Penal Code 626.9 PC – California’s Gun-Free School Zone Act

For firearm owners in California, knowing where you can legally carry a weapon is critical to avoiding serious criminal charges. The state has some of the strictest gun laws in the country, including Penal Code 626.9 PC, known as the Gun-Free School Zone Act. This law makes it illegal to possess, carry, or discharge a firearm within 1,000 feet of a public or private K-12 school, regardless of whether the gun is loaded or unloaded. Enacted to prevent gun violence on school grounds, this law imposes severe penalties, including felony charges, years in state prison, and permanent firearm bans. Many gun owners unknowingly violate this law simply by driving through a school zone with a firearm in their vehicle, unaware of their legal obligations.

Even if you never intended harm, prosecutors aggressively enforce PC 626.9, and law enforcement officers do not need to prove criminal intent to charge you. Additionally, violations of this law can lead to enhanced penalties if the firearm was discharged or if the defendant has prior gun-related offenses. However, certain individuals, including law enforcement officers, security personnel, and concealed carry permit (CCW) holders under limited circumstances, may be exempt from prosecution. If you legally transport a firearm in a locked container or secured in your vehicle’s trunk, you may also avoid criminal liability—but a single mistake in compliance can still result in charges.

If you’re facing gun-related charges in a school zone, an experienced Los Angeles criminal defense attorney can protect your rights and fight to reduce or dismiss the penalties.

What Counts as a Violation of PC 626.9?

Penal Code 626.9 PC makes it a crime to possess or carry a firearm within 1,000 feet of a public or private K-12 school, unless a specific legal exception applies. This law applies to both loaded and unloaded firearms and includes weapons carried on a person or stored in a vehicle.

Definition of a School Zone

Under PC 626.9, a school zone is defined as:

• Any public or private elementary, middle, or high school campus
• Any area within 1,000 feet of school grounds

This law does not apply to colleges or universities, though firearm possession on those campuses is restricted under separate laws.

How Prosecutors Prove a PC 626.9 Violation

To secure a conviction for violating the Gun-Free School Zone Act, the prosecution must establish each of the following elements beyond a reasonable doubt:

• The firearm was in your possession or control
• You were within a designated school zone
• You knew or should have reasonably known that you were in a school zone

However, this law does not apply if the firearm was legally possessed under certain conditions, such as:

• Being inside a private residence, business, or property that is not considered part of the school grounds
• Transporting an unloaded, concealable firearm in a locked container or secured in the locked trunk of a vehicle

If these exceptions apply, a criminal defense attorney may be able to challenge the charges and argue for dismissal.

Penalties for Carrying a Firearm in a School Zone –  Penal Code 626.9 PC

If convicted of violating Penal Code 626.9 PC, the penalties will depend on the circumstances of the offense and the defendant’s criminal history. The charge may be filed as a felony or a misdemeanor, with more severe consequences for those with prior convictions or if the firearm was discharged.

Felony Charges

A conviction for felony possession of a firearm in a school zone carries the following penalties:

• Two, three, or five years in state prison
• Permanent loss of firearm rights
• Additional sentencing enhancements if the firearm was discharged

Misdemeanor Charges

If charged as a misdemeanor, the penalties may include:

• Up to one year in county jail
• A fine of up to $1,000
• Possible probation instead of jail time

A misdemeanor charge is more likely in cases where the defendant has no prior criminal record and there were no aggravating factors.

Enhanced Penalties for Discharging a Firearm in a School Zone

If a firearm is discharged within a school zone, the penalties become significantly harsher. A conviction can result in:

• Three, five, or seven years in state prison
• Additional time if the incident resulted in injury or involved gang-related activity

If the defendant was already prohibited from possessing a firearm due to a previous conviction, the penalties could increase under California’s “Felon with a Firearm” law (Penal Code 29800 PC).

Who is Legally Allowed to Carry a Firearm in a School Zone?

Certain individuals are exempt from prosecution under PC 626.9 and are legally permitted to possess or carry a firearm in a school zone. These exemptions include:

• Law enforcement officers performing official duties
• Licensed security guards employed by a school
• Concealed carry permit (CCW) holders as long as they remain outside school property
• Individuals transporting an unloaded firearm in a locked container or secured in the trunk of a vehicle
• Persons with written authorization from the school district superintendent or an equivalent authority

If you qualify for an exemption, a criminal defense attorney may be able to prove that your firearm possession was lawful and seek to have the charges dismissed.

Defenses for Fighting PC 626.9 Gun-Free School Zone Charges

If you have been charged with violating California’s Gun-Free School Zone Act, an experienced criminal defense attorney can examine the details of your case and develop a strong defense strategy. Possible defenses may include:

You Did Not Know You Were in a School Zone

The prosecution must prove that you knew or reasonably should have known that you were within 1,000 feet of a school. Since school zone boundaries are not always clearly marked, you may have unknowingly crossed into a restricted area. If there was no reasonable way for you to be aware of your location, this could be a valid defense.

You Were Legally Allowed to Carry the Firearm

Certain individuals are exempt from prosecution under PC 626.9, including:

• Law enforcement officers and security personnel on duty
• Licensed CCW holders who did not enter school property
• Individuals with written authorization from a school official

If you fall under one of these exemptions, your attorney can argue that you were lawfully in possession of the firearmand that the charges should be dismissed.

You Were Legally Transporting the Firearm

California law allows firearms to be transported through a school zone if they are:

• Unloaded
• Locked in a secure container or stored in the trunk of a vehicle

If your firearm met these conditions, you were not in violation of PC 626.9, and the charges may not hold up in court.

Unlawful Search and Seizure

If law enforcement conducted an illegal search of your person, vehicle, or property without probable cause, any evidence obtained may be suppressed under the Fourth Amendment. If your attorney proves that your rights were violated, the case could be dismissed due to lack of admissible evidence.

The Firearm Was Not in Your Possession

To convict under PC 626.9, the prosecution must prove that you were in possession of the firearm. If the gun belonged to someone else, or if you had no control over it, your attorney may argue that you were wrongfully accused.