CCW: Difference between revisions

Latest revision as of 00:34, 14 April 2025

Sensitive places

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

Wolford v. Lopez (9th Cir. 2024) 116 F.4th 959

(a) A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or 26170 shall not carry a firearm on or into any of the following:

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.

PC626.9(b): (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.

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"

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.

Nothing in this paragraph shall prevent the operator of a childcare facility in a family home from owning or possessing a firearm in the home if no child under child care at the home is present in the home or the firearm in the home is unloaded, stored in a locked container, and stored separately from ammunition when a child under child care at the home is present in the home so long as the childcare provider notifies clients that there is a firearm in the home.

State government buildings

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

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.

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

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.

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?

Prisons and jails and juvenile halls

Was not part of Judge Cormac's preliminary injunction

PC26230(a)(6): A building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.

Hospitals and medical offices, but enjoined

Enjoined by Judge Cormac. Injunction upheld by 9th Circuit.

PC26230(a)(7) A building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided.

"In the California cases, the district court held that Plaintiffs are likely to succeed in their challenges to California Penal Code section 26230(a)(7), which prohibits carry in '[a] building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided.' We agree with the district court."

Public transit but enjoined

Enjoined by Judge Cormac. Injunction upheld by 9th Circuit.

PC26230(a)(8): A bus, train, or other form of transportation paid for in whole or in part with public funds, and a building, real property, or parking area under the control of a transportation authority supported in whole or in part with public funds.

"In the California cases, the district court held that Plaintiffs are likely to prevail on their challenge to California Penal Code section 26230(a)(8), which prohibits carry in '[a] bus, train, or other form of transportation paid for in whole or in part with public funds, and a building, real property, or parking area under the control of a transportation authority supported in whole or in part with public funds.' Unlike other parts of the law, section 26230(a)(8) contains no exceptions for carrying an unloaded and secured firearm. Because the ban is categorical, we agree with the district court that Plaintiffs are likely to succeed on this challenge."

Places that sell alcohol for drinking onsite

Enjoined by Judge Cormac, but injunction reversed by 9th Circuit.

PC26230(a)(9): A building, real property, and parking area under the control of a vendor or an establishment where intoxicating liquor is sold for consumption on the premises.

Bars and restaurants. Doesn't have to be primary business. "SB2 prohibits law-abiding, responsible, ordinary citizens from carrying a firearm for self-defense even to a small, uncrowded restaurant if that restaurant sells wine to drink at the table. This affects a person’s everyday life, not just their attendance at special events." (May v. Bonta (2023) 709 F.Supp.3d 940, 957.)

"Our conclusion that places that serve alcohol fall within the national historical tradition of prohibiting firearms at sensitive places comports with the only other circuit decision to have reached the issue. In Antonyuk, the Second Circuit held that the plaintiffs were unlikely to succeed in a challenge to New York’s law that prohibits firearms at places with a liquor license. [Citation.]"

"For all of those reasons, we hold that Plaintiffs are unlikely to succeed on their claims with respect to places that serve alcohol."

Public gatherings and special events but enjoined

Enjoined by Judge Cormac. Injunction upheld by 9th Circuit.

PC26230(a)(10): A public gathering or special event conducted on property open to the public that requires the issuance of a permit from a federal, state, or local government and sidewalk or street immediately adjacent to the public gathering or special event but is not more than 1,000 feet from the event or gathering, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access their residence, place of business, or vehicle.

"Defendant does not argue that there is a national tradition of banning firearms specifically at permitted public gatherings. Instead, Defendant argues that there is a national tradition of banning firearms at public gatherings in general and, because permitted gatherings are a subset of all public gatherings, the challenged provision falls within the tradition. We agree with the district court that Plaintiffs are likely to succeed."

Playgrounds and youth centers

Enjoined by Judge Cormac, but injunction reversed by 9th Circuit.

PC26230(a)(11): A playground or public or private youth center, as defined in Section 626.95, and a street or sidewalk immediately adjacent to the playground or youth center.

