CCW - Revision history

Sysop: /* Prohibited places */

2025-06-19T19:00:10Z

Prohibited places

← Older revision		Revision as of 19:00, 19 June 2025
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	:(e) Subdivision (b) shall not apply to, or affect, any person possessing an unloaded firearm being transported in accordance with Sections 1540.111(c)(2)(iii) and 1540.111(c)(2)(iv) of Title 49 of the Code of Federal Regulations, which require a hard-sided, locked container, so long as the person is not within any sterile area of an airport or a passenger vessel terminal.		:(e) Subdivision (b) shall not apply to, or affect, any person possessing an unloaded firearm being transported in accordance with Sections 1540.111(c)(2)(iii) and 1540.111(c)(2)(iv) of Title 49 of the Code of Federal Regulations, which require a hard-sided, locked container, so long as the person is not within any sterile area of an airport or a passenger vessel terminal.

			===Public transit facility===

			PC171.7

			:(a) For purposes of this section:

			::(1) “Public transit facility” means any land, building, or equipment, or any interest therein, including any station on a public transportation route, to which access is controlled in a manner consistent with the public transit authority’s security plan, whether or not the operation thereof produces revenue, that has as its primary purpose the operation of a public transit system or the providing of services to the passengers of a public transit system. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, light rail systems, rapid transit systems, subways, trains, or jitneys, that transport members of the public for hire.

			::(2) “Firearm” has the same meaning as specified in subdivisions (a) and (b) of Section 16520.

			:(b) It is unlawful for any person to knowingly possess any of the following in a public transit facility:

			::(1) Any firearm.

			::(2) Any imitation firearm as defined in Section 417.4.

			::(3) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.

	==Sensitive places under PC26230==		==Sensitive places under PC26230==

Sysop at 18:55, 19 June 2025

2025-06-19T18:55:30Z

← Older revision		Revision as of 18:55, 19 June 2025
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	==Sensitive places==		==Prohibited places==

			===State or local public building or public meeting===

			PC171b

			:(a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison:

			::(1) Any firearm.

			:(b): Subdivision (a) shall not apply to, or affect, any of the following:

			::(2)

			:::(A) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer.

			:::(B) Notwithstanding subparagraph (A), subdivision (a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if they are a party to an action pending before the court.

			::(3) A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who possesses the firearm within a building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, and is a justice, judge, or commissioner of the court.

			::(4) A person who has permission to possess that weapon granted in writing by a duly authorized official who is in charge of the security of the state or local government building.

			::(5) A person who lawfully resides in, lawfully owns, or is in lawful possession of, that building with respect to those portions of the building that are not owned or leased by the state or local government.

			:(c) As used in this section, “state or local public building” means a building that meets all of the following criteria:

			::(1) It is a building or part of a building owned or leased by the state or local government, if state or local public employees are regularly present for the purposes of performing their official duties. A state or local public building includes, but is not limited to, a building that contains a courtroom.

			::(2) It is not a building or facility, or a part thereof, that is referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this code, or in Section 18544 of the Elections Code.

			::(3) It is a building not regularly used, and not intended to be used, by state or local employees as a place of residence.

			===Airport and cruise ship terminal===

			PC171.5
			:(a): For purposes of this section:

			::(1) “Airport” means an airport, with a secured area, that regularly serves an air carrier holding a certificate issued by the United States Secretary of Transportation.

			::(2) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations.

			::(3) “Sterile area” means a portion of an airport defined in the airport security program to which access generally is controlled through the screening of persons and property, as specified in Section 1540.5 of Title 49 of the Code of Federal Regulations, or a portion of any passenger vessel terminal to which, pursuant to the requirements set forth in Sections 105.255 and 105.260(a) of Title 33 of the Code of Federal Regulations, access is generally controlled in a manner consistent with the passenger vessel terminal’s security plan and the maritime security level in effect at the time.

			:(b) It is unlawful for any person to knowingly possess any firearm in any building, real property, or parking area under the control of an airport, except as provided for in subdivision (b), (c), or (e) of Section 26230.

