Highlights
You may not:
Handguns must be transported unloaded, in a locked case, through a school zone.
Licensees are no longer allowed to carry on K-12 school property, even with permission.
Federal law does not grant an exemption to CCW licenses recognized through reciprocity.
Areas where you may legally openly carry may be within a school zone.
- Bring a firearm on to school/college/university property, even with a license to carry; or
- Bring ammunition onto school property unless it is in a locked container;
- Openly carry a handgun within 1,000 feet of a K-12 school.
Handguns must be transported unloaded, in a locked case, through a school zone.
Licensees are no longer allowed to carry on K-12 school property, even with permission.
Federal law does not grant an exemption to CCW licenses recognized through reciprocity.
Areas where you may legally openly carry may be within a school zone.
Federal Law
18 USC § 921(a)(25) The term “school zone” means--
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
18 USC § 922(q) (1)[omitted; purpose]
(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) [state laws allowed; omitted]
Note: (2)(B)(ii) requires that the license to carry be issued by the state (or local authorities) that the school is in; thus, a license recognized by reciprocity would not satisfy the federal requirement, although a non-resident license issued in state would. The ATF has confirmed this.
However, California does not recognize any out-of-state CCW permits. This would apply to Californians traveling. For example, while Utah recognizes all permits across the country, one would need a Utah non-resident permit to qualify for the federal exemption.
If you are traveling out-of-state, the restriction applies to unlicensed open carry as well. However, few states have their own gun-free school zone acts as California does and generally, lawful open carry done innocently is ignored by law enforcement. We are unaware of any person legally allowed to posses a firearm not already involved in other criminal activity who was arrested for legal open carry in a school zone.
This law dates from 1990 when carrying a firearm, even legally, was still rare and unlicensed defensive open carry even more so. The reasoning behind the law was to provide federal resources and prosecution to deter gang and drug crimes from occurring on or near schools, not to target legal carriers. Also see US v. Lopez (514 U.S. 549) for more history behind the law.
Note: that the California law differs from federal law.
However, California does not recognize any out-of-state CCW permits. This would apply to Californians traveling. For example, while Utah recognizes all permits across the country, one would need a Utah non-resident permit to qualify for the federal exemption.
If you are traveling out-of-state, the restriction applies to unlicensed open carry as well. However, few states have their own gun-free school zone acts as California does and generally, lawful open carry done innocently is ignored by law enforcement. We are unaware of any person legally allowed to posses a firearm not already involved in other criminal activity who was arrested for legal open carry in a school zone.
This law dates from 1990 when carrying a firearm, even legally, was still rare and unlicensed defensive open carry even more so. The reasoning behind the law was to provide federal resources and prosecution to deter gang and drug crimes from occurring on or near schools, not to target legal carriers. Also see US v. Lopez (514 U.S. 549) for more history behind the law.
Note: that the California law differs from federal law.
State Law
California Gun-Free School-Zone Act
California Gun-Free School-Zone Act
626.9. (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (4) of subdivision (e), shall be punished as specified in subdivision (f).
(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful.
(2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law.
(3) When the person possessing the firearm reasonably believes that person is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This section may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense.
(4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645 [firearms in commerce].
(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 not in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, but within a distance of 1,000 feet from the grounds of the public or private school.
(d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone, as defined in paragraph (4) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e) As used in this section, the following definitions shall apply:
(1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610.
(2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520.
(3) “Locked container” has the same meaning as that term is given in Section 16850.
(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.
(f) [punishment; omitted]
(g) [punishment; omitted]
(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, his or her 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. […]
(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, his or her designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. […]
(j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(k) This section does not require that notice be posted regarding the proscribed conduct.
(l) [peace officers; omitted]
(m) [security guards; omitted]
(n) This section does not apply to an existing shooting range at a public or private school or university or college campus.
[(o), (p), peace officers; omitted]
(q) (1) This section does not apply to the activities of a program involving shooting sports or activities, including, but not limited to, trap shooting, skeet shooting, sporting clays, and pistol shooting, that are sanctioned by a school, school district, college, university, or other governing body of the institution, that occur on the grounds of a public or private school or university or college campus.
(2) This section does not apply to the activities of a state-certified hunter education program pursuant to Section 3051 of the Fish and Game Code if all firearms are unloaded and participants do not possess live ammunition in a school building.
Discussion
This does not apply at your home, business, or private property (if you live/work within 1,000 feet of a school) if any of the other exemptions to carrying a firearm there apply.
You may also legally transport a handgun through a school zone (from place where it's legal to possess to another legal place) as long as the handgun is in a locked container.
Licensees can carry in a school zone for any reason (example: going for a walk) as long as they do not carry on campus.
In 2017, the law changed to prohibit licensed civilians (not retired peace officers) from carrying firearms on campuses. Now, licensees may only carry firearms in the 1,000 zone, but not actually on campus. Prior to SB 707 being signed in 2016 by Gov. Brown, licensees could carry concealed legally on school grounds.
