Last Updated on April 8, 2025
School shootings have become a sad reality in our current world. While some people argue the solution lies in creating more gun laws to prohibit potential mass murderers from gaining access to these weapons, others believe we should instead ensure more “good guys,” such as teachers, have firearms so potential killers can be stopped before they have a chance to harm anyone. Although some people, like Donald Trump, argue that arming teachers would help reduce the likelihood and severity of school shootings, many stories prove that allowing teachers to carry firearms is not a safe way to protect children. Even so, many states have moved forward with laws allowing teachers to carry firearms, but California prohibits most persons from possessing a gun while on a school campus, so arming teachers is not a realistic possibility here.
Are Firearms Allowed on School Grounds?
Many statutes bar someone from carrying a gun on a school campus, most notably California’s Gun-Free School Zone Act of 1995 (Penal Code 626.9 (PC)), which prohibits firearms in school zones in most circumstances, whether the weapons are loaded or unloaded. An unloaded weapon may be carried on campus if it is carried in a locked container, however.
More recently, a law was passed in January 2018 that closed a loophole in previous laws allowing staff members to bring concealed firearms to school if they had a concealed carry permit and had the superintendent’s or principal’s authorization. Now the only people allowed to bring concealed, loaded weapons on campus are law enforcement officers and security guards with a license to carry a concealed weapon.
There are even rules banning the possession of ammunition on campuses, even without a firearm. The closest a school district could come to arming its teachers would be to having a shooting range on campus that, though also subject to many legal restrictions, could presumably be accessed in an emergency.
Federal Rules About Guns at Schools
There are also federal laws banning the possession of firearms on school campuses. Although these have more loopholes than the California restrictions, they also carry the severe sentence of five years imprisonment for anyone who violates them. If you have any questions about whether weapons are allowed on school grounds in a particular circumstance, an attorney can let you know if the situation would violate federal or state law.
Gun-Free School Zone Act Penalties
Under Penal Code 626.9 (PC), these crimes are usually misdemeanors, punishable by up to one year in jail. However, if any of the following situations apply, the offense can be filed as a felony, punishable by up to five years in state prison if the defendant:
- has a prior felony conviction or firearms offense on their record
- is prohibited from possessing a firearm for any reason, including being temporarily stripped of 2nd amendment rights under the state’s red flag laws, due to a restraining order being placed against them, or because they lost the right to bear arms due to a conviction for domestic violence, a hate crime, a gang crime, or any felony
- violated the state’s concealed weapons laws
The penalty may even go up to seven years imprisonment if the defendant is found to have fired or attempted to fire the weapon with “reckless disregard” for the safety of others.
On top of fines and incarceration, any person found guilty of this crime will lose their right to possess a firearm in the future, whether they are convicted of a felony or a misdemeanor.
Are Guns Allowed on California College Premises?
Penal Code 626.9 (PC) only applies to schools that teach grades K-12. Different laws cover universities, however, it is still typically illegal to carry firearms on college campuses. The main difference is that while principals and superintendents of K-12 cannot permit someone to carry a firearm on school grounds, California law does allow individuals to carry a gun on college property if they have been authorized to carry the weapon by the university president. Anyone claiming they have been authorized to carry a firearm on university grounds must have documentation showing the president’s written permission.
If you are accused of carrying weapons on school grounds or anywhere else they are not allowed, attorney Peter Liss can help. Please call (760) 643-4050 to schedule a free initial consultation.