			:(c) It is unlawful for any person to knowingly possess, within any sterile area of an airport or a passenger vessel terminal, any of the following items:

			::(7) Any frame, receiver, barrel, or magazine of a firearm.

			:(e) Subdivision (b) shall not apply to, or affect, any person possessing an unloaded firearm being transported in accordance with Sections 1540.111(c)(2)(iii) and 1540.111(c)(2)(iv) of Title 49 of the Code of Federal Regulations, which require a hard-sided, locked container, so long as the person is not within any sterile area of an airport or a passenger vessel terminal.



			==Sensitive places under PC26230==

	Antonyuk v. Chiumento (2d Cir. 2023) 89 F.4th 271		Antonyuk v. Chiumento (2d Cir. 2023) 89 F.4th 271

Sysop: /* K-12 school zones, schools and colleges */

2025-04-14T00:34:44Z

K-12 school zones, schools and colleges

← Older revision		Revision as of 00:34, 14 April 2025
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	PC626.9(i): Notwithstanding Section 25605, 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, their designee, or equivalent university or college authority"		PC626.9(i): Notwithstanding Section 25605, 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, their designee, or equivalent university or college authority"

			PC626.9(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 (4) of subdivision (e), shall be punished as specified in subdivision (f).

			PC626.9(c): Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:

			PC626.9(c)(5): When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is within a distance of 1,000 feet from the grounds of the public or private school, but is not within any building, real property, or parking area under the control of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or on a street or sidewalk immediately adjacent to a building, real property, or parking area under the control of that public or private school. Nothing in this paragraph shall prohibit a person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 from carrying a firearm in accordance with that license as provided in subdivisions (b), (c), or (e) of Section 26230.

	===Preschools and child care facilities===		===Preschools and child care facilities===

Sysop at 00:30, 14 April 2025

2025-04-14T00:30:23Z

← Older revision		Revision as of 00:30, 14 April 2025
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	(27) The term “school” means a school which provides elementary or secondary education, as determined under State law.		(27) The term “school” means a school which provides elementary or secondary education, as determined under State law.

	===18 U.S. C. 922===		===18 U.S.C. 922===

	(q)		(q)

Sysop at 00:29, 14 April 2025

2025-04-14T00:29:49Z

← Older revision		Revision as of 00:29, 14 April 2025
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	(f) Nothing in this section shall prohibit the carrying of a firearm where it is otherwise expressly authorized by law.		(f) Nothing in this section shall prohibit the carrying of a firearm where it is otherwise expressly authorized by law.

			==School zones are defined by federal law==

			===18 U.S.C. 921===

			(26) 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.

			(27) The term “school” means a school which provides elementary or secondary education, as determined under State law.

			===18 U.S. C. 922===

			(q)
			:(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.

			:(3)
			::(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
			::(B) Subparagraph (A) does not apply to the discharge of a firearm--

			:::(i) on private property not part of school grounds;

			:::(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

			:::(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

			:::(iv) by a law enforcement officer acting in his or her official capacity.

			:(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

Sysop: /* Parking lots */

2025-04-14T00:20:48Z

Parking lots

← Older revision		Revision as of 00:20, 14 April 2025
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	"They are also PRELIMINARILY RESTRAINED AND ENJOINED from implementing or enforcing California Penal Code § 26230 as it pertains to parking areas."		"They are also PRELIMINARILY RESTRAINED AND ENJOINED from implementing or enforcing California Penal Code § 26230 as it pertains to parking areas."


