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Clarification on 626.9?

C

ComeTakeThem

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Brighton, CO
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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?
 
C

CA_Libertarian

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Messages
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Location
Stanislaus County, California, USA
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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?
Click to expand...
"Inclusive" means any of those, and in any combination.
 
Sons of Liberty

Sons of Liberty

Anti-Saldana Freedom Fighter
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Riverside, California, USA
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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?
Click to expand...
"Inclusive" means any of those, and in any combination.
Click to expand...
Do these little Kindercare facilities qualify? They seem to beeverywhere!
 
P

_Patriot

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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
 
C

camsoup

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Red Bluff, California, USA
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_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
Click to expand...
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.
 
C

CA_Libertarian

State Researcher
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Messages
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Location
Stanislaus County, California, USA
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Sons of Liberty wrote:
Do these little Kindercare facilities qualify? They seem to beeverywhere!
Click to expand...
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.
 
Legend_AB

Legend_AB

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Messages
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Location
Redlands, California, USA
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(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.
Click to expand...
Does this definition of "school zone" also apply to home schools?

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

Decoligny

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Location
Rosamond, California, USA
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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.
Click to expand...
Does this definition of "school zone" also apply to home schools?

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

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.
 
T

Theseus

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Lamma Island, HK
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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.
 
bigtoe416

bigtoe416

Anti-Saldana Freedom Fighter
Joined
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Messages
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Location
Oregon
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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.
Click to expand...
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...
 
P

pullnshoot25

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Joined
Jul 24, 2008
Messages
1,139
Location
Escondido, California, USA
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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.
Click to expand...
But then aren't you the superintendent of your own school?
 
N

NightOwl

Regular Member
Joined
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Messages
559
Location
, California, USA
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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.
Click to expand...
But then aren't you the superintendent of your own school?
Click to expand...
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?
 
K

KylaGWolf

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Messages
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Location
San Diego, , USA
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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:
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.
Click to expand...
 
bigtoe416

bigtoe416

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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.
 
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