Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Possession of a Firearm in a Prohibited Place

California has some of the most restrictive firearm and weapon laws in the nation. Among these are statutes that prohibit the possession of firearms or other deadly weapons in specific “prohibited places,” such as government buildings, schools, airports, and public meetings.

Possession of a weapon in a prohibited place is a serious offense that can result in jail or prison time, heavy fines, and permanent loss of firearm rights. These laws apply even if the weapon is legally owned, unloaded, or carried for self-defense.

A conviction can lead to long-term consequences, including a criminal record, probation, and restrictions on future firearm ownership. If you have been accused of unlawfully possessing a firearm or other weapon in a restricted area, it is essential to seek immediate legal representation.

San Diego Possession of a Weapon in a Prohibited Place Defense Attorney

Many people charged under California’s “prohibited place” laws are law-abiding citizens who made an honest mistake, carrying a firearm into a restricted area without realizing the location’s rules or that their concealed carry permit did not apply.

Unfortunately, prosecutors often pursue these charges aggressively, regardless of intent. Having an experienced defense attorney can make all the difference between a misdemeanor conviction and a dismissal.

Attorney Michael Cindrich has extensive experience defending clients charged with firearm-related crimes in California, including possession in prohibited areas, unlawful transport of firearms, and concealed carry violations. He understands California’s complex weapons laws and knows how to navigate both state and federal regulations to protect his clients’ rights.

The Law Offices of Michael E. Cindrich serve clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

For a free, confidential consultation, call (619) 262-2500.

Overview of Possession of a Firearm in a Prohibited Place Charges in San Diego

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Definition of Possession of a Weapon in a Prohibited Place

California Penal Code §§171b, 626.9, and related statutes make it a crime to knowingly possess or bring a firearm or other deadly weapon into specific restricted locations.

The key statutes include:

  • Penal Code §171b: Prohibits weapons in state or local public buildings and meetings of local governing bodies.
  • Penal Code §626.9 (Gun-Free School Zone Act): Prohibits possessing firearms within 1,000 feet of a public or private school.
  • Penal Code §171c: Prohibits weapons in the State Capitol, legislative offices, and other state government facilities.
  • Penal Code §171.5: Prohibits firearms and ammunition in sterile areas of airports and passenger terminals.
  • Penal Code §171.7: Prohibits weapons in public transit facilities such as subways, buses, and train stations.

These offenses may apply even when the firearm is unloaded, stored in a case, or lawfully owned. Intent to use the weapon is not required — only possession in a restricted location.

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Prohibited Places in California

California law recognizes multiple categories of “sensitive locations” where firearm or weapon possession is strictly prohibited, regardless of a person’s licensing status.

Government Buildings and Public Meetings (Penal Code §171b)

Carrying or possessing a firearm or deadly weapon in any state, county, or local public building, or at a public meeting of a legislative or governing body, is a crime.

These restrictions exist to protect public officials and employees from potential violence or intimidation. Security screening, signage, and posted notices typically mark these areas.

Examples include:

  • Courthouses and city halls
  • County administrative buildings
  • Public hearings or city council meetings
  • Buildings leased or owned by state or local agencies

Schools and Gun-Free Zones (Penal Code §626.9)

Under California’s Gun-Free School Zone Act, it is illegal to knowingly possess a firearm within 1,000 feet of a K–12 public or private school, including parking lots and adjacent streets.

These zones were created to protect children and educators from gun violence and accidental discharge incidents.

Exceptions may apply for:

  • Law enforcement officers
  • Authorized security personnel
  • Individuals with specific written permission from school authorities

Airports and Passenger Terminals (Penal Code §171.5)

Possessing a firearm or ammunition within the “sterile area” of an airport — the security-screened zone where passengers board aircraft — is a misdemeanor or felony depending on the circumstances.

The restriction also applies to replica firearms, ammunition, and certain knives or explosives.

Even individuals with concealed carry permits (CCW) are not exempt from this restriction.

State Capitol and Legislative Offices (Penal Code §171c)

Weapons are strictly prohibited in or around the California State Capitol, the legislative office buildings, and any building housing constitutional officers.

This prohibition exists to protect government officials and ensure public safety during legislative sessions and protests.

Public Transit Facilities (Penal Code §171.7)

Firearms and other deadly weapons may not be carried into public transportation facilities, including bus stations, train depots, and subway platforms.

This law helps prevent violence and panic in crowded areas where escape routes may be limited.

Federal Buildings and Courthouses (18 U.S.C. §930)

Federal law prohibits carrying firearms or dangerous weapons into federal facilities such as courthouses, post offices, and IRS offices.

Violations are prosecuted under federal jurisdiction and can result in severe penalties, including imprisonment.

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Penalties for Possession of a Weapon in a Prohibited Place

The penalties depend on the specific statute violated and whether the offense is charged as a misdemeanor or felony.

