Note: this section does not cover federal facilities, only state/local buildings; it does not cover schools.
YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY. GUN FREE ZONES WITHOUT SERIOUS SECURITY SCREENING ARE WORTHLESS. LAWS AND SIGNS CANNOT PROTECT YOU. YOU MAY CHOOSE TO CARRY ANYWAY, BUT YOU DO AT YOUR OWN (LEGAL) RISK.
Highlights
- Licensees are bound by the terms of their licenses, which may include a condition banning carry in public buildings.
- You cannot carry firearms in any state or local public building without a license to carry.
- You cannot carry at a public meeting, whether at a public building or not.
- Licensees may carry in public buildings, except a courtroom when they are a party before the court.
- Gun show attendees are exempt from this restriction if selling/trading/exhibiting.
- You cannot carry into the State Capitol or on the capitol grounds.
- You cannot have a firearm at, or within 100 feet, of a polling place.
- Schools, universities, parks, and playgrounds have different restrictions (see school zone section).
But I have a license to carry!
California has poor state preemption of local firearm laws. The exempt for licensees under 171b to carry in public buildings only goes as far as another law prohibiting firearms comes up. The law prohibiting firearms in a jail supersedes 171b(b)(3), which only applies if there is no other law in place. Also, because California has such weak preemption, there is no real recourse for someone to challenge local carry ordinances/building bans.
California has poor state preemption of local firearm laws. The exempt for licensees under 171b to carry in public buildings only goes as far as another law prohibiting firearms comes up. The law prohibiting firearms in a jail supersedes 171b(b)(3), which only applies if there is no other law in place. Also, because California has such weak preemption, there is no real recourse for someone to challenge local carry ordinances/building bans.
Firearms banned in public buildings, generally
171b. (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)-(6) omitted; basically any weapon, lethal or not]
(b) Subdivision (a) shall not apply to, or affect, any of the following:
(1) [evidence permitted, omitted]
(2) (A) [peace officers, omitted]
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if he or she is 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.
(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.
(6) [security and private investigators, omitted]
(7) (A) A person who, for the purpose of sale or trade, brings any weapon that may otherwise be lawfully transferred, into a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6 of Title 4 of Part 6.
(B) A person who, for purposes of an authorized public exhibition, brings any weapon that may otherwise be lawfully possessed, into a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6 of Title 4 of Part 6.
(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.
Firearms are not permitted in any state or local building (without permission), unless you live there or are attending a gun show. Those who have a license to carry are exempt, except in courtrooms unless the licensee is a party to an action pending before the court.
Courthouse/courtroom
Licensees are exempt, unless the licensee is a party to an action pending before the court. The statute doesn’t specify if the matter is being heard before the court at that time or if there simply is a case or charges currently filed. As far as the whole building vs. the courtroom itself, in practice it is extended to the whole building.
However, most courthouses prohibit licensees from carrying, this section notwithstanding. Any licensees attempting to carry in a courthouse should expect to have a lively debate with the deputy sheriffs/marshals.
Capitol and special Capitol Complex offices
Courthouse/courtroom
Licensees are exempt, unless the licensee is a party to an action pending before the court. The statute doesn’t specify if the matter is being heard before the court at that time or if there simply is a case or charges currently filed. As far as the whole building vs. the courtroom itself, in practice it is extended to the whole building.
However, most courthouses prohibit licensees from carrying, this section notwithstanding. Any licensees attempting to carry in a courthouse should expect to have a lively debate with the deputy sheriffs/marshals.
Capitol and special Capitol Complex offices
171c. (a) (1) Any person who brings a loaded firearm into, or possesses a loaded firearm within, the State Capitol, any legislative office, any office of the Governor or other constitutional officer, or any hearing room in which any committee of the Senate or Assembly is conducting a hearing, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, shall be punished by imprisonment in a county jail for a period of not more than one year, a fine of not more than one thousand dollars ($1,000), or both such imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170.
(2) Any person who brings or possesses, within the State Capitol, any legislative office, any hearing room in which any committee of the Senate or Assembly is conducting a hearing, the Legislative Office Building at 1020 N Street in the City of Sacramento, or upon the grounds of the State Capitol, which is bounded by 10th, L, 15th, and N Streets in the City of Sacramento, any of the following, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the area is posted with a statement providing reasonable notice that prosecution may result from possession of any of these items:
(A) Any firearm.