"In the California cases, the district court held that Plaintiffs are likely to succeed in their challenge to California Penal Code section 26230(a)(11), which prohibits carry in “[a] playground or public or private youth center, as defined in Section 626.95, and a street or sidewalk immediately adjacent to the playground or youth center. Except for the district court in this case, every court has rejected the argument that firearms must be allowed on playgrounds. Antonyuk v. Hochul, 639 F. Supp. 3d 232, 324 (N.D.N.Y. 2022) (unchallenged on appeal), aff’d in part, vacated in part, and remanded sub nom. Antonyuk v. Chiumento, 89 F.4th 271, 293; Koons, 673 F. Supp. 3d at 639; Siegel v. Platkin, 653 F. Supp. 3d 136, 152 (D.N.J. 2023); We the Patriots USA, Inc. v. Grisham, No. 1:23-cv00773-DHU-LF, 2023 WL 6377288, at *3 (D.N.M. Sept. 29, 2023). Those other decisions are persuasive. Playgrounds did not exist in modern form at the time of the Founding (or even at Reconstruction); playgrounds are found primarily at schools and parks; both categories of places qualify as “sensitive places” that have a historical tradition of firearm bans; by extension, there is a historical tradition of banning firearms at playgrounds. Plaintiffs do not present any separate argument concerning youth centers, which are akin to schools. In sum, Plaintiffs are unlikely to succeed on these claims. "

Parks and gyms

Enjoined by Judge Cormac, but injunction reversed by 9th Circuit.

PC26230(a)(12): A park, athletic area, or athletic facility that is open to the public and a street or sidewalk immediately adjacent to those areas, provided this prohibition shall not apply to a licensee who must walk through such a place in order to access their residence, place of business, or vehicle.

"Because many laws prohibited carrying firearms in parks, and the constitutionality of those laws was not in dispute, we agree with the Second Circuit and several districtcourts that the Nation’s historical tradition includes regulating firearms in parks. Antonyuk, 89 F.4th at 355–63; Kipke, 695 F. Supp. 3d at 654–55; Md. Shall Issue, 680 F. Supp. 3d at 585–88. Contra Koons v. Platkin, 673 F. Supp. 3d 515, 639–42 (D.N.J. 2023), appeal filed, No. 23-2043 (3d Cir. June 9, 2023); Springer v. Grisham, No. 1:23-cv-00781 KWR/LF, 2023 WL 8436312, at *5–*8 (D.N.M. Dec. 5, 2023), appeals filed, No. 23-2192 (10th Cir. Dec. 11, 2023) and No. 23-2194 (10th Cir. Dec. 15, 2023).

"In the California cases, in addition to holding that Plaintiffs are likely to succeed with respect to parks specifically, the district court reached the same conclusion as to three separate park-like areas: “athletic areas,” “athletic facilities,” and most real property “under the control of the Department of Parks and Recreation or Department of Fish and Wildlife.” May, 2023 WL 8946212, at *12–*13. We see no reason why the analysis with respect to parks does not apply equally to those places as well, and Plaintiffs have not argued on appeal that those places differ meaningfully from parks. We therefore hold that Plaintiffs are unlikely to succeed in their challenges with respect to athletic areas, athletic facilities, and real property controlled by the specified agencies."

Parks and Rec property and Fish and Wildlife property

Enjoined by Judge Cormac, but injunction reversed by 9th Circuit.

PC26230(a)(13) Real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife, except those areas designated for hunting pursuant to Section 5003.1 of the Public Resources Code, Section 4501 of Title 14 of the California Code of Regulations, or any other designated public hunting area, public shooting ground, or building where firearm possession is permitted by applicable law.

"Because many laws prohibited carrying firearms in parks, and the constitutionality of those laws was not in dispute, we agree with the Second Circuit and several districtcourts that the Nation’s historical tradition includes regulating firearms in parks. Antonyuk, 89 F.4th at 355–63; Kipke, 695 F. Supp. 3d at 654–55; Md. Shall Issue, 680 F. Supp. 3d at 585–88. Contra Koons v. Platkin, 673 F. Supp. 3d 515, 639–42 (D.N.J. 2023), appeal filed, No. 23-2043 (3d Cir. June 9, 2023); Springer v. Grisham, No. 1:23-cv-00781 KWR/LF, 2023 WL 8436312, at *5–*8 (D.N.M. Dec. 5, 2023), appeals filed, No. 23-2192 (10th Cir. Dec. 11, 2023) and No. 23-2194 (10th Cir. Dec. 15, 2023).