Misdemeanor Penalties

  • Up to 1 year in county jail
  • Fines up to $1,000
  • Summary probation
  • Loss of firearm rights during probation

Felony Penalties

  • 16 months, 2 years, or 3 years in state prison
  • Fines up to $10,000
  • Permanent loss of firearm rights under California and federal law

Certain violations, such as bringing a firearm into a courthouse or airport, can also trigger federal prosecution and enhanced penalties if the firearm was loaded or readily accessible.

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Key Elements a Jury Considers in Possession of a Weapon in a Prohibited Place Cases

When determining whether the prosecution has proven guilt under Penal Code §§171b, 626.9, or related laws, jurors evaluate the following key elements:

  • Possession or Control – The defendant had actual or constructive possession of a firearm or prohibited weapon while in a restricted location.
  • Knowledge – The defendant knew, or reasonably should have known, that they possessed the weapon. Lack of awareness (for example, leaving a weapon in a bag by mistake) may be a defense.
  • Location Qualification – The area where possession occurred qualifies as a “prohibited place” under California law, such as a courthouse, airport, or school zone.
  • Intent or Purpose – While intent to use the weapon is not required, jurors may consider whether the defendant’s conduct suggested self-defense, oversight, or deliberate concealment.
  • Permits or Authorization – The jury may evaluate whether the defendant possessed a valid CCW permit, security clearance, or other authorization, and whether that permission legally applied to the location in question.

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Defenses to Possession of a Weapon in a Prohibited Place Charges

Common defenses include:

  • Lack of Knowledge – The defendant did not know they were in a prohibited area or that a firearm was in their possession.
  • Valid License or Authorization – The defendant held a lawful exemption (e.g., law enforcement, security officer, or written authorization).
  • Improperly Posted or Unclear Signage – The area was not properly marked as a prohibited place as required by law.
  • Unlawful Search or Seizure – The firearm was discovered during an illegal search, violating Fourth Amendment protections.
  • No Actual Possession – The weapon was not under the defendant’s control or belonged to someone else.
  • Safe Transport Exception – The firearm was being lawfully transported in a locked container or trunk, consistent with California law.

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Role of a San Diego Possession of a Weapon in a Prohibited Place Attorney

  • Immediate Review of Evidence and Location Designation – The attorney verifies whether the location qualifies as a prohibited area under California or federal law and whether the client had proper authorization.
  • Analyzing Law Enforcement Conduct – The lawyer reviews search procedures, detention justification, and Miranda warnings to identify any constitutional violations.
  • Challenging the Knowledge Requirement – Defense counsel can argue that the client did not knowingly bring a weapon into the restricted area or was unaware of the boundaries of the prohibited zone.
  • Negotiating for Dismissal or Charge Reduction – Many first-time offenders can obtain dismissal through diversion, compliance programs, or charge reductions to lesser infractions such as improper transport.
  • Protecting Firearm Rights and Record – After case resolution, the attorney may seek expungement under Penal Code §1203.4 and advise on potential restoration of firearm rights where possible.

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Frequently Asked Questions

Q: What if I have a concealed carry permit (CCW)?

A: Even with a CCW, you cannot bring a firearm into most prohibited places, including courthouses, schools, and airports. CCW permits are subject to strict location-based restrictions.

Q: Can I transport my gun through a school zone?

A: Yes, if the firearm is unloaded and locked in a secure container or trunk. However, stopping or exiting the vehicle within the zone with the gun accessible may violate §626.9.

Q: What counts as a “public building”?

A: Any building owned, leased, or occupied by a state or local government entity where official business is conducted — including city halls, courthouses, and county offices.

Q: Can these charges be dropped if I didn’t know about the restriction?

A: Possibly. Lack of knowledge is a valid defense if the prosecution cannot prove that you intentionally carried the weapon into a prohibited area.

Q: Will I lose my gun rights if convicted?

A: Felony convictions result in a lifetime firearm ban. Some misdemeanor convictions also trigger temporary or permanent firearm restrictions.

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Additional Resources

California Penal Code §171b – Weapons in Public Buildings: Defines restrictions on carrying firearms and other weapons in state and local government buildings and meetings.

California Penal Code §626.9 – Gun-Free School Zone Act of 1995: Prohibits firearm possession within 1,000 feet of schools, detailing exceptions and penalties.

California Penal Code §171.5 – Firearms in Airports: Outlines prohibitions on carrying firearms, ammunition, or replicas into sterile areas of airports.

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Hire a Defense Attorney for Possession of a Weapon in a Prohibited Place Charges in San Diego County, CA

A charge for possessing a weapon in a prohibited place is serious and can lead to jail, loss of gun rights, and a permanent criminal record. Whether you accidentally carried a firearm into a restricted area or were unaware of the boundaries, you have legal defenses.

The Law Offices of Michael E. Cindrich represent clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Protect your rights and your future. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.