Penal Code - PEN § 171b

Cal. PEN § 171b

California Statutes

(

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 of Division of Title of, or

Article 9 (commencing with

Section 11120) of

Chapter of Part of Division of Title 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 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, CO pressure, or spring action, or any spot marker gun or paint gun. (

b) Subdivision (

a) shall not apply to, or affect, any of the following:

(1) A person who possesses weapons in, or transports weapons into, a court of law to be used as evidence. (2) (

A) A duly appointed peace officer as defined in

Chapter 4.5 (commencing with

Section 830) of Title of

Part 2, a retired peace officer with authorization to carry concealed weapons as described in

Article 2 (commencing with

Section 25450) of

Chapter of Division of Title of

Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer. (

B) Notwithstanding subparagraph (A), subdivision (

a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if they are 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 of Title of Part 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.

(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) A person licensed or registered in accordance with, and acting within the course and scope of,

Chapter 11.5 (commencing with

Section 7512) or

Chapter 11.6 (commencing with

Section 7590) of Division of the Business and Professions Code who has been hired by the owner or manager of the building if the person has permission pursuant to paragraph (5). (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 of Division of Title 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 of Division of Title 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 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.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 171b
Date2024-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN171b.20232492

Penal Code - PEN § 171b

Cal. PEN § 171b

California Statutes

Penal Code - PEN § 171b

Cal. PEN § 171b

California Statutes

(

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 of Division of Title of, or

Article 9 (commencing with

Section 11120) of

Chapter of Part of Division of Title 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 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, CO pressure, or spring action, or any spot marker gun or paint gun. (

b) Subdivision (

a) shall not apply to, or affect, any of the following:

(1) A person who possesses weapons in, or transports weapons into, a court of law to be used as evidence. (2) (

A) A duly appointed peace officer as defined in

Chapter 4.5 (commencing with

Section 830) of Title of

Part 2, a retired peace officer with authorization to carry concealed weapons as described in

Article 2 (commencing with

Section 25450) of

Chapter of Division of Title of

Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer. (

B) Notwithstanding subparagraph (A), subdivision (

a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if they are 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 of Title of Part 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.

(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) A person licensed or registered in accordance with, and acting within the course and scope of,

Chapter 11.5 (commencing with

Section 7512) or

Chapter 11.6 (commencing with

Section 7590) of Division of the Business and Professions Code who has been hired by the owner or manager of the building if the person has permission pursuant to paragraph (5). (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 of Division of Title 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 of Division of Title 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 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.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 171b
Date2024-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN171b.20232492