California Penal Code 626.10 PC - Weapons on School Grounds
In California, state law restricts the types of weapons that can be carried or possessed in various situations. Penal Code 626.10 PC specifies which weapons are banned from being carried on school grounds at all levels, including both public and private universities.
PC 626.10 states that it is illegal to bring certain weapons or devices to any public or private school, including kindergartens through 12th grade.
This includes dirks, daggers, ice picks, knives with blades longer than 2.5 inches, folding knives with locking blades, razors, tasers, stun guns, or spot marker guns.
Violating this law is a wobbler, meaning it can be prosecuted as either a misdemeanor or a felony.
Items that shoot projectiles, such as BB or pellet guns, are not allowed under this law. Examples of illegal weapon possession on school grounds include:
- A student keeps a stun gun in their backpack for personal safety.
- A parent walking to pick up their child from elementary school with a taser in their pocket.
What are the Potential Penalties for Violations?
If someone is convicted of carrying a weapon on school grounds, they may face different levels of punishment. This type of crime is called a wobbler offense, allowing a prosecutor to charge the individual with either a misdemeanor or a felony, depending on the circumstances.
When charged with a misdemeanor, the maximum penalty is:
- one year in county jail
- a fine of up to $1,000.
- informal probation summary.
If the prosecutor treats a violation as a felony, the accused can face penalties of up to:
- three years served in a California state prison,
- a fine of up to $10,000,
- formal felony probation.
The court may also impose probation instead of jail or prison. The judge reviews each case individually to decide the appropriate sentence. Having a criminal record can lead to serious penalties from the court.
What Are the Related Crimes?
Other laws in the California Penal Code ban carrying certain items in specific locations, like schools. These related criminal offenses include:
- Penal Code 21310 PC - Carrying a concealed dirk or dagger: Dirks and daggers refer to items like knives or similar instruments that can be used as stabbing weapons. A person convicted of this crime may face misdemeanor or felony charges.
- Penal Code 21510 - Possession of a switchblade: Carrying a switchblade on you, in your car, or transferring it to someone else is illegal. Conviction for this crime may result in a misdemeanor charge, including up to six months in jail and a fine of $1,000.
- Penal Code 20410 PC - Belt buckle knives: It is illegal to make, possess, transport, manufacture, import, give, lend, sell, or distribute these knives. Violating the belt buckle knife law could result in up to 3 years of imprisonment.
- Penal Code 20510 - Cane swords law: Manufacturing, selling, importing, gifting, or possessing a cane sword—an ordinary-looking cane with a concealed sharp blade—is a criminal offense. Conviction can result in up to three years in state prison.
- Penal Code 171.7 PC - Weapons at a public transit facility: Knowingly possessing or carrying a weapon into any "sterile area" of a public transit facility, including firearms, imitation firearms, BB guns, and others, is a crime. Convictions can result in up to 6 months in county jail and fines up to $1000.
- Business and Professions Code 25608 - Bringing alcohol into a public school: This law bans bringing or possessing alcohol on school grounds. Conviction can result in a misdemeanor, with penalties including up to six months in jail and a $1,000 fine.
- California Penal Code 415.5 PC makes it a crime to willfully disturb the peace on school grounds or at school-related activities.
- California Penal Code 16520 PC defines the term firearm under California law.
What Are the Legal Defenses?
Multiple defenses can be used when facing a criminal charge for illegally carrying a weapon on school property. The appropriate defense depends on the specific facts, circumstances, and parties involved in the incident. Below, common defenses are outlined.
- The item is not considered a prohibited weapon under the law: If it is not listed in PC 626.10, then it is legal to carry on school grounds.
- There is a constitutional violation: Evidence gathered unlawfully against someone cannot be used in criminal cases. For example, if police search a home without a warrant or an exception, any evidence found during that search can be excluded from future proceedings if a motion is filed with the court.
Ensure an experienced California criminal defense attorney reviews your case to spot potential defenses. Hiring our law firm early can increase the chances of a positive outcome.
For instance, we may negotiate with law enforcement and prosecutors to avoid formal charges, known as a "DA reject." Contact Cron, Israels & Stark for a case evaluation.