			California Penal Code section 26230(a) prohibits concealed carry in many parking areas associated with the sensitive places listed in that section. See, e.g., Cal. Penal Code § 26230(a)(20) (prohibiting carry at any “building, real property, or parking area under the control of a zoo or museum”); id. § 26230(a)(24) (prohibiting carry at any “parking area under control of a law enforcement agency”). The district court held that Plaintiffs are likely to succeed in challenging the entire California Penal Code section 26230 as it pertains to all parking areas listed in that section. May, 709 F.Supp.3d at 966–68. The preliminary injunction therefore allows concealed carry in the parking areas at most listed places, even those not challenged by Plaintiffs. In other words, in addition to parking areas at most of the sensitive places discussed in this opinion, the injunction applies to parking areas at preschools, childcare facilities, government buildings, courthouses, jails, prisons, juvenile detention centers, schools, airports, nuclear power plants, and police stations. Cal. Penal Code § 26230(a)(2)–(6), (14), (18), (21), (24). We reject the district court's sweeping conclusion, and we hold that Plaintiffs are unlikely to succeed on this claim. (Wolford v. Lopez (9th Cir. 2024) 116 F.4th 959, 989.)

	(b) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee may transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box, as defined in subdivision (y) of Section 4082 and subdivision (b) of Section 4094 of Title 11 of the California Code of Regulations, and the lock box is a firearm safety device, as defined in Section 16540, that is listed on the department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. Nothing in this subdivision is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.		(b) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee may transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box, as defined in subdivision (y) of Section 4082 and subdivision (b) of Section 4094 of Title 11 of the California Code of Regulations, and the lock box is a firearm safety device, as defined in Section 16540, that is listed on the department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. Nothing in this subdivision is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.

			(a)(21) is nuclear energy facilities.

			(a)(28) is anywhere prohibited by federal law, such as school zones.

	(c) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subdivision (a) shall be allowed to:		(c) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subdivision (a) shall be allowed to:
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	(3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within a locked lock box in the vehicle’s trunk or other place inside the vehicle that is out of plain view.		(3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within a locked lock box in the vehicle’s trunk or other place inside the vehicle that is out of plain view.

			(d) For purposes of subdivision (c), a lock box is an item as defined in subdivision (b) of Section 4082 and subdivision (y) of Section 4094 of Title 11 of the California Code of Regulations, which is a firearm safety device, as defined in Section 16540, that is listed on the Department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655.

			Penal Code section 16540: "As used in this part, 'firearm safety device' means a device other than a gun safe that locks and is designed to prevent children and unauthorized users from firing a firearm. The device may be installed on a firearm, be incorporated into the design of the firearm, or prevent access to the firearm."

			Cal. Code Regs., tit. 11, § 4082, subd. (l): “FSD” means a device that locks and is designed to prevent children and unauthorized users from firing a firearm. The device may be installed on a firearm, be incorporated into the design of a firearm, or prevent access to the firearm.

	(d) ~~For purposes of subdivision~~ (c), ~~a lock box is an item as defined in subdivision~~ (b) ~~of Section 4082~~ and ~~subdivision (y~~) of ~~Section 4094 of Title 11 of the California Code of Regulations~~, ~~which is a firearm safety device~~, ~~as defined in Section 16540, that is listed on~~ the ~~Department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655~~.		Cal. Code Regs., tit. 11, § 4082, subd. (y): “Lock box” means an FSD that fully contains and encloses the firearm(s).

			Cal. Code Regs., tit. 11, § 4094, subd. (b): "Lock box style FSDs (devices that fully contain and enclose the firearm) must prevent removal of, and access to, the enclosed firearm."

	(e) Except in the places specified in paragraph (14) of subdivision (a), a licensee shall not be in violation of this section while they are traveling along a public right-of-way that touches or crosses any of the premises identified in subdivision (a) if the concealed firearm is carried on their person in accordance with the provisions of this act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. Nothing in this section allows a person to loiter or remain in a place longer than necessary to complete their travel.		(e) Except in the places specified in paragraph (14) of subdivision (a), a licensee shall not be in violation of this section while they are traveling along a public right-of-way that touches or crosses any of the premises identified in subdivision (a) if the concealed firearm is carried on their person in accordance with the provisions of this act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. Nothing in this section allows a person to loiter or remain in a place longer than necessary to complete their travel.

			(a)(14) is colleges.