"In the California cases, in addition to holding that Plaintiffs are likely to succeed with respect to parks specifically, the district court reached the same conclusion as to three separate park-like areas: “athletic areas,” “athletic facilities,” and most real property “under the control of the Department of Parks and Recreation or Department of Fish and Wildlife.” May, 2023 WL 8946212, at *12–*13. We see no reason why the analysis with respect to parks does not apply equally to those places as well, and Plaintiffs have not argued on appeal that those places differ meaningfully from parks. We therefore hold that Plaintiffs are unlikely to succeed in their challenges with respect to athletic areas, athletic facilities, and real property controlled by the specified agencies."

College-owned grounds

Was not part of Judge Cormac's preliminary injunction

PC26230(a)(14): Any area under the control of a public or private community college, college, or university, including, but not limited to, buildings, classrooms, laboratories, medical clinics, hospitals, artistic venues, athletic fields or venues, entertainment venues, officially recognized university-related organization properties, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas.

Casinos

Enjoined by Judge Cormac but injunction reversed by 9th Circuit.

PC26230(a)(15): A building, real property, or parking area that is or would be used for gambling or gaming of any kind whatsoever, including, but not limited to, casinos, gambling establishments, gaming clubs, bingo operations, facilities licensed by the California Horse Racing Board, or a facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Stadiums and sports arenas

Enjoined by Judge Cormac but injunction reversed by 9th Circuit.

PC26230(a)(16) A stadium, arena, or the real property or parking area under the control of a stadium, arena, or a collegiate or professional sporting or eSporting event.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Public Libraries

Enjoined by Judge Cormac but injunction reversed by 9th Circuit.

PC26230(a)(17): A building, real property, or parking area under the control of a public library.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Airports and cruise piers

Not enjoined by Judge Cormac PC26230(a)(18): A building, real property, or parking area under the control of an airport or passenger vessel terminal, as those terms are defined in subdivision (a) of Section 171.5.

Amusement parks

Enjoined by Judge Cormac but injunction reversed by 9th Circuit.

PC26230(a)(19): A building, real property, or parking area under the control of an amusement park.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Zoos and museums

Enjoined by Judge Cormac but injunction reversed by 9th Circuit.

PC26230(a)(20) A building, real property, or parking area under the control of a zoo or museum.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Nuclear facilities

Not enjoined by Judge Cormac PC26230(a)(21) A street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission.

Places of worship but enjoined

Enjoined by Judge Cormac and upheld by 9th Circuit.

PC26230(a)(22) A church, synagogue, mosque, or other place of worship, including in any parking area immediately adjacent thereto, unless the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.

"In the California cases, the district court held that Plaintiffs are likely to succeed in challenging California Penal Code section 26230(a)(22), which prohibits the carry of firearms at places of worship. Although the issue is a close one, we agree with the district court’s conclusion in this regard."

Banks but enjoined

Enjoined by Judge Cormac and upheld by 9th Circuit.

PC26230(a)(23) A financial institution or parking area under the control of a financial institution.

"In both the Hawaii case and the California cases, the district courts held that Plaintiffs are likely to succeed in challenging the relevant provisions of state law that prohibit the carry of firearms in financial institutions such as banks: Hawaii Revised Statutes section 134-9.1(a)(12) and California Penal Code section 26230(a)(23). We agree with the district courts."

Police stations

Not enjoined by Judge Cormac PC26230(a)(24) A police, sheriff, or highway patrol station or parking area under control of a law enforcement agency.

Election sites

Not enjoined by Judge Cormac PC26230(a)(25) A polling place, voting center, precinct, or other area or location where votes are being cast or cast ballots are being returned or counted, or the streets or sidewalks immediately adjacent to any of these places.

Vampire rule but enjoined

Enjoined by Judge Cormac and upheld by 9th Circuit.

PC26230(a)(26) Any other privately owned commercial establishment that is open to the public, unless the operator of the establishment clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.

(27) Any other place or area prohibited by other provisions of state law.

(28) Any other place or area prohibited by federal law.

(29) Any other place or area prohibited by local law.

Parking lots

"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.

(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:

(1) Transport a concealed firearm or ammunition within a vehicle into or out of the parking area so long as the firearm is locked in a lock box.

(2) Store ammunition or a firearm within a locked lock box and out of plain view within the vehicle in the parking area. Nothing in this paragraph is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.

