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626 Question

XD5

Regular Member
Joined
Dec 31, 2010
Messages
18
Location
San Diego
In PC 626. . .

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 1,500 feet of a school, as designated by the school
district.


linked from : http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=626-626.11

My understand was that a GFSZ applied 24/7. . . according to this, does that mean that 60 minutes after school releases session you can carry in a public area within the GFSZ, though still not advisable?

I have been avoiding a particular shopping center like the plague for months now, even during the dark hours. Was I wrong to be doing that this whole time?

Any input helps!
 

Firemark

Regular Member
Joined
Oct 19, 2010
Messages
445
Location
San Diego
In PC 626. . .

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 1,500 feet of a school, as designated by the school
district.


linked from : http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=626-626.11

My understand was that a GFSZ applied 24/7. . . according to this, does that mean that 60 minutes after school releases session you can carry in a public area within the GFSZ, though still not advisable?

I have been avoiding a particular shopping center like the plague for months now, even during the dark hours. Was I wrong to be doing that this whole time?

Any input helps!

A school safe zone as you quoted is from the first section of the code and is a definiton of what a "School safe zone" is, not a "gun free school zone".

it refers particually to bus stops and a 100 foot zone around them and a 1500 foot zone around "school site" which must be designated by the school district. And stipulates 60 minutes before and after sponsored school events.

Although there is nothing stating how it is designated or how the public finds this information out. It states the bus stop must be marked and it may or may not be a public bus stop.

So to me it sounds like a very flimsy way to inflate all School zones to 1500' during school hours and then it reverts to 1000' an hour after and before classes or on the wekends (as long as their is no school sponsored weekend event).

But how can one reasonably know whats been designated if their is no means of sigange or public knowledge when these School safe zones are declared.

The example that pops in my head is Meeting for lunch with friends UOC'ing at a coffee shop patio that just happens to be across the street from Hillary Clinton Elementary schools field trip to the Kalifornia communist library. Oops!! didnt you guys get the memo this is a designated School safe zone today, guess thats 2-5 years in jail for you foolish Americans.
 

XD5

Regular Member
Joined
Dec 31, 2010
Messages
18
Location
San Diego
Thanks for the help with that clarification!

I was not totally sure on the difference when it came to SSZ and GFSZ's.

This makes sense to now. After doing some more research on on 626.9's wording I'm a little more comfortable with UOCing on private/business property now than I was before as well. I made a few calls to make sure the local market I was avoiding was safe, and their managers said they identified themselves as either private or a place of business.
 

Firemark

Regular Member
Joined
Oct 19, 2010
Messages
445
Location
San Diego
Thanks for the help with that clarification!

I was not totally sure on the difference when it came to SSZ and GFSZ's.

This makes sense to now. After doing some more research on on 626.9's wording I'm a little more comfortable with UOCing on private/business property now than I was before as well. I made a few calls to make sure the local market I was avoiding was safe, and their managers said they identified themselves as either private or a place of business.

If it was me, having followed Theseus story and seen how a corrupt DA and Judge can be, I would not put myself in any situation where im within 1000' even on private/business property. We still live in the Republic of Kalifornia, and many people in powerful places are still drinking the kool aid and hunting UOC'rs with torches and pitch forks. Im sure there are many places to carry in your neck of the woods, and malls have been known to be not helpful to our cause.

Im just saying pick you battlefields, take the high ground and dont give anyone, any opportunity, to take you to court over the insanely stupid penal codes.
Unless you have an extra $50k and like the inside of a courtroom.
 

Born2Lose

Regular Member
Joined
Dec 17, 2010
Messages
262
Location
PRK, East County San Diego
If it was me, having followed Theseus story and seen how a corrupt DA and Judge can be, I would not put myself in any situation where im within 1000' even on private/business property. We still live in the Republic of Kalifornia, and many people in powerful places are still drinking the kool aid and hunting UOC'rs with torches and pitch forks. Im sure there are many places to carry in your neck of the woods, and malls have been known to be not helpful to our cause.

