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el cajon car show???

Devilinbp

Regular Member
Joined
Jun 7, 2010
Messages
145
Location
San Diego, California, United States
I am willing to go tomorrow if you want.

Carry? yes

I will contact Kelly and company if you wanna do this. 5:30 - 6pm out in front of Starbucks at Main and Magnolia sound ok?
Edit:
I just checked the schedule......this is the kids trick or treat night. You still wanna go? You might scare all the kiddies with your looks. :p
 
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leoffensive

Regular Member
Joined
Nov 25, 2009
Messages
309
Location
San Diego, California, USA
I am willing to go tomorrow if you want.

Carry? yes

I will contact Kelly and company if you wanna do this. 5:30 - 6pm out in front of Starbucks at Main and Magnolia sound ok?
Edit:
I just checked the schedule......this is the kids trick or treat night. You still wanna go? You might scare all the kiddies with your looks. :p

Yea im up for it. Ill pm you with my cell so we can keep in contact easier
 

Firemark

Regular Member
Joined
Oct 19, 2010
Messages
445
Location
San Diego
Hate to burst anyones bubble, but the large majority of the Car show is inside 1000 ft school zone, including that Starbucks.

Gateway Community Day School
331 W Main
El Cajon CA. 92020
619.442.4067
http://gatewayeast.guhsd.net/

I called and talked to the staff there they teach High School age students between 7 am and 2pm, and according to them they are listed on the California School registry. It shows up on google maps when you type in "schools" on the search engine. 1000 ft circumfrence easily puts it east of Magnolia Ave. Just FYI, Beware!
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Hate to burst anyones bubble, but the large majority of the Car show is inside 1000 ft school zone, including that Starbucks.

626.9(c)(1) specifically exempts carriage "within a business or on private property... if not part of the school grounds & posession is otherwise lawful."
If the property on/in which the car show is being held does not belong to any government entity, then you're cool.

Here in WI the "gun free school zone" law specifically exempts private property, too.
We've had a few officers who were unclear on the concept, thinking that a gas station was public property. Nope, it's privately-owned but a "place of public accommodation".
The court explained that to the police department involved, with little words & big fines.

Of course, our law also says that someone must "knowingly" violate a school zone, so the prosecutor has to somehow prove that you a) knew of the law and then b) knew you were too close to a school. If they don't put up signs clearly showing where that 1000' border is, how can they prove you knew you were too close?


http://law.onecle.com/california/penal/626.9.html
626.9
"(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone... shall be punished..."
So DON'T carry around maps that show schools or the 1000' border! And if stopped, don't admit you know there's a school the next block over.

"(c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful."
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
That's an online K-12 high school. If this is considered a school, then the home of the student who is hooked up on line is also a school.
 
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leoffensive

Regular Member
Joined
Nov 25, 2009
Messages
309
Location
San Diego, California, USA
Hate to burst anyones bubble, but the large majority of the Car show is inside 1000 ft school zone, including that Starbucks.

Gateway Community Day School
331 W Main
El Cajon CA. 92020
619.442.4067 begin_of_the_skype_highlighting**************619.442.4067******end_of_the_skype_highlighting
http://gatewayeast.guhsd.net/

I called and talked to the staff there they teach High School age students between 7 am and 2pm, and according to them they are listed on the California School registry. It shows up on google maps when you type in "schools" on the search engine. 1000 ft circumfrence easily puts it east of Magnolia Ave. Just FYI, Beware!

then if it were a school then some people would have been arrested a long time ago.

im not gonna make it either way im stuck up on the hill on overtime right now.
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
Here in WI the "gun free school zone" law specifically exempts private property, too.
We've had a few officers who were unclear on the concept, thinking that a gas station was public property. Nope, it's privately-owned but a "place of public accommodation".
The court explained that to the police department involved, with little words & big fines.

This is not settled law in California. While it may read plain as day here, there has been some judicial reinterpretation as what is or isnt private property in the conviction of Theseus who was charged with 626.9. It is generally presumed that the 1000 foot gun free school zone applies anywhere regardless of whether property is privately owned or not. If private property is publically accessable, 626.9 applies - until we can get binding case law.
 

Firemark

Regular Member
Joined
Oct 19, 2010
Messages
445
Location
San Diego
Yea the car show is on main street they basically hold it on the street and sidewalks so, definitley not private property.

Also the school property itself, has students in the building and on the property on weekdays, there are desks, bookshelfs and pictures of staff and students on the wall, clearly visible thru the windows. They claim to be registered with the state, their website says they are a SCHOOL. And as far as Im concerned if you do a google or map quest search for schools and it shows up, my bet is you wont have to much to stand on trying to defend yourself in a court of law.
As far as being arrested a long time ago, just because PD doesnt realize a school is there doesnt mean they or the DA wont find it if some Barney Fife decides to arrest you.
Food for thought...
 