[(B)-(H) omitted; basically any weapon, lethal or not]
(b) Subdivision (a) shall not apply to, or affect, any of the following:
(1) [peace officers; omitted]
(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).
(3) A person who has permission granted by the Chief Sergeants at Arms of the State Assembly and the State Senate to possess a weapon upon the premises described in subdivision (a).
(c) [penalties, omitted]
Note: firearms are not permitted on the grounds of the Capitol, not just in the building. Licensed carriers are highly unlikely to gain permission; this exemption is intended only for Legislators and powerful state officers/staffers, not the average person. This bill dates from the Mulford Act is a direct result of the 1967 Black Panther protest.
Governor’s mansion/legislators’ residence
Governor’s mansion/legislators’ residence
171d. Any person, except [a peace officer, on duty; omitted], 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, [family members and various people invited by the Governor, which the average citizen is not; omitted], [punishment; omitted] if he or she does any of the following:
(a) Brings a loaded firearm into, or possesses a loaded firearm within, the Governor’s Mansion, or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature.
(b) Brings a loaded firearm upon, or possesses a loaded firearm upon, the grounds of the Governor’s Mansion or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature.
Note: while CCW permit holders are exempt, they are not likely to be invited into the Governor’s office or residence, although they might tour the unoccupied official mansion. Also much of the people who are exempt (family, visitors, workers) specifically allowed in, which the armed public is not likely to be amongst, was removed from the quoted statute for clarity.
Polling places
Polling places
omitted] who is stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate city or county elections official is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(b) This section shall not apply to any of the following:
(1) An unarmed uniformed guard or security personnel who is at the polling place to cast his or her vote.
[(2)-(4) omitted as not applicable to private citizens]
18546. As used in this article: (b) “Immediate vicinity” means the area within a distance of 100 feet from the room or rooms in which the voters are signing the roster and casting ballots.
Note there is no exception for a licensed individual.
State Hospitals
State Hospitals
(b) All persons entering the secured area are subject to searches of their person, including but not limited to metal detectors, wand searches, K-9, X-ray, cell phone detecting devices, devices to detect controlled substances, and pat-down searches.
(d) Contraband considered illegal pursuant to Penal Code provisions shall be confiscated. Persons with contraband specific to DSH or the hospital shall be instructed to return the item to the car or officers may agree to hold the item for person to retrieve when exiting the secured facility.
(e) Persons refusing searches are not permitted within the secured facility.
Juvenile justice facilities
To enforce conformity with the rules governing contraband the superintendent shall:
(d) Prohibit the entrance of contraband including weapons, firearms or explosives into the security area unless there is an extreme emergency.
Playgrounds, parks, and youth centers
626.95. (a) Any person who is in violation of paragraph (2) of subdivision (a), or subdivision (b), of Section 417, or Section 25400 or 25850, upon the grounds of or within a playground, or a public or private youth center during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility, knowing that he or she is on or within those grounds, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years, or in a county jail not exceeding one year.
(b) State and local authorities are encouraged to cause signs to be posted around playgrounds and youth centers giving warning of prohibition of the possession of firearms upon the grounds of or within playgrounds or youth centers.
(c) For purposes of this section, the following definitions shall apply:
(1) “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, including public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city or county parks.
(2) “Youth center” means any public or private facility that is used to host recreational or social activities for minors while minors are present.
(d) [omitted]
Note: concealed or loaded firearms, if not otherwise specifically exempted by the concealed carry and loaded firearm exemptions, are illegal at youth centers, playgrounds, or parks with sports fields/courts, unless you have a license to carry. Parks without play equipment or fields do not seem to fall into the definition of “playground.”
Local ordinances/regulations banning firearms in parks by licensees may preempted for licensees by Government Code Section 53071, which reserves for the state the “whole field of regulation of the […] licensing of commercially manufactured firearms.”
Local ordinances/regulations banning firearms in parks by licensees may preempted for licensees by Government Code Section 53071, which reserves for the state the “whole field of regulation of the […] licensing of commercially manufactured firearms.”
If the preemption doctrine means anything, it means that a local entity may not pass an ordinance, the effect of which is to completely frustrate a broad, evolutional statutory regime enacted by the Legislature. (Fiscal v. San Francisco, p. 14)
The Fiscal case dealt with Prop H in San Francisco which dealt with owning, buying, and selling handguns, not directly with carrying in parks or other local regulations. Calguns Foundation states:
A case making the above arguments, filed in 2011, Ulysses S. Grant Early IV vs. County Of San Mateo (Case number 509185), was dismissed in 2012. Dismissal was affirmed on appeal, July 2013.