(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.

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.

(a)(14) is colleges.

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

Statewide Conditions on CCW

No consuming alcohol or controlled substances

PC26200(a)(1): Consume an alcoholic beverage or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code.

ADHD medication such as ritalin or alderall is a controlled substance.

No bars

PC26200(a)(2) Be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption.

No being under the influence

PC26200(a)(3): Be under the influence of any alcoholic beverage, medication, or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code.

Only carrying the firearms on license

PC26200(a)(4): Carry a firearm not listed on the license or a firearm for which they are not the recorded owner.

No pretending to be a police officer

PC26200(a)(5): Falsely represent to a person that the licensee is a peace officer.

PC538d is also the crime of impersonating peace officer.

CCW badge is just dumb.

Unjustified display of a deadly weapon

PC26200(a)(6): Engage in an unjustified display of a deadly weapon.

Not carrying license

PC26200(a)(7): Fail to carry the license on their person.

Impeding a police officer

PC26200(a)(8): Impede a peace officer in the conduct of their activities.

What about after a self-defense shooting?

Refusing to display license or firearm to peace officer

PC26200(a)(9): Refuse to display the license or to provide the firearm to a peace officer upon demand for purposes of inspecting the firearm.

Must obey all laws

PC26200(a)(10): Violate any federal, state, or local criminal law.

OBEY TRAFFIC LAWS!

Can only carry two firearms

PC26200(d): A licensee authorized to carry a firearm pursuant to this chapter shall not carry more than two firearms under the licensee’s control at one time.

Conditions imposed by licensing authority

PC26200(b) In addition to the restrictions and conditions listed in subdivision (a), a license issued pursuant to this chapter may also include any reasonable restrictions or conditions that the licensing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which a licensee may carry a pistol, revolver, or other firearm capable of being concealed upon the person.

PC26200(c) Any restrictions imposed pursuant to subdivision (b) shall be indicated on any license issued.

State or local public buildings or meetings under Penal Code section 171b

Penal Code 171(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.

(2) Any deadly weapon described in Section 17235 or in any provision listed in Section 16590.

(3) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands.

(4) Any unauthorized tear gas weapon.

(5) Any taser or stun gun as defined in Section 244.5.

(6) 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.

Penal Code 171(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.

Schools under Penal Code section 626.9

Sensitive places under Penal Code section 26230

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

Wolford v. Lopez (9th Cir. 2024)

(a) A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or 26170 shall not carry a firearm on or into any of the following:

K-12 school zones, schools and colleges

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

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(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

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.

Nothing in this paragraph shall prevent the operator of a childcare facility in a family home from owning or possessing a firearm in the home if no child under child care at the home is present in the home or the firearm in the home is unloaded, stored in a locked container, and stored separately from ammunition when a child under child care at the home is present in the home so long as the childcare provider notifies clients that there is a firearm in the home.

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.

Courthouses

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.

Local government buildings

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.

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?

Prisons and jails and juvenile halls

PC26230(a)(6): A building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.

Hospitals and medical offices, but enjoined

PC26230(a)(7) A building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided.

"In the California cases, the district court held that Plaintiffs are likely to succeed in their challenges to California Penal Code section 26230(a)(7), which prohibits carry in “[a] building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided.” We agree with the district court."

Public transit but enjoined

PC26230(a)(8): A bus, train, or other form of transportation paid for in whole or in part with public funds, and a building, real property, or parking area under the control of a transportation authority supported in whole or in part with public funds.

"In the California cases, the district court held that Plaintiffs are likely to prevail on their challenge to California Penal Code section 26230(a)(8), which prohibits carry in “[a] bus, train, or other form of transportation paid for in whole or in part with public funds, and a building, real property, or parking area under the control of a transportation authority supported in whole or in part with public funds.” Unlike other parts of the law, section 26230(a)(8) contains no exceptions for carrying an unloaded and secured firearm. Because the ban is categorical, we agree with the district court that Plaintiffs are likely to succeed on this challenge."

Anywhere alcohol is sold

PC26230(a)(9): A building, real property, and parking area under the control of a vendor or an establishment where intoxicating liquor is sold for consumption on the premises.