K

kittyhawk63

Guest
That's an online K-12 high school. If this is considered a school, then the home of the student who is hooked up on line is also a school.

It is both online and on location. See below on dress code or go to http://gatewayeast.guhsd.net/

Discretion may be used to determine appropriate attire for the classroom by the teachers and the administration. Students and parents will be notified of any changes.


There would be no reason for a dress code if the student remains home and goes online.

I would be aware of this policy, since I am a former school principal.
 
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EXTREMEOPS1

Campaign Veteran
Joined
Jul 11, 2010
Messages
248
Location
Escondido CA
I open carried here and had no issues with cops

Hate to burst anyones bubble, but the large majority of the Car show is inside 1000 ft school zone, including that Starbucks.

Gateway Community Day School
331 W Main
El Cajon CA. 92020
619.442.4067
http://gatewayeast.guhsd.net/

I called and talked to the staff there they teach High School age students between 7 am and 2pm, and according to them they are listed on the California School registry. It shows up on google maps when you type in "schools" on the search engine. 1000 ft circumfrence easily puts it east of Magnolia Ave. Just FYI, Beware!

I open carried in this area with two others also visited a top class mexican restaurant saw lots of cops and wasn't harrassed or arrested and I know they saw the three of us "all alone in el cajon" never saw any of the other open carriers on the first night of the El Cajon Car show / open carry at starbucks non event .
 

Firemark

Regular Member
Joined
Oct 19, 2010
Messages
445
Location
San Diego
I open carried in this area with two others also visited a top class mexican restaurant saw lots of cops and wasn't harrassed or arrested and I know they saw the three of us "all alone in el cajon" never saw any of the other open carriers on the first night of the El Cajon Car show / open carry at starbucks non event .

Doesnt change the fact that the school is still there as is the 1000 ft victim disarmament zone. The fact that no LE officer cited you, or you may have carried there multiple times, the law is the law.

If some LEO with an attitude wants to cite you, you may not have a leg to stand on, unless your wanting to test the 1000ft thing in court and get the law thrown out?

Im just saying be careful, check your areas you carry in, and help out your fellow carriers when you see a potential legal land mine.
 

EXTREMEOPS1

Campaign Veteran
Joined
Jul 11, 2010
Messages
248
Location
Escondido CA
I won't be going there again unless I'm Concealed Carrying

Doesnt change the fact that the school is still there as is the 1000 ft victim disarmament zone. The fact that no LE officer cited you, or you may have carried there multiple times, the law is the law.

If some LEO with an attitude wants to cite you, you may not have a leg to stand on, unless your wanting to test the 1000ft thing in court and get the law thrown out?

Im just saying be careful, check your areas you carry in, and help out your fellow carriers when you see a potential legal land mine.

CCW allows me within the 1000 ft "school zone" thanks for the concern and heads up :)
 

EXTREMEOPS1

Campaign Veteran
Joined
Jul 11, 2010
Messages
248
Location
Escondido CA
Here's the authorization 18USC922(q):

Say whaaaaaaat? How did that happen?

18USC922(q):
Quote:
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
18USC922(q):
Quote:
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

That's the federal exemption - the CA GFSZ has an exemption for 12050 license holders as well. There is no requirement to conceal.

626.9 (l) This section does not apply ... a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4...

12050 License + GFSZ = no requirement to lockup
 
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CREWDAD

Regular Member
Joined
Oct 18, 2009
Messages
73
Location
San Marcos, California, USA
FYI... No Issues with ECPD in cruise zone

Hate to burst anyones bubble, but the large majority of the Car show is inside 1000 ft school zone, including that Starbucks.

Gateway Community Day School
331 W Main
El Cajon CA. 92020
619.442.4067
http://gatewayeast.guhsd.net/

I called and talked to the staff there they teach High School age students between 7 am and 2pm, and according to them they are listed on the California School registry. It shows up on google maps when you type in "schools" on the search engine. 1000 ft circumfrence easily puts it east of Magnolia Ave. Just FYI, Beware!

Just as an FYI, we did about the first 6-8 Wed nights of the cruise nights at the beginning of the summer, and had no problems with ECPD.
The law states;
18USC922(q):
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—

I pulled up maps from the El Cajon Valley School District and Grossmont Union High School District, and there were no schools within the 1000ft area on Main st. between Douglas st. and W.D. Hall which is the entrance to the El Cajon Court House. We were stopped one time on the first night of the cruise and checked out by the 6th cop that saw us, he was very polite and followed the rules and was on his way, we had no further contact by ECPD for the last 5-7 weeks.
 

EXTREMEOPS1

Campaign Veteran
Joined
Jul 11, 2010
Messages
248
Location
Escondido CA
Thanks for clarification

That's the federal exemption - the CA GFSZ has an exemption for 12050 license holders as well. There is no requirement to conceal.

626.9 (l) This section does not apply ... a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4...

12050 License + GFSZ = no requirement to lockup
Much appreciated
 
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