Im just saying pick you battlefields, take the high ground and dont give anyone, any opportunity, to take you to court over the insanely stupid penal codes.
Unless you have an extra $50k and like the inside of a courtroom.

Well said. I wouldn't risk it either. The Thesis (mockery of a) case shows that the whole "private" property open to the public issue is a damocles sword that i personally don't want to stand under.

As a side note.
Am i the only one that found Thesis's handle food for thought?

the·sis   /ˈθisɪs/
[thee-sis]
–noun, plural -ses  /-siz/
[-seez]
.
1. a proposition stated or put forward for consideration, especially one to be discussed and proved or to be maintained against objections: He vigorously defended his thesis on the causes of war.
 

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
The definition put in place for "Safe School Zone" is not related to lawful carry such as UOC. It is to be used as an enhancement for crimes commited within that zone. UOC is still legal beyond 1000'. The "Safe School Zone" 1500' zone allows for harsher sentencing of those who engage in dope dealing, gang activity etc within it.
 

Firemark

Regular Member
Joined
Oct 19, 2010
Messages
445
Location
San Diego
The definition put in place for "Safe School Zone" is not related to lawful carry such as UOC. It is to be used as an enhancement for crimes commited within that zone. UOC is still legal beyond 1000'. The "Safe School Zone" 1500' zone allows for harsher sentencing of those who engage in dope dealing, gang activity etc within it.

Awesome thanks for the clarification
 

yawn

Regular Member
Joined
Jan 15, 2011
Messages
40
Location
west
If it was me, having followed Theseus story and seen how a corrupt DA and Judge can be, I would not put myself in any situation where im within 1000' even on private/business property. We still live in the Republic of Kalifornia, and many people in powerful places are still drinking the kool aid and hunting UOC'rs with torches and pitch forks. Im sure there are many places to carry in your neck of the woods, and malls have been known to be not helpful to our cause.

Im just saying pick you battlefields, take the high ground and dont give anyone, any opportunity, to take you to court over the insanely stupid penal codes.
Unless you have an extra $50k and like the inside of a courtroom.

What if it is your business property or private property? Cant you loaded conceal carry on thsoe regardless of where they are to a school, let alone UOC? And what showed the DA and judge as being corrupt?
 
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devildoc5

Regular Member
Joined
Jun 9, 2010
Messages
791
Location
Somewhere over run with mud(s)
What if it is your business property or private property? Cant you loaded conceal carry on thsoe regardless of where they are to a school, let alone UOC? And what showed the DA and judge as being corrupt?


The problem is that if you are on your private property but it is "easily accessible to the public" (read not fenced in with concertina wire, claymores and anti tank mines) it is therefore consider public property in regards to the issue of firearms.

Now if it is fenced in but someone can easily see through it that would probably be considered public property as well the way this "nation of Kali" works.

The easiest thing to do would be to go here: http://www.hesco.com/US_CIVIL/aboutus.html And order a couple hundred of those and fence your property in with that. Backhoes are easily rented from various supply companies around the state and one can get fill dirt for free on craigslist....

Then you can LCC all day on your private property....
 

Theseus

Founder's Club Member
Joined
Jul 6, 2008
Messages
964
Location
Lamma Island, HK
What if it is your business property or private property? Cant you loaded conceal carry on thsoe regardless of where they are to a school, let alone UOC? And what showed the DA and judge as being corrupt?

Edited for clarity.

My case is not case law, yet.

As for 626.9, it doesn't matter if you "lawfully possess" the property or not, all possession within 1000 feet of the grounds of a school is prohibited. However, you are protected or exempted from the enforcement of 626.9 within a residence, within a business or on private property if possession is otherwise lawful.
 
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yawn

Regular Member
Joined
Jan 15, 2011
Messages
40
Location
west
The problem is that if you are on your private property but it is "easily accessible to the public" (read not fenced in with concertina wire, claymores and anti tank mines) it is therefore consider public property in regards to the issue of firearms.

