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Thread: Locked firearms on college property?

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    Locked firearms on college property?

    I am a little confused here, I was talking to a friend who's a former CA cop.
    He told me that according to California Penal Code Section 626.9 it is not legal to pass through a college/university property even if your firearms are locked in a box.

    Is this true? before I thought only places you can't have a locked firearms are federal buildings or beyond sterile lines.

  2. #2
    Regular Member Firemark's Avatar
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    Penal Code

    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, shall be punished as specified in subdivision (f).

    (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.

    (2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law.


    (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.

    626.9 applies only to K-12 Schools. You can not be prosecuted under 626.9 if on a college campus.
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    Regular Member Gundude's Avatar
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    Retired LEO's, gun store owners, and active duty LEO's are not very good sources for information.
    My neighbor is a retired LEO, and he had no clue about UOC or how to transport a gun in a car.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Regular Member mjones's Avatar
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    Quote Originally Posted by Lugiahua View Post
    I am a little confused here, I was talking to a friend who's a former CA cop.
    He told me that according to California Penal Code Section 626.9 it is not legal to pass through a college/university property even if your firearms are locked in a box.

    Is this true? before I thought only places you can't have a locked firearms are federal buildings or beyond sterile lines.
    This one is somewhat muddy - 626.9(c)(2) seems to provide a blanket exception for locked container carry as it says "This section" but I don't know for certain if that superceeds the statement in (c) that says (b) doesn't apply - which is specifically about K-12 'zones'

    I'm not real sure of my interpretations here as I've never dug into this much, as I'm exempt via 12050; but I think that (c)(2) would exempt for unloaded in a locked container.

    The section on colleges is (h) to (k) which doesn't directly have a locked container exemption like K-12 does.

    626.9
    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (2) When the firearm is an unloaded pistol, revolver, or other
    firearm capable of being concealed on the person and is in a locked
    container or within the locked trunk of a motor vehicle.
    This section does not prohibit or limit the otherwise lawful
    transportation of any other firearm, other than a pistol, revolver,
    or other firearm capable of being concealed on the person, in
    accordance with state law.

    (h) Notwithstanding Section 12026, any person who brings or
    possesses a loaded firearm upon the grounds of a campus of, or
    buildings owned or operated for student housing, teaching, research,
    or administration by, a public or private university or college, that
    are contiguous or are clearly marked university property, unless it
    is with the written permission of the university or college
    president, his or her designee, or equivalent university or college
    authority, shall be punished by imprisonment in the state prison for
    two, three, or four years. Notwithstanding subdivision (k), a
    university or college shall post a prominent notice at primary
    entrances on noncontiguous property stating that firearms are
    prohibited on that property pursuant to this subdivision.
    (i) Notwithstanding Section 12026, any person who brings or
    possesses a firearm upon the grounds of a campus of, or buildings
    owned or operated for student housing, teaching, research, or
    administration by, a public or private university or college, that
    are contiguous or are clearly marked university property, unless it
    is with the written permission of the university or college
    president, his or her designee, or equivalent university or college
    authority, shall be punished by imprisonment in the state prison for
    one, two, or three years. Notwithstanding subdivision (k), a
    university or college shall post a prominent notice at primary
    entrances on noncontiguous property stating that firearms are
    prohibited on that property pursuant to this subdivision.
    (j) For purposes of this section, a firearm shall be deemed to be
    loaded when there is an unexpended cartridge or shell, consisting of
    a case that holds a charge of powder and a bullet or shot, in, or
    attached in any manner to, the firearm, including, but not limited
    to, in the firing chamber, magazine, or clip thereof attached to the
    firearm. A muzzle-loader firearm shall be deemed to be loaded when it
    is capped or primed and has a powder charge and ball or shot in the
    barrel or cylinder.
    (k) This section does not require that notice be posted regarding
    the proscribed conduct.

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    Regular Member mjones's Avatar
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    Quote Originally Posted by Firemark View Post
    626.9 applies only to K-12 Schools. You can not be prosecuted under 626.9 if on a college campus.
    Incorrect - there are sections of 626.9 that apply to colleges. However, you are correct in that 'zones' are limited to K-12.

  6. #6
    Regular Member Firemark's Avatar
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    Quote Originally Posted by mjones View Post
    Incorrect - there are sections of 626.9 that apply to colleges. However, you are correct in that 'zones' are limited to K-12.
    Thanks for the correction
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  7. #7
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    California gun carry licencees can carry in K-12 school/zones & in college buildings

    SNIP

    (l) This section does not apply to a duly appointed peace officer
    as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
    Part 2, a full-time paid peace officer of another state or the
    federal government who is carrying out official duties while in
    California, any person summoned by any of these officers to assist in
    making arrests or preserving the peace while he or she is actually
    engaged in assisting the officer, a member of the military forces of
    this state or of the United States who is engaged in the performance
    of his or her duties, a person holding a valid license to carry the
    firearm**

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    My main concern is: is it illegal to enter college boundary with a unloaded firearm in a locked container? What do you guys think? The code looks really confusing to me

  9. #9
    Activist Member Joshua Costa's Avatar
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    The citation of laws is to encourage you to do your own due diligence. The only one that is responsible for your actions is your self. That being said, I keep a locked and unloaded firearm in my vehicle at all times. I am student at a community college in California. Laws in CA are changing every day and you really have to stay on your toes. Be familar with every law that has to do with firearms to protect yourself.
    "I do not love the sword for its gleam, nor the arrow for its swiftness, nor the warrior for his glory; I love only what they protect."
    — J.R.R. Tolkien

  10. #10
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    BTW, I also heard that the word "transporting" for LUCC is a tricky word,
    which some LE could (rarely) demands you to prove that you were indeed "transporting" firearms from one place to another.

    I guess if it's true, then the best thing I could do if encountered LE is to decline consent of search without a search warrent?
    Last edited by Lugiahua; 09-20-2011 at 08:18 PM.

  11. #11
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Lugiahua View Post
    BTW, I also heard that the word "transporting" for LUCC is a tricky word,
    which some LE could (rarely) demands you to prove that you were indeed "transporting" firearms from one place to another.

    I guess if it's true, then the best thing I could do if encountered LE is to decline consent of search without a search warrent?
    It's not that 'tricky'. You are either transporting to or from your motor vehicle for any lawful purpose.

    12026.1 (a)(2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.
    'Motor vehicle' can be your own or someone else's car, truck, motorcycle, public transportation, taxi...

    Always decline consent.

    If one is carrying a locked case, that otherwise does not disclose the contents, I wouldnt open it for them either. They will have to break it open or get a warrant to investigate the contents. But I am not an attorney and this is not legal advice.
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