Gun Free School Zones
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Gun Free School Zones
Both Federal Law and California Law affect possession and transport of firearms in defined school zones. The requirements are slightly different for each.
However, in general, unless one qualifies for one of the exemptions,
- it is illegal to bring a firearm onto a school campus or property, and
- it is illegal to have a firearm in a public place within 1000 feet of a k-12 school.
Exceptions include California Concealed Weapons licenses, and transport through school zones unloaded in locked cases. Note that CCW licenses recognized under reciprocity laws do not provide exemption, per the BATF.
Federal
The original Gun Free School Zones act of 1990 was struck down in US vs Lopez. The current version is from 1995's S890.
Federal law implements the Gun Free School Zone in 18 USC 922 (q) and definitions of key terms in 18 USC 921.
Definitions
(25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. (26) The term “school” means a school which provides elementary or secondary education, as determined under State law.
Motivation
Here is what Congress thinks it is doing.
(q) (1) The Congress finds and declares that— (A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; (B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; (C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary [3] the House of Representatives and the Committee on the Judiciary of the Senate; (D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce; (E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason; (F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country; (G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States; (H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves — even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and (I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.
Congressional Record selection here.
Law
(2) (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. (B) Subparagraph (A) does not apply to the possession of a firearm— (i) on private property not part of school grounds; (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license; (iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle; (iv) by an individual for use in a program approved by a school in the school zone; (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; (vi) by a law enforcement officer acting in his or her official capacity; or (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
California CCW would exempt a handgun from this law. Contrary to California law regarding transport of long guns, this Federal law requires long guns to be "in a locked container, or a locked firearms rack that is on a motor vehicle".
California
Penal Code 626.9 was created by 1994 AB 645
Prior law had forbidden possession on school grounds; the 1995 bill repealed those sections and replaced them with these.
Interesting sidelight, from the Senate Bill analysis:
ARGUMENTS IN OPPOSITION: The California Rifle and Pistol Association is opposed to AB 645 as presently drafted because of the 1000 foot radius provision contained in proposed 626.9(e)(1) and the fact that all proposed penalties are straight felonies. There is no judicial discretion provided that would allow the courts to impose misdemeanor penalties on well-meaning lawful individuals who unwittingly pass within 1000 feet of a school that is several blocks away. The "reasonably should know" standard in subdivision (b) is too broad and subjective. In order for there to be a conviction under this provision, would school have to post signs within 1000 feet of their campus? What does "reasonably should know" mean for purposes of AB 645? In effect, AB 645 is an unjustified penalty increase for individuals who were denied a concealed weapon permit under the arbitrary and archaic provisions of the current permit issuing laws, but who have a need to carry a concealed weapon anyway for self-protection. The California Rifle and Pistol Association opposes any increase in CCW violation penalties without offsetting reforms in the manner in which permits are issued. A lawful individual who needs a permit should at least be given a fair opportunity to receive one|!
Law
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).
Exemptions
(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.
...
(4) When the person is exempt from the prohibition against
carrying a concealed firearm pursuant to subdivision (b), (d),
(e), or (h) of Section 12027.
Definitions
(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. (2) "Firearm" has the same meaning as that term is given in Section 12001. (3) "Locked container" has the same meaning as that term is given in subdivision (c) of Section 12026.1. (4) "Concealed firearm" has the same meaning as that term is given in Sections 12025 and 12026.1.
Penalties
(f) (1) Any person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment in the state prison for two, three, or five years. (2) Any person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows: (A) By imprisonment in the state prison for two, three, or five years, if any of the following circumstances apply: (i) If the person previously has been convicted of any felony, or of any crime made punishable by Chapter 1 (commencing with Section 12000) of Title 2 of Part 4. (ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 12025. (B) By imprisonment in a county jail for not more than one year or by imprisonment in the state prison for two, three, or five years, in all cases other than those specified in subparagraph (A).
Firearms also forbidden on campuses, properties of Colleges/Universities
(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. ... (k) This section does not require that notice be posted regarding the proscribed conduct.
Ammunition
Ammunition is also prohibited on school campuses: Penal Code 12316
(c) Unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties or persons exempted under subparagraph (A) of paragraph (1) of subdivision (a) of Section 12027.
There are the usual exemptions for law enforcement, military, armored vehicle guards and licensed CCW.
As written, the reference to "school district superintendent" suggests this applies to K-12 and possibly Community Colleges, since those have "districts".
