Arm Chair Generals

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

(describes what a school zone is)

(c) As used in this code, the following definitions apply:

(2) "Safe school zone" means an area that encompasses any of the
following places during regular school hours or within 60 minutes
before or after the schoolday or 60 minutes before or after a
school-sponsored activity at the schoolsite:

(A) Within 100 feet of a bus stop, whether or not a public transit
bus stop, that has been publicly designated by the school district
as a schoolbus stop. This definition applies only if the school
district has chosen to mark the bus stop as a schoolbus stop.
(B) Within 1,000 feet of a school, as designated by the school
district.



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 ...

(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.

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Interesting legal theory...


But it is wrong. Here's why.

While there is a defined "Safe School Zone" in 626it is apparently something different than what a "school zone" is. If you completely read through 626.9 and go to section (e) you will find that "school zone" has been defined as something broader than that is found in PC626. I find it amusing and somewhat telling that "safe" is omitted in the 'gun free' definition.

I quote;

626.9(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.

Click to expand...

There are no references as to whether or not school is actually in session. 626.9 applies 24 hours a day, 7 days a week and 365 days a year.

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might be THEORY, but it's right off the DOJ's web site.

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Bravo for reading and dissecting Chapter 626 of the California Penal Code

Chapter 626 like many other sections of law, contains definitions to help and assist law abiding citizens tounderstanding their legal obligations and prevent any unintentional violations.

Chapter 626 of the California Penal Code is extremely confusing in that it has at least three definitions contained in same.

Chapter 626 clearly definesthree type places:

"School"

"Safe school zone"

"School zone"

At best, after reading Chapter 626, it is my opinion that the averageindividual would be confused and unable to formulate the required intent to violate any part of the law.

I alsobelieve that trained members of law enforcement would find it difficult to understand explain or implement the provisions of Chapter 626.

You have point out a very interesting fact that needs to be addressed.


There is a civil process where individualscan petition the courts to render aDeclaratoryRuling on EXACTLY what is ment by a law. Delcaratory rulings are the civil equivelent of having a neutral Judge settle differnces in interpretations.l

I believe that Declarartory Ruling requests filed with the court are entitled to head of the docket expedited status and an award of attorney fees if the moving party is successful.

http://law.justia.com/california/codes/ccp/1060-1062.5.html

1062.3. (a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law.


(b) Any action brought under the provisions of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take such precedence only upon noticed motion and a showing that the action requires a speedy trial.

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I still think I was covered by 626.9(c) (1), and as I stated in another post,

"I was at a GUN SHOW. I didn't look for a "school zone" to be within 1000 feet of a GUN SHOW, because I didn't think they would allow a GUN SHOW to be held in a SCHOOL ZONE"

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PincheOgro1 wrote:

I still think I was covered by 626.9(c) (1)

Click to expand...

So did Theseus. Basically, until his appeal is heard, we have to assume that every DA in the state will procecute 626.9 as if business or residentialprivate property does not exist.

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ConditionThree wrote:

Interesting legal theory...


But it is wrong. Here's why.

While there is a defined "Safe School Zone" in 626it is apparently something different than what a "school zone" is. If you completely read through 626.9 and go to section (e) you will find that "school zone" has been defined as something broader than that is found in PC626. I find it amusing and somewhat telling that "safe" is omitted in the 'gun free' definition.

I quote;

626.9(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.

Click to expand...

There are no references as to whether or not school is actually in session. 626.9 applies 24 hours a day, 7 days a week and 365 days a year.

Click to expand...

As I had mentioned before....if you read the definition literally, which we should to understand the true legislative intent. If a school is not in session, then the school is not "providing" instruction.

Maybe a slim chance this could work in our favor. :celebrate

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comsoup

preciate your input. I have been told that the "school" was 200 feet away from the GUN SHOW. My P/U was parked about 100 feet away from the entrance. It must have been a small school to have been 200 feet cause the parking lot extended for at leat 100 - 200 feet more from where my P/U was at. and I saw nothing.

I still think its silly to have a GUN SHOW with a SCHOOL so close. If this is such a terrible thing to do. The elementary school is on the North entrance. looks more than a couple hundred feet anyway. I came in on the south entrance, off of FAIR DR. I was parked on the south side. At least 1000 ft from the school anyhow.

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Want to talk about silly? I live near a gun store that shares it's back wall with a K-6th school playground. That's like zero feet

This same school denied a request I made for a 626 exemption. Reason: They couldn't possibly risk the safety of their students by allowing a gun to be within their school zone.

I pointed out the gun store. They knew about it but didn't think it changed my situation (wanting to walk as close as 500 feet). I also pointed out that these same children pass me on the sidewalk on their way home and pet my dog, while I'm armed. So that's like 2 feet

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ace,

Oh God. I'm getting a head ache !!!