Gun Control & RKBA
In reply to the discussion: This message was self-deleted by its author [View all]apocalypsehow
(12,751 posts)for most of the coming week thanks to events that have just come up, and do not want to be seen as "post and run." Plus, an unattended OP is grounds for all sorts of dishonest mischief by the usual suspect.
Text of OP that stood un-refuted at time of self-deletion:
Shade tree legal advice notwithstanding, carrying a gun on a CA campus will get you arrested*
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Save under very limited circumstances, you cannot strut around a California college campus with your pistol perched in your pants, period. Indeed, you can be subjected to criminal sanctions for doing so, not just civil administrative remedies.
Here is what an actual law firm made up of actual lawyers - not internet free-lancers - has to say about carrying a concealed weapon on a California college campus even if you have a California concealed weapon permit:
"Exceptions to the California Gun-Free School Zone Act
(*snip*)
specific persons who are authorized to carry concealed weapons such as those engaged in the business of selling, manufacturing, etc. firearms and those who are guards, carriers, or messengers for banks or other financial institutions.14 (NOTE: Having a California "carry a concealed weapon CCW permit under Penal Code 12050 PC does not exempt you from prosecution if you carry a concealed weapon in a school zone),15
Further:
"15 Penal Code 626.9(c)(4) above specifically excludes persons under Penal Code 12027 subdivisions b,d,e, and h from prosecution under this law. Penal Code 12027(j) deals with persons who hold CCW permits. Because subdivision "j" isn't specifically listed as an exception under Penal Code 626.9, those who carry concealed weapons in a school zone
even with a valid permit
still violate the Gun-Free School Zone Act.
And here's what can happen if you decide to take Shade Tree legal advice being peddled on the internet and get caught strutting about campus with your favorite heater tucked into your waistband:
"possessing a firearm on school grounds or on a university or college campus or their associated buildings is always a felony.20 (NOTE: Although colleges and universities are beyond the scope of the definition of a "school zone", possessing a gun on these campuses still subjects you to prosecution under California's Gun-Free School Zone Act.)
And even if you wave around your "concealed weapon permit" (assuming you can get one: California is a "may issue" state, and very few are granted in urban/populated areas), it'll likely do you little good, as the law is not on your side.
Further:
" However, if you possess a firearm within a school zone under a different set of circumstances from the three just listed, prosecutors could charge you with violating California's Gun-Free School Zone Act as either a misdemeanor or a felony"
It's not on your side under any number of circumstances.
See also:
""
h) Notwithstanding Section 12026, 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 in the state prison 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. (i) Notwithstanding Section 12026, 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 in the state prison for one, two, or three 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."
"
So much for all that jazz about how "even if you get caught they can't put you in jail, just fire or expel you from campus": uh, yes they can.
So my advice is that the next time you find yourself itching to test out your "RKBA" rights, you choose a different venue than a California college/university campus, especially if you're only doing so on the advice of some anonymous Shade Tree lawyer on the internet: if caught, you could get into A LOT of trouble, and wind up in jail. And I don't think the "but the DU Gungeon said it was okay" defense will fly once you get before a jury.
*Link here: http://www.shouselaw.com/gun-free-school.html
Thanks for all who replied?