California Penal Code Section 171b[1] prohibits bringing or possessing firearms in state and local government buildings. Unlike the broader sensitive places provisions of PC 26230 (SB 2), Section 171b has been in effect since 1994 and has not been subject to the same constitutional challenges, as government buildings are widely recognized as historically restricted locations under the Bruen framework.
Prohibited Conduct
PC 171b(a) provides that any person who brings or possesses any of the following items within any state or local public building, or at any meeting required to be open to the public pursuant to the Bagley-Keene Open Meeting Act or the Ralph M. Brown Act, is guilty of a public offense:
- Any firearm
- Any deadly weapon (as defined in PC 17235)
- Any knife with a blade length in excess of 4 inches
- Any unauthorized tear gas weapon
- Any taser or stun gun
- Any instrument that expels a metallic projectile by the aid of spring or air pressure
Definition of "State or Local Public Building"
Under PC 171b(c), "state or local public building" means a building that houses any state or local government office, including but not limited to:
- Legislative chambers and committee rooms
- Courthouses (note: courthouses also have separate restrictions under PC 171.5[2])
- City hall buildings and offices
- County administrative buildings
- State office buildings
- Buildings containing a government meeting room during the time a public meeting is being conducted
Exemptions
PC 171b(b) provides specific exemptions for:
- Peace officers authorized to carry firearms, whether on or off duty
- Persons summoned by a peace officer to assist in making arrests or preserving the peace
- Full-time paid peace officers of another state or the federal government who are carrying out official duties while in California
- A person who has been given written permission by an authorized official of the building
- Retired peace officers authorized to carry a concealed firearm under PC 25450 (HR 218/LEOSA)
Notably, CCW permit holders are not exempt from PC 171b. A valid California CCW permit does not authorize carry in state or local government buildings.
Penalties
A violation of PC 171b involving a firearm is punishable as a felony by imprisonment in county jail for 16 months, 2 years, or 3 years. For other prohibited items, the offense is generally a misdemeanor punishable by up to one year in county jail.
Sources
[1] California Legislature. Penal Code Section 171b
Part 1, Title 11, Section 171b
[2] California Legislature. Penal Code Section 171.5
Part 1, Title 11, Section 171.5