PC 626.9 – California Gun Free Zone

California Gun-Free Zone – Table of Contents

• PC 626.9 Overview
• PC 626.9 Prosecuting
• PC 626.9 Sentencing
• PC 626.9 Defending
• Cali Gun-Free Zone – Hire Us

PC 626.9 – Overview

What is the California Gun Free Zone Act as defined under California Penal Code 626.9?

Any person who possesses a firearm or discharges a firearm within 1,000 feet of a public and private school, otherwise known as a school zone for public and private schools providing education instruction to students enrolled in grades 1 through 12, and the accused reasonably knows they are in a school zone.

Does it matter if the gun was loaded as defined under California Penal Code 626.9?

No.

PC 626.9 – Prosecuting

What kinds of firearms are not prohibited under California Penal Code 626.9 can be possessed in regard to the California Gun Free Zone Act?

Possession of a firearm in residential areas, private property, places of business, when it is obvious by reasonable conclusions that these areas are not apart of the school grounds and or school zones;, or other firearms or can be locked in a container within the trunk of a vehicle and locked.

Are there any exceptions to California Penal Code 626.9 and the California Gun Free Zone Act?

Yes. When the accused possessing the loaded firearm has a reasonable fear of bodily harm that stems from a current restraining order that was granted in either civil or criminal court, and that danger has been elevated to a grave perception of danger of the person’s life or safety and or that of those in his immediate care or zone of danger .

Yes. When the accused possessing the loaded firearm is licensed by the State of California as a gun dealer in the commerce of manufacturing, importing, wholesaling, repairing or dealing in firearms, or is an authorized agent in the trade as a licensed dealer in the State of California and the possession involves active business .

Yes. When the accused possessing the loaded firearm is either in the course of their active duties in the military or is permitted by the State of California in the course of civic parade as part of a civic organization where the open display of firearms on or around the school zone is permitted.

Yes. When the accused possessing the loaded firearm is a licensed private, personal or corporate affiliated security guard for banks, investment companies, or other financial institutions in the duties of transportation of assets and or property including treasures, bouillons, US notes, bonds, Silver or anything of value.

Yes. When the accused possesses unloaded firearms, and carries a licensed Concealed to Carry Weapons permit (CCW) and does so as a licensed merchant carrier for gun dealers who are currently licensed in the State of California as a licensed dealer and currently involved in the trade firearms and the merchant is currently transporting the unloaded firearms as the course of their business.

Yes. When the accused possesses a loaded firearm and is employed by the Department of Justice and has a permit for a CCW as dedicated by the State of California.

Can a business entity (501-3c or LLC, LP, S Corp) with a violation of California Penal Code 626.9?

Yes. if the nature of the business derives from the use of force, and it is expected that force is a material part of the activities involved in the business. And the authorized or employed agent or employment is acting under the direction of their employer or superior to indicate a course of dealings without duress or coercion.

PC 626.9 – Sentencing

What are the penalties for a violation of California Penal Code 626.9?

A violation of the carrying a loaded firearm or unloaded firearm on school grounds is charged as a felony with confinement ranging between 2, 3, or 5 years in State Prison. This is not within the description of Penal Code 626.9 and charged as a separate offense.

But a violation of California Penal Code 626.9 when the possession of a firearm is within the school can be charged as a misdemeanor or a felony. It is chargeable as a misdemeanor when: the accused does not have a prior offense of carrying an unlicensed loaded firearm; or is not disqualified from carrying a firearm due to a current evaluation of a mental condition as stated in the DSM VI, or has not been currently released after a reasonable period for an involuntary confinement in a mental institution; or has not been convicted of driving a vehicle with a unlicensed loaded firearm. Confinement under these circumstances under is at least 3 months to 1 year in State Jail as a misdemeanor; otherwise with the prior offenses under those same designated violations is charged as a felony and the confinement period is 16 months, 2, 3 years in State Prison.

A violation of California Penal Code 626.9 when the possession of a loaded firearm is on a university campus, university housing or property is charged as a felony with confinement periods of 16 months, 2, 3 years in State Prison. If the firearm is not loaded confinement periods range between 1, 2, or 3 years in State Prison.

Note: if the accused has committed a prior conviction of domestic violence or ADW under the life time band of possession a firearm upon a conviction pursuant to Penal Code 23515, the confinement periods range between 2, 3, or 5 years in State Prison. Remember the Lautenberg Act, the Federal weapons band on firearms preempts the State band is a lifetime band.

What is an example of a violation of California Penal Code 626.9?

1. Todd was walking home from a basketball game tournament in Venice Beach. He lives in Venice Beach. It was his day off on Friday Morning. The basketball game was for betting rights. The team won and enabled him to pocket a cool $1000. The game drew a crowd as a mixture of music artists, business executives, and tv personalities were playing on respective teams. As he was walking past an occupied high school, a security guard told him, “You suck at basketball”. Todd who his 6’5 noticed the security guard’s 5’4 frame and said to him, “Small time, please give me space and respect this bright day so I will not have to slap you with my steel.” Once the security guard heard the comment, he ran inside and retrieved an LAPD officer who ran after Todd and gave him a pat down. Once the LAPD Officer found the gun, and discovered it was loaded. Todd was handcuffed. The LAPD Officer ran Todd’s name and found out that Todd was on probation for a domestic violence charge, a misdemeanor 243(e)(1), but the terms of his probation allowed him to carry the weapon. The LAPD officer knew the private school was created by the Bush Foundation and received federal funding. Even though under California Law, Penal Code 243(e)(1) enables him to carry a weapon; the Federal Ban on all domestic violence acts under the Lautenberg Act preempted the State statute under the Supremacy Clause. The federal statute provided a lifetime band. The gun was confiscated, and Todd was arrested.

PC 626.9 – Defending

What are the defenses for a violation of California Penal Code 626.9?

1. Diminished Capacity.
2. Inaccurate measurements dedicating 1000 feet by arresting officers.
3. The area of the arrest was not a school zone.
4. Necessity-An ongoing fear of life and safety from others due to prior conflicts documented by court orders.
5. The gun was on private residential property.
6. The gun was a novelty.
7. The nature of the search or arrest was unlawful.

PC 626.9 – Hire a Lawyer

If you are charged with a violation of California Penal Code 626.9, call The Esfandi Law Group, APLC and seek retainment to provide solutions.

Call Us for a FREE Case Review: 310-274-6529