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Thread: local public building

  1. #1
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    When something is prohibited in a "local public building"

    What exactly is meant by this? Does it mean any state owned building such as a post office, library etc

    or does it many ANY building which is accessible by the general public IE Wal Mart, Starbucks etc.

    This is in regards to the California TASER law:

    "Cannot possess TASER device in state or local public building or public open meeting (171b (a) (5)) or in sterile area of airport (171.5)"

  2. #2
    Regular Member Don Tomas's Avatar
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    chrisfromcali wrote:
    When something is prohibited in a "local public building"

    What exactly is meant by this? Does it mean any state owned building such as a post office, library etc

    or does it many ANY building which is accessible by the general public IE Wal Mart, Starbucks etc.

    This is in regards to the California TASER law:

    "Cannot possess TASER device in state or local public building or public open meeting (171b (a) (5)) or in sterile area of airport (171.5)"
    Wow! The penal code is that vague? Language should be clear and concise and leave nothing to interpretation.

  3. #3
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    Yea tell me about it. I want to carry my Taser when leaving my business but our office building is shared with other tenants. I'm wondering if it's a "local building" :?

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    IANAL and am not in Cali, but my reading of it "local public building" would be, ie;
    muni buildings, city hall, community center etc...
    Walmart, Starbucks etc... are privately owned businesses.

  5. #5
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    Hunterdave wrote:
    IANAL and am not in Cali, but my reading of it "local public building" would be, ie;
    muni buildings, city hall, community center etc...
    Walmart, Starbucks etc... are privately owned businesses.
    Yea I was thinking the same thing. Thanks for your input

  6. #6
    Regular Member Don Tomas's Avatar
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    Hunterdave wrote:
    IANAL and am not in Cali, but my reading of it "local public building" would be, ie;
    muni buildings, city hall, community center etc...
    Walmart, Starbucks etc... are privately owned businesses.
    That was also my assumption, of course in California making assumptions is never a good thing because the police (many) are not even aware of the laws that allow open carry.

  7. #7
    Regular Member Decoligny's Avatar
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    Quote Originally Posted by Don Tomas View Post
    chrisfromcali wrote:
    Wow! The penal code is that vague? Language should be clear and concise and leave nothing to interpretation.
    The terminology of "state or local public building" is actually defined in PC 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.

    Nothing vague here at all.

    Please take the time to look at the actual Penal Code that was referenced in the OP.

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