Bars and restaurants. Doesn't have to be primary business.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"Our conclusion that places that serve alcohol fall within the national historical tradition of prohibiting firearms at sensitive places comports with the only other circuit decision to have reached the issue. In Antonyuk, the Second Circuit held that the plaintiffs were unlikely to succeed in a challenge to New York’s law that prohibits firearms at places with a liquor license. 89 F.4th at 365–69"

"SB2 prohibits law-abiding, responsible, ordinary citizens from carrying a firearm for self-defense even to a small, uncrowded restaurant if that restaurant sells wine to drink at the table. This affects a person’s everyday life, not just their attendance at special events. "

Public gatherings and special events but enjoined

PC26230(a)(10): A public gathering or special event conducted on property open to the public that requires the issuance of a permit from a federal, state, or local government and sidewalk or street immediately adjacent to the public gathering or special event but is not more than 1,000 feet from the event or gathering, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access their residence, place of business, or vehicle.

"Defendant does not argue that there is a national tradition of banning firearms specifically at permitted public gatherings. Instead, Defendant argues that there is a national tradition of banning firearms at public gatherings in general and, because permitted gatherings are a subset of all public gatherings, the challenged provision falls within the tradition. We agree with the district court that Plaintiffs are likely to succeed."

Playgrounds and youth centers

PC26230(a)(11): A playground or public or private youth center, as defined in Section 626.95, and a street or sidewalk immediately adjacent to the playground or youth center.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"In the California cases, the district court held that Plaintiffs are likely to succeed in their challenge to California Penal Code section 26230(a)(11), which prohibits carry in “[a] playground or public or private youth center, as defined in Section 626.95, and a street or sidewalk immediately adjacent to the playground or youth center.” Except for the district court in this case, every court has rejected the argument that firearms must be allowed on playgrounds. Antonyuk v. Hochul, 639 F. Supp. 3d 232, 324 (N.D.N.Y. 2022) (unchallenged on appeal), aff’d in part, vacated in part, and remanded sub nom. Antonyuk v. Chiumento, 89 F.4th 271, 293; Koons, 673 F. Supp. 3d at 639; Siegel v. Platkin, 653 F. Supp. 3d 136, 152 (D.N.J. 2023); We the Patriots USA, Inc. v. Grisham, No. 1:23-cv00773-DHU-LF, 2023 WL 6377288, at *3 (D.N.M. Sept. 29, 2023). Those other decisions are persuasive."

Parks and gyms

PC26230(a)(12): A park, athletic area, or athletic facility that is open to the public and a street or sidewalk immediately adjacent to those areas, provided this prohibition shall not apply to a licensee who must walk through such a place in order to access their residence, place of business, or vehicle.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"Because many laws prohibited carrying firearms in parks, and the constitutionality of those laws was not in dispute, we agree with the Second Circuit and several district courts that the Nation’s historical tradition includes regulating firearms in parks. Antonyuk, 89 F.4th at 355–63; Kipke, 695 F. Supp. 3d at 654–55; Md. Shall Issue, 680 F. Supp. 3d at 585–88. Contra Koons v. Platkin, 673 F. Supp. 3d 515, 639–42 (D.N.J. 2023), appeal filed, No. 23-2043 (3d Cir. June 9, 2023); Springer v. Grisham, No. 1:23-cv-00781 KWR/LF, 2023 WL 8436312, at *5–*8 (D.N.M. Dec. 5, 2023), appeals filed, No. 23-2192 (10th Cir. Dec. 11, 2023) and No. 23-2194 (10th Cir. Dec. 15, 2023).

"In the California cases, in addition to holding that Plaintiffs are likely to succeed with respect to parks specifically, the district court reached the same conclusion as to three separate park-like areas: “athletic areas,” “athletic facilities,” and most real property “under the control of the Department of Parks and Recreation or Department of Fish and Wildlife.” May, 2023 WL 8946212, at *12–*13. We see no reason why the analysis with respect to parks does not apply equally to those places as well, and Plaintiffs have not argued on appeal that those places differ meaningfully from parks. We therefore hold that Plaintiffs are unlikely to succeed in their challenges with respect to athletic areas, athletic facilities, and real property controlled by the specified agencies."

