§ 171b PC – Weapons in Public Buildings and Meetings in California

Penal Code § 171b PC is the California statute that makes it a crime to bring or possess certain weapons such as guns or knives into

1. public buildings or
2. meetings open to the public.

Violating 171b PC can be charged as either a

• misdemeanor carrying up to 1 year in jail; or
• felony carrying 16 months, 2 years, or 3 years in jail.

In this article, California criminal defense attorneys will address the following key topics regarding bringing weapons into public buildings and meetings:

• 1. Elements of 171b PC
• 2. Exceptions
• 3. Defenses
• 4. Related Crimes
• Frequently Asked Questions
• Additional Resources

1. Elements of 171b PC

For you to be convicted of violating California Penal Code 171b PC, prosecutors must prove beyond a reasonable doubt that you brought or possessed certain weapons into a public building or a meeting open to the public.¹

Some of these prohibited weapons include any:

• firearm,
• knife with a blade length over four inches,
• tear gas,
• taser or stun gun,
• BB gun or pellet gun, and
• spot marker gun or paint gun.²

2. Exceptions

There are some exceptions to the prohibitions in California Penal Code 171b PC. Specifically, you can bring weapons into public buildings and meetings if you either:

• are lawfully transporting weapons into a court of law to be used as evidence, or
• are a police officer, or
• are holding a valid license to carry a firearm, or
• have permission to possess the weapon and are in charge of securing the public building you are in.³

According to PC 171bc, a “public building” is a building owned or leased by the state or local government if state or local public employees are regularly present to perform their official duties.⁴

PC 171b does not apply to knives with a blade of four inches or less.

3. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with weapons crimes such as bringing prohibited weapons into public buildings or meetings. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting PC 171b charges reduced or dismissed.

1) You Are Exempted from the Law

Recall that certain people are free from prosecution under Penal Code 171b.

For example, police officers may bring “weapons” into public buildings and meetings. It is a defense, therefore, for you to show that you fall into one of these exempted categories.

2) There Was No Unlawful Weapon

Also recall that Penal Code 171b prohibits only the weapons that are specifically listed within the code section.

This means it is always a defense for you to show that the object you had was not an unlawful weapon within the language of the statute. For example, maybe you had a knife with a two-inch blade, and not a four-inch blade.

3) The Police Coerced Your Confession

This defense applies when you were charged under PC 171b following a confession. California law states that police may not use overbearing measures to coerce a confession.

If you can show that the police coerced you into a confession, then:

1. the judge may exclude the confession from evidence; or,
2. the case could get dropped altogether.

Unless an exception applies, it is a crime to bring a gun into public buildings in California.

4. Related Crimes

Possession of Destructive Devices

Penal Code 18710 PC makes it a California crime to possess a “destructive device.” Destructive devices include things like:

• bombs,
• grenades,
• explosive missiles,
• projectiles containing any kind of explosive or incendiary material, and
• certain rockets and rocket-propelled projectiles.

A violation of PC 18710 can be charged as either a misdemeanor or a felony.⁵

Illegal Acts with a Cane Sword

Penal Code 2510 PC makes it a California crime to make, import, sell, give, or possess a cane sword.⁹ A “cane sword” is an object that looks like an ordinary cane but has a concealed sword inside it.

A violation of PC 20510 is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.⁶

Carrying a Concealed Weapon

California Penal Code 25400 makes it a California crime to do certain acts with a concealed weapon. The prohibited acts are carrying a concealed weapon:

• within a vehicle under your control; or,
• upon your person.

A violation of PC 25400 can be charged as either a misdemeanor or a felony.⁷

Violating PC 171b is a wobbler offense, meaning it can be a misdemeanor or felony.

Frequently Asked Questions

Is a violation of PC 171b a felony or a misdemeanor?

It is a “wobbler,” meaning California prosecutors can decide to charge it as either a misdemeanor or a felony based on the facts of the case and your criminal history. If charged as a felony, it carries a potential sentence of up to three years in county jail.

Does my CCW permit allow me to carry a gun into a government building?

Technically, PC 171b includes an exemption for valid CCW holders. However, most California courthouses and government centers have independent administrative rules that strictly prohibit firearms for everyone except law enforcement.

While you might not be charged with a crime under PC 171b, you will likely be denied entry or face trespassing charges if you violate those specific building rules.

Are pocketknives allowed in public buildings in California?

Under PC 171b, the ban applies specifically to knives with a blade exceeding four inches that is fixed or capable of being fixed (locking). Smaller folding pocketknives are not unlawful under this specific statute. However, security checkpoints (especially at courthouses) usually have a “zero tolerance” policy and will confiscate any knife regardless of length.

What counts as a “public building” under PC 171b?

The law applies to any building owned or leased by the state or local government where public employees meet with the public to perform their official duties. This includes courthouses, city halls, and state office buildings, but generally excludes federal buildings (which are covered by federal law).

Additional Resources

For more information regarding weapons laws, refer to the following:

• California firearm laws – List compiled by the ATF.
• Bureau of Firearms – Agency with the California Department of