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Concealed Carry and Firearm Restrictions on Church Campuses in California
Heightened concerns over gun violence in America have led many of our clients to prioritize security. This is especially true for churches, where believers want to worship without concern for the safety of their families. Many churches now rely on armed volunteers or hired security personnel to keep their sacred spaces safe for everyone. While many armed security companies provide personnel with open-carry firearms (often retired law enforcement), volunteer security is more likely made up of plainclothes, concealed-carry members of the congregation, sometimes retired law enforcement or military personnel. However, state and federal laws regulate the presence of firearms in many locations. Whether churches seek to utilize the protective services of a hired security company or volunteers, every church should be aware of the legal landscape regarding the presence of firearms on church campuses, and especially concealed carry firearms.
Note: This article focuses primarily on California law, although some principles may apply in other states.
Carrying a Firearm in a Public Space
It is a crime in California to carry a loaded firearm on one’s person in a public space, unless the carrier is:
- Active duty military;
- An authorized money transporter or security guard;
- Legally transporting a gun to a firing range or hunting location, with the gun in a locked container;
- A concealed carry weapons (CCW) permit holder; or
- A peace officer, including law enforcement, firefighters, federal agents, and probation and correction officers. Honorably retired peace officers also fall within the exception.
For purposes of the statute that sets forth this rule, a “public space” is any place open to common and general use, and which is readily accessible by anyone who wishes to go there. This definition ostensibly includes churches.
Concealed-Carry Laws in California, Generally
While it is illegal in California to carry a loaded or unloaded gun openly, Californians with CCWs may legally carry concealed, loaded firearms in public spaces, including churches. The permit is limited to firearms a person can conceal, such as revolvers or pistols.
Recent California legislation sought to limit the right of CCW holders to carry concealed firearms on church properties (SB 2). That statute, found at California Penal Code section 26230(a)(22), currently reads in pertinent part:
(a) A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or 26170 shall not carry a firearm on or into any of the following:
(22) A church, synagogue, mosque, or other place of worship, including in any parking area immediately adjacent thereto, unless the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.
This effort by the state to prohibit CCW permit holders from carrying concealed firearms in churches was challenged on Second Amendment grounds. The trial courts in Hawaii and California granted preliminary injunctions for the plaintiffs, making this law currently unenforceable. The attorneys general of both states appealed. These appeals were consolidated and heard by the Ninth Circuit Court. They are currently seeking U.S. Supreme Court review.
The Ninth Circuit Court expressed doubt that the Supreme Court will uphold the states’ authority to impose this restriction on CCW permit holders. If the Ninth Circuit is correct, then CCW permit holders will only be prohibited from carrying concealed firearms into churches if the church, as a property owner, prohibits them from doing so.
Concealed-Carry Weapons Near Schools or On School Campuses
Churches that operate schools on their campuses have another important legal consideration when deciding whether to allow CCW permit holders to carry concealed firearms onto their campuses.
Penal Code § 626.9 is California’s Gun-Free School Zone Act. This section makes it illegal to have or use a gun in a school zone. A “school zone” is an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within 1,000 feet from the grounds of the public or private school. This does not include residences, businesses, or private property not part of the school grounds if the possession of the firearm is otherwise lawful. There are very limited exceptions to this rule, including if the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle, or if the person possessing the firearm reasonably believes that they are in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to their life or safety.
While churches that operate schools on their campuses are not specifically mentioned in the statute, if read literally, the police could support the arrest of a CCW permit holder carrying a weapon on a church campus if that church operates a school, since that would arguably be a “school zone” under the statute. It is unclear how such an arrest would be treated at trial, but churches should nonetheless consider the language of the statute as prohibiting the presence of any firearms on their campuses if a school operates on the campus.
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