Parks and Rec property and Fish and Wildlife property

PC26230(a)(13) Real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife, except those areas designated for hunting pursuant to Section 5003.1 of the Public Resources Code, Section 4501 of Title 14 of the California Code of Regulations, or any other designated public hunting area, public shooting ground, or building where firearm possession is permitted by applicable law.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"Because many laws prohibited carrying firearms in parks, and the constitutionality of those laws was not in dispute, we agree with the Second Circuit and several district courts that the Nation’s historical tradition includes regulating firearms in parks. Antonyuk, 89 F.4th at 355–63; Kipke, 695 F. Supp. 3d at 654–55; Md. Shall Issue, 680 F. Supp. 3d at 585–88. Contra Koons v. Platkin, 673 F. Supp. 3d 515, 639–42 (D.N.J. 2023), appeal filed, No. 23-2043 (3d Cir. June 9, 2023); Springer v. Grisham, No. 1:23-cv-00781 KWR/LF, 2023 WL 8436312, at *5–*8 (D.N.M. Dec. 5, 2023), appeals filed, No. 23-2192 (10th Cir. Dec. 11, 2023) and No. 23-2194 (10th Cir. Dec. 15, 2023).

"In the California cases, in addition to holding that Plaintiffs are likely to succeed with respect to parks specifically, the district court reached the same conclusion as to three separate park-like areas: “athletic areas,” “athletic facilities,” and most real property “under the control of the Department of Parks and Recreation or Department of Fish and Wildlife.” May, 2023 WL 8946212, at *12–*13. We see no reason why the analysis with respect to parks does not apply equally to those places as well, and Plaintiffs have not argued on appeal that those places differ meaningfully from parks. We therefore hold that Plaintiffs are unlikely to succeed in their challenges with respect to athletic areas, athletic facilities, and real property controlled by the specified agencies."

College-owned grounds

PC26230(a)(14): Any area under the control of a public or private community college, college, or university, including, but not limited to, buildings, classrooms, laboratories, medical clinics, hospitals, artistic venues, athletic fields or venues, entertainment venues, officially recognized university-related organization properties, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas.

Casinos

PC26230(a)(15): A building, real property, or parking area that is or would be used for gambling or gaming of any kind whatsoever, including, but not limited to, casinos, gambling establishments, gaming clubs, bingo operations, facilities licensed by the California Horse Racing Board, or a facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Stadiums and sports arenas

PC26230(a)(16) A stadium, arena, or the real property or parking area under the control of a stadium, arena, or a collegiate or professional sporting or eSporting event.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Public Libraries

PC26230(a)(17): A building, real property, or parking area under the control of a public library.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Airports and cruise piers

PC26230(a)(18): A building, real property, or parking area under the control of an airport or passenger vessel terminal, as those terms are defined in subdivision (a) of Section 171.5.

Amusement parks

PC26230(a)(19): A building, real property, or parking area under the control of an amusement park.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Zoos and museums

PC26230(a)(20) A building, real property, or parking area under the control of a zoo or museum.

Enjoined by preliminary injunction at trial court, but upheld by 9th Circuit.

"In sum, we hold that Plaintiffs are unlikely to prevail in challenging California’s law with respect to casinos, stadiums, amusement parks, zoos, museums, and libraries. "

Nuclear facilities

PC26230(a)(21) A street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission.

Places of worship but enjoined

PC26230(a)(22) A church, synagogue, mosque, or other place of worship, including in any parking area immediately adjacent thereto, unless the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.

"In the California cases, the district court held that Plaintiffs are likely to succeed in challenging California Penal Code section 26230(a)(22), which prohibits the carry of firearms at places of worship. Although the issue is a close one, we agree with the district court’s conclusion in this regard."

Banks but enjoined

PC26230(a)(23) A financial institution or parking area under the control of a financial institution.

"In both the Hawaii case and the California cases, the district courts held that Plaintiffs are likely to succeed in challenging the relevant provisions of state law that prohibit the carry of firearms in financial institutions such as banks: Hawaii Revised Statutes section 134-9.1(a)(12) and California Penal Code section 26230(a)(23). We agree with the district courts."

Police stations

PC26230(a)(24) A police, sheriff, or highway patrol station or parking area under control of a law enforcement agency.

Election sites

PC26230(a)(25) A polling place, voting center, precinct, or other area or location where votes are being cast or cast ballots are being returned or counted, or the streets or sidewalks immediately adjacent to any of these places.