While further definitive case law would be needed, under the theory advanced by the court, since the State regulates who can carry a firearm at parks and playgrounds local ordinances would be preempted. Licensees regardless are well advised to carefully carry concealed at their own risk.
Cal Expo properties (State Fair)
Cal Expo properties (State Fair)
14 CCR § 4955
No person shall carry or transport, in any manner, dangerous weapons or articles in or upon the buildings or grounds of Cal Expo. Such weapons or articles shall include, but not be limited to, any instrument commonly known as a blackjack, sling shot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, a pistol, revolver, or any other firearm, any knife having a blade longer than four inches, any razor with an unguarded blade and any metal pipe or bar, and any substance which can be exploded or burned in a manner which might produce bodily injury or damage to Cal Expo properties. The prohibitions of this section do not apply to persons carrying or transporting such items in connection with their duties as State employees or to persons conducting any other legitimate business, or service on Cal Expo premises.
No person shall carry or transport, in any manner, dangerous weapons or articles in or upon the buildings or grounds of Cal Expo. Such weapons or articles shall include, but not be limited to, any instrument commonly known as a blackjack, sling shot, billy, sandclub, sandbag, metal knuckles, any dirk, dagger, a pistol, revolver, or any other firearm, any knife having a blade longer than four inches, any razor with an unguarded blade and any metal pipe or bar, and any substance which can be exploded or burned in a manner which might produce bodily injury or damage to Cal Expo properties. The prohibitions of this section do not apply to persons carrying or transporting such items in connection with their duties as State employees or to persons conducting any other legitimate business, or service on Cal Expo premises.
License to Carry conditions
Licensees are bound by the terms of their licenses, which may include a condition banning carry in public buildings. Sacramento County Sheriff selected conditions for example:
Failure of the permit holder to adhere to these restrictions will result in the revocation of the concealed weapons permit. (source)
- No permitted weapon is allowed where weapons are prohibited by law.
- No permitted weapon is allowed at locations where a sign is posted prohibiting weapons.
No guns signs on public buildings
171b(b)(3) provides an exemption for licensed individuals. Unless another specific restriction applies (jails, capitol grounds, etc.) you may legally carry there. This includes the DMV, city hall, the county government center, library, etc. If the public building is posted “no guns,” and there is no specific other ban that wipes out the 171b exemption for licensees, you can carry past the sign.
Local courthouses and some government buildings will push their own regulations and there is little recourse for citizens. Weak preemption means no legal relief in court.
The reality is that concealed means concealed and probably no one will ever notice or know. Metal detectors would obvious reveal your firearm and an interesting conversation will likely ensue. Many public buildings (like courthouses) with enhanced security will not let you carry a firearm, 171b notwithstanding.
Because California has weak preemption laws and a totally hostile attitude towards carrying firearms, at a minimum you most likely will be refused entry. Legal or not, expect an adverse reaction and consequences. This may go beyond refused entry; you may be disarmed or even arrested.
It is recommended that one not carry at public buildings with metal detectors and other detection equipment unless you want to be a test case. And even you do want to become a test case, be prepared to lose under Heller’s “sensitive place” doctrine or if successful, be the impetus for a new law. Remember what happened when the Black Panthers pushed the issue.
Local courthouses and some government buildings will push their own regulations and there is little recourse for citizens. Weak preemption means no legal relief in court.
The reality is that concealed means concealed and probably no one will ever notice or know. Metal detectors would obvious reveal your firearm and an interesting conversation will likely ensue. Many public buildings (like courthouses) with enhanced security will not let you carry a firearm, 171b notwithstanding.
Because California has weak preemption laws and a totally hostile attitude towards carrying firearms, at a minimum you most likely will be refused entry. Legal or not, expect an adverse reaction and consequences. This may go beyond refused entry; you may be disarmed or even arrested.
It is recommended that one not carry at public buildings with metal detectors and other detection equipment unless you want to be a test case. And even you do want to become a test case, be prepared to lose under Heller’s “sensitive place” doctrine or if successful, be the impetus for a new law. Remember what happened when the Black Panthers pushed the issue.