	(f) Nothing in this section shall prohibit the carrying of a firearm where it is otherwise expressly authorized by law.		(f) Nothing in this section shall prohibit the carrying of a firearm where it is otherwise expressly authorized by law.

Sysop: /* Sensitive places */

2025-04-04T11:30:06Z

Sensitive places

Show changes

Sysop: /* Sensitive places */

2025-04-01T03:37:07Z

Sensitive places

← Older revision		Revision as of 03:37, 1 April 2025
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	===Preschools and child care facilities===		===Preschools and child care facilities===
			Was not part of Judge Cormac's preliminary injunction

	PC26230(a)(2) A building, real property, or parking area under the control of a preschool or childcare facility, including a room or portion of a building under the control of a preschool or childcare facility.		PC26230(a)(2) A building, real property, or parking area under the control of a preschool or childcare facility, including a room or portion of a building under the control of a preschool or childcare facility.

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	===State government buildings===		===State government buildings===
	PC26230(a)(3) A building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of the state government, except as allowed pursuant to paragraph (2) of subdivision (b) of Section 171c.		Was not part of Judge Cormac's preliminary injunction

			PC26230(a)(3): A building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of the state government, except as allowed pursuant to paragraph (2) of subdivision (b) of Section 171c.

			PC171c(b)(2): A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, and who has permission granted by the Chief Sergeants at Arms of the State Assembly and the State Senate to possess a concealed weapon upon the premises described in subdivision (a).

	===Courthouses===		===Courthouses===
			Was not part of Judge Cormac's preliminary injunction

	PC26230(a)(4): A building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, parking area under the control of the owner or operator of that building, or a building or portion of a building under the control of the Supreme Court, unless the person is a justice, judge, or commissioner of that court.		PC26230(a)(4): A building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, parking area under the control of the owner or operator of that building, or a building or portion of a building under the control of the Supreme Court, unless the person is a justice, judge, or commissioner of that court.

			PC171b(b)(3): (3) A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who possesses the firearm within a building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, and is a justice, judge, or commissioner of the court.

	===Local government buildings===		===Local government buildings===
			Was not part of Judge Cormac's preliminary injunction

	PC26230(a)(5): A building, parking area, or portion of a building under the control of a unit of local government, unless the firearm is being carried for purposes of training pursuant to Section 26165.		PC26230(a)(5): A building, parking area, or portion of a building under the control of a unit of local government, unless the firearm is being carried for purposes of training pursuant to Section 26165.

			PC171b(b)(4): A person who has permission to possess that weapon granted in writing by a duly authorized official who is in charge of the security of the state or local government building.

			PC171b(b)(5): A person who lawfully resides in, lawfully owns, or is in lawful possession of, that building with respect to those portions of the building that are not owned or leased by the state or local government.

			PC26230(a)(5) and PC171b(b)(4) conflict.

	Clearly city and county, since "local agencies" under Government Code is city and county. But what about special districts? Lots of electrical districts. IID? SMUD?		Clearly city and county, since "local agencies" under Government Code is city and county. But what about special districts? Lots of electrical districts. IID? SMUD?

Sysop: /* Sensitive places */

2025-04-01T03:29:45Z

Sensitive places

← Older revision		Revision as of 03:29, 1 April 2025
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	===K-12 school zones, schools and colleges===		===K-12 school zones, schools and colleges===
			Was not part of Judge Cormac's preliminary injunction.

	PC26230(a)(1): A place prohibited by Section 626.9.		PC26230(a)(1): A place prohibited by Section 626.9.

Sysop: /* K-12 school zones, schools and colleges */

2025-04-01T03:23:03Z

K-12 school zones, schools and colleges

← Older revision		Revision as of 03:23, 1 April 2025
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	PC626.9(e)(4): “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.		PC626.9(e)(4): “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.

			PC626.9(h): Notwithstanding Section 25605, 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, their designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 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.

	PC626.9(i): Notwithstanding Section 25605, 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, their designee, or equivalent university or college authority"		PC626.9(i): Notwithstanding Section 25605, 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, their designee, or equivalent university or college authority"