Following that, it came to the attention of hoplopaths that some school districts in conservative areas were giving permission to teachers and staff to carry firearms. In 2017, AB 424 was passed and removed the discretion for schools to grant written permission. College and university officials seem to still have this discretionary power, though it is unlikely anyone would receive such permission from a public facility.
Colleges and universities are slightly more permissive, theoretically allowing a resident to store their firearm in their dwelling, though students keeping their guns in their dorm room might result in an interesting situation and case law. There is a distinction between loaded and unloaded firearms, but it is a small one since the crime is still a felony.
(h) applies to loaded firearms and the penalties are higher by a year
(i) applies to, unloaded firearms and the penalties are lesser than (h) by a year
This section does not apply when used in connection with an established shooting range or program or state-certified hunter education program.
Playgrounds, parks, and youth centers
This does not apply at your home, business, or private property (if you live/work within 1,000 feet of a school) if any of the other exemptions to carrying a firearm there apply.
You may also legally transport a handgun through a school zone (from place where it's legal to possess to another legal place) as long as the handgun is in a locked container.
Licensees can carry in a school zone for any reason (example: going for a walk) as long as they do not carry on campus.
In 2017, the law changed to prohibit licensed civilians (not retired peace officers) from carrying firearms on campuses. Now, licensees may only carry firearms in the 1,000 zone, but not actually on campus. Prior to SB 707 being signed in 2016 by Gov. Brown, licensees could carry concealed legally on school grounds.
Following that, it came to the attention of hoplopaths that some school districts in conservative areas were giving permission to teachers and staff to carry firearms. In 2017, AB 424 was passed and removed the discretion for schools to grant written permission. College and university officials seem to still have this discretionary power, though it is unlikely anyone would receive such permission from a public facility.
Colleges and universities are slightly more permissive, theoretically allowing a resident to store their firearm in their dwelling, though students keeping their guns in their dorm room might result in an interesting situation and case law. There is a distinction between loaded and unloaded firearms, but it is a small one since the crime is still a felony.
(h) applies to loaded firearms and the penalties are higher by a year
(i) applies to, unloaded firearms and the penalties are lesser than (h) by a year
This section does not apply when used in connection with an established shooting range or program or state-certified hunter education program.
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
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.
Unloaded handguns
Unloaded handguns
26370. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.
26350. (a) (1) A person is guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(2) A person is guilty of openly carrying an unloaded handgun when that person carries an exposed and unloaded handgun inside or on a vehicle, whether or not on his or her person, while in or on any of the following:
(A) A public place or public street in an incorporated city or city and county.
(B) A public street in a prohibited area of an unincorporated area of a county or city and county.
(C) A public place in a prohibited area of a county or city and county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
Unloaded long-guns “unloaded firearm that is not a handgun”
26400. (b)(2)(n) Within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.
26400. (a) A person is guilty of carrying an unloaded firearm that is not a handgun [long gun] when that person carries upon his or her person an unloaded firearm that is not a handgun outside a vehicle while in any of the following areas:
(1) An incorporated city or city and county.
(2) A public place or a public street in a prohibited area of an unincorporated area of a county.
(b) (1) Except as specified in paragraph (2), a violation of this section is a misdemeanor.
Ammo in school zones
30310. (a) Unless it is with the written permission of the school district superintendent, the superintendent’s designee, or equivalent school authority, no person shall carry ammunition or reloaded ammunition onto school grounds, except sworn law enforcement officers acting within the scope of their duties.
(b) This section shall not apply to any of the following:
[(1)-(9) omitted; various exemptions not applicable to armed citizens]
(10) (A) A person carrying ammunition or reloaded ammunition onto school grounds that is in a motor vehicle at all times and is within a locked container or within the locked trunk of the vehicle.
(B) For purposes of this paragraph, the term “locked container” has the same meaning as set forth in Section 16850.
(c) [punishment; omitted]
26370. Section 26350 does not apply to, or affect, the open carrying of an unloaded handgun within a school zone, as defined in Section 626.9, if that carrying is not prohibited by Section 626.9.
What if school isn’t in session?
There is no exception provided for school being out of session.
What if my church/business shares the building/land of the school.
626.9 (c)(1) exempts “private property is not part of the school grounds.” As long as you are in the part that isn’t part of the school, you are exempt, however, this would tend to refer to licensees. Those without a license to carry may be on uncertain legal footing. See this CRPA bulletin.
What if I don’t know a school is there?
Too bad. A man carrying openly unloaded (when it was legal) in Los Angeles was arrested and convicted of a felony for openly carrying at a laundromat within 1,000 feet of a school that wasn’t even visible from the laundromat.
There is no exception provided for school being out of session.
What if my church/business shares the building/land of the school.
626.9 (c)(1) exempts “private property is not part of the school grounds.” As long as you are in the part that isn’t part of the school, you are exempt, however, this would tend to refer to licensees. Those without a license to carry may be on uncertain legal footing. See this CRPA bulletin.
What if I don’t know a school is there?
Too bad. A man carrying openly unloaded (when it was legal) in Los Angeles was arrested and convicted of a felony for openly carrying at a laundromat within 1,000 feet of a school that wasn’t even visible from the laundromat.