E

    Code:
    (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.

  7. #7
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    Sons of Liberty wrote:
    Do these little Kindercare facilities qualify? They seem to beeverywhere!
    I wish I could cite something, but I can't... so take the following with a grain of salt.

    IIRC, it is any location where two or more students and a teacher regularly meet for instruction in curriculum accredited for grades K-12.
    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.

  8. #8
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    Double tap.
    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.

  9. #9
    Regular Member Legend_AB's Avatar
    Join Date
    Jan 2009
    Location
    Redlands, California, USA
    Posts
    67

    Post imported post

    (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.
    Does this definition of "school zone" also apply to home schools?

    Or would that not apply due to the "reasonable knowledge" wording?


  10. #10
    Regular Member Decoligny's Avatar
    Join Date
    Nov 2007
    Location
    Rosamond, California, USA
    Posts
    1,865

    Post imported post

    Legend_AB wrote:
    (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.
    Does this definition of "school zone" also apply to home schools?

    Or would that not apply due to the "reasonable knowledge" wording?
    The definition applies, howeverm the reasonable knowledge will be hard to prove as the cop himself has to know that there is a homeschool in order to arrest you for a 626.9 violation.

    If you are walking down the street, and you don't know who lives where, and you don't know how their kids get their education, then you are probably ok.

    If however, your next door neighbor happens to homeschools his kids, and he has toldyou that he homeschools his kids, and he also happens to be an LEO, and he happens to be the LEO who arrests you for a 626.9 violation as you step off the curb and put one foot on the street as you get into your car, it will probably apply, and you could be in trouble.



  11. #11
    Founder's Club Member
    Join Date
    Jul 2008
    Location
    Lamma Island, HK
    Posts
    964

    Post imported post

    That has made me wonder as well. I considered home schooling my daughter, but would that then make my home a school ground and thus I can't own weapons.

    I think this might be a great loophole to challenge the law as well as it would then create a prohibition with a direct target of home schools...Something the states hate because then they loose the funding.

  12. #12
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1,748

    Post imported post

    Theseus wrote:
    That has made me wonder as well. I considered home schooling my daughter, but would that then make my home a school ground and thus I can't own weapons.
    Except, I'm sure you could convince yourself to give yourself an exception to 626.9
    Code:
    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).
    Then again, you could be a masochist...

  13. #13
    Regular Member
    Join Date
    Jul 2008
    Location
    Escondido, California, USA
    Posts
    1,140

    Post imported post

    Theseus wrote:
    That has made me wonder as well. I considered home schooling my daughter, but would that then make my home a school ground and thus I can't own weapons.

    I think this might be a great loophole to challenge the law as well as it would then create a prohibition with a direct target of home schools...Something the states hate because then they loose the funding.
    But then aren't you the superintendent of your own school?

  14. #14
    Regular Member
    Join Date
    Jul 2008
    Location
    , California, USA
    Posts
    560

    Post imported post

    pullnshoot25 wrote:
    Theseus wrote:
    That has made me wonder as well. I considered home schooling my daughter, but would that then make my home a school ground and thus I can't own weapons.

    I think this might be a great loophole to challenge the law as well as it would then create a prohibition with a direct target of home schools...Something the states hate because then they loose the funding.
    But then aren't you the superintendent of your own school?
    Would that then mean that they'd have to be put on the school district map, so that people could seek permission to OC in the area?

  15. #15
    Regular Member
    Join Date
    Mar 2009
    Location
    San Diego, , USA
    Posts
    82

    Post imported post

    Anything that is a K-12 school that is public or private falls under that law. Now something I have been thinking about what if there is a homeschool in the neighborhood would that too fall under the rule? If so how would anyone know for sure where any school is?

    ComeTakeThem wrote:
    [quote]
    [code]What if the school only provides instruction for grades 2-12 or K-5? Or is it just anything under college age?Any school that is K-12 falls under that rule.

  16. #16
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1,748

    Post imported post

    The law says you have to know or reasonably should have known about the school. Don't know about the school? The law doesn't apply.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •