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Locked firearms on college property?

Lugiahua

Regular Member
Joined
Aug 22, 2011
Messages
13
Location
Bay Area
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.
 

Firemark

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

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
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.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
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.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
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**
 

Lugiahua

Regular Member
Joined
Aug 22, 2011
Messages
13
Location
Bay Area
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
 

Joshua Costa

Activist Member
Joined
Jan 12, 2011
Messages
80
Location
San Diego
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.
 

Lugiahua

Regular Member
Joined
Aug 22, 2011
Messages
13
Location
Bay Area
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:

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
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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