According to California Penal Code Section 626.9, also known as the California Gun-Free Zone Act, it is illegal to knowingly possess loaded or unloaded a firearm or to discharge a firearm in a school zone.
Prosecutor must establish the following elements to convict the defendant of violating the Gun-Free School Zone Act
Firearm
For purposes of PC Section 629.9, a firearm is a device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
School Zone
School Zone is an area, “in, or on the grounds of, a public or private school providing instruction to kindergarten or grades 1 to 12”, or within 1,000 feet of those grounds.
There are numerous provisions in the law when a person can escape from criminal liability. The law isn’t applicable under the following circumstances:
Legal defenses to California PC Section 626.9 charges
In case the defendant possessed a firearm in, or on the grounds of a public or private school, he will face two, three, or five years sentence in California state prison.
If the defendant possessed a firearm within 1,000 feet of the grounds of a public or private school he will face a sentence of two, three, or five years in California state prison when any of the bellow mentioned circumstances apply:
In case the defendant discharged, or attempted to discharge a firearm in a school zone, he will face a sentence of three, five, or seven years in California state prison.
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