Now if it is fenced in but someone can easily see through it that would probably be considered public property as well the way this "nation of Kali" works.

The easiest thing to do would be to go here: http://www.hesco.com/US_CIVIL/aboutus.html And order a couple hundred of those and fence your property in with that. Backhoes are easily rented from various supply companies around the state and one can get fill dirt for free on craigslist....

Then you can LCC all day on your private property....

Wait... why would it matter if they can see in if I am conceal carrying in my house... it is concealed and they couldn't see the gun cause it is concealed. I appreciate the humor, but it is not answering my question much.
 

yawn

Regular Member
Joined
Jan 15, 2011
Messages
40
Location
west
My case is not case law, yet. As for 626.9, it doesn't matter if you "lawfully possess" the property or not, all possession within 1000 feet of the grounds of a school is prohibited, within a residence, within a business and private property are exempt if possession is otherwise lawful.

What is your case? Also, your above statement in confusing the way it is written... it is written like a befor and after clue from Wheel of Fortune. Possession of any kind on private property that you own with-in a 1000 feet is unlawful? but then you are exempt if the possession is otherwise lawful? I really am trying here guys but these posts are ubber confusing!
 

Theseus

Founder's Club Member
Joined
Jul 6, 2008
Messages
964
Location
Lamma Island, HK
What is your case? Also, your above statement in confusing the way it is written... it is written like a befor and after clue from Wheel of Fortune. Possession of any kind on private property that you own with-in a 1000 feet is unlawful? but then you are exempt if the possession is otherwise lawful? I really am trying here guys but these posts are ubber confusing!

Yeah, sorry. I clarified it, I hope.

But for further clarification, even if you are "within a residence" technically, according to how 626.9 is written, your exemption to 626.9 is contingent on the possession being otherwise legal.

An example is, say, brandishing. If you are within a residence brandishing a firearm at a person on the street, it could be considered as otherwise illegal and you could be charged with 626.9. That was the point (legislative intent) of 626.9, to prohibit unlawful possession, not make possession in and of itself prohibited.
 

devildoc5

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Joined
Jun 9, 2010
Messages
791
Location
Somewhere over run with mud(s)
Wait... why would it matter if they can see in if I am conceal carrying in my house... it is concealed and they couldn't see the gun cause it is concealed. I appreciate the humor, but it is not answering my question much.

That was only partially humerous. There was a case of someone (sorry don't remember the name off hand) that was charged with a violation of the gfsz because he was on his property and there was not a fence around it. The courts deemed it "accessible to the public" and thus not private property which means it was a violation of the gfsz.

Think it may have been theseus but not sure....
 

Theseus

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Messages
964
Location
Lamma Island, HK
That was only partially humerous. There was a case of someone (sorry don't remember the name off hand) that was charged with a violation of the gfsz because he was on his property and there was not a fence around it. The courts deemed it "accessible to the public" and thus not private property which means it was a violation of the gfsz.

Think it may have been theseus but not sure....

My case did involve 626.9. To summarize, I was doing laundry at a strip-mall that was within 1000 feet of the south end of a school parking lot. The DA asked, and the judge rules that "private property open to the public is not private property for the purposes of 626.9".
 

devildoc5

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Messages
791
Location
Somewhere over run with mud(s)
My case did involve 626.9. To summarize, I was doing laundry at a strip-mall that was within 1000 feet of the south end of a school parking lot. The DA asked, and the judge rules that "private property open to the public is not private property for the purposes of 626.9".

I was mistaken then I apologize.

The same still holds true for not fenced in yards though from what I ubderstand about the ruling
 

Theseus

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Joined
Jul 6, 2008
Messages
964
Location
Lamma Island, HK
I was mistaken then I apologize.

The same still holds true for not fenced in yards though from what I ubderstand about the ruling

The not fenced yards creates a public place for purposes of 12031, but that has nothing to do with my case. IIRC, it was Strider?
 
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