PENAL CODE 626.10 PC – WEAPONS ON CALIFORNIA SCHOOL GROUNDS

Under Penal Code § 626.10 PC, it is illegal to possess dangerous weapons such as dirks or daggers, ice picks, stun guns, and BB guns on public or private school grounds. This offense is considered a wobbler, meaning it can be prosecuted as either a misdemeanor or a felony, depending on the circumstances.

626.10. (a) (1) Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 21/2 inches, folding knife with a blade that locks into place, razor with an unguarded blade, taser, or stun gun, as defined in subdivision (a) of [Penal Code] 244.5, any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun, upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=626.10.

WHAT ARE THE ELEMENTS OF CRIME?

To secure a conviction under California Penal Code § 626.10, which prohibits the possession of specified weapons on school grounds, the prosecutor must prove the following elements beyond a reasonable doubt:

• The defendant knowingly had in their possession a weapon. The statute specifies weapons such as firearms, knives with blades longer than 2.5 inches, dirks, daggers, and certain other specified weapons.

• The defendant possessed the weapon on the grounds of, or within a specific proximity to, a school. This includes any buildings or grounds of public or private schools providing instruction in kindergarten or grades 1 to 12, inclusive, as well as the University of California, the California State University, and California community colleges.

• The defendant must have knowingly possessed the weapon. The statute does not require proof that the defendant intended to use the weapon for any unlawful purpose, merely that they knowingly had it in their possession on school grounds.

• The prosecutor must show that none of the statutory exceptions or defenses apply. Exceptions can include possession by a peace officer, authorized personnel, or individuals who have obtained written permission from the school authorities.

EXAMPLE

Imagine a scenario where a high school student, John, is arrested and charged under California Penal Code 626.10 PC for bringing a pocket knife onto school grounds. John had been doing some yard work before school and forgot to remove the knife from his pocket. Despite the knife having a blade length of less than 2 ½ inches and being used for a completely innocent purpose, a teacher noticed it during a routine bag search and alerted school authorities. As a result, John was detained by the school security officer and subsequently arrested by local law enforcement. John now faces charges for unlawfully possessing a weapon on school premises under PC 626.10.

PENALTIES, PUNISHMENT, AND SENTENCING

A violation of Penal Code 626.10 in California is considered a “wobbler” offense, which means it can be prosecuted as either a misdemeanor or a felony based on the specific circumstances of the case and your prior criminal record.

If charged as a misdemeanor, the potential penalty is up to one year of incarceration in the county jail. Instead of jail time, a judge may opt for misdemeanor probation, also known as “summary” or “informal” probation.

In the event that a PC 626.10 violation is charged as a felony, the potential punishment is imprisonment in the state prison for up to three years. Alternatively, a judge may order felony probation in place of a prison sentence.

DEFENSES

If you are facing allegations under Penal Code 626.10, you have the opportunity to challenge the accusation by presenting a legal defense. A strong defense can often lead to a reduction of charges or even a dismissal of the case.

Three common defenses against PC 626.10 accusations include:

• No Prohibited Weapon: The Penal Code specifically prohibits certain weapons from California school grounds. If you can demonstrate that the item you brought onto school premises was not a prohibited weapon as outlined in PC 626.10, you may have a valid defense. For instance, if you carried a knife with a blade less than 2 ½ inches, it may not qualify as a prohibited weapon.
• Exemption from Prosecution: Certain individuals are exempt from prosecution under Penal Code 626.10, as detailed within the statute. Examples of persons who are typically not subject to prosecution under this offense include police officers, individuals assisting law enforcement, and members of the military performing official duties.
• Lack of Probable Cause: According to the Fourth Amendment of the U.S. Constitution, law enforcement officials must have probable cause to detain or arrest someone for a crime. If you were detained or arrested for violating PC 626.10 without proper probable cause, any evidence obtained subsequent to the improper detainment or arrest could be excluded from the case. This exclusion could potentially lead to the dismissal or reduction of charges against you.

IMMIGRATION CONSEQUENCES

When someone is charged under California Penal Code 626.10 PC – Weapons on California School Grounds, the immigration consequences can be severe. This offense is considered a “crime involving moral turpitude” (CIMT) and an “aggravated felony” under federal immigration law, especially if it involves a firearm. Conviction can lead to deportation, inadmissibility, and other immigration penalties. Non-citizens, including lawful permanent residents, may face removal proceedings and may be barred from re-entry into the United States. Legal advice from an immigration attorney is crucial in such cases to navigate the complex interplay between criminal and immigration law. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

Under California Penal Code § 626.10, which deals with weapons on school grounds, expungement of a conviction is possible but subject to certain conditions. According to California Penal Code § 1203.4, an individual may seek expungement of a conviction if they have successfully completed probation, or if they have been discharged early from probation.

However, expungement is generally not available for certain serious offenses, and the court has discretion in granting it. The defendant must petition the court and demonstrate that they have met all the conditions of their probation and have not committed any new crimes. Additionally, an expunged conviction does not completely erase the record but changes it to show that the plea or conviction has been set aside, and it still may have implications for future legal matters. It is advisable for individuals seeking expungement to consult with an expungement attorney to understand the specifics of their case and the likelihood of success in their petition.

RELATED CRIMES

• Alcohol at a public educational facility – BPC 25608,
• Carrying a concealed dirk or dagger – PC 21310, and
• Possession of a switchblade – PC 21510

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you have been arrested or charged with possessing a firearm at school, or under PC 626.9 or 626.10, we strongly advise seeking legal assistance. You can reach out to the Tabibnia Law Firm for a free consultation with our criminal defense lawyer, Cyrus Tabibnia. He is available to help you seven days a week. Please don’t hesitate to call today.

Legal Resources:

• Penal Code 626.10 PC.
• California Penal Code 19.
• California Penal Code 1170h.
• California Business and Professions Code 25608 BPC.
• California Penal Code 21310 PC.
• California Penal Code 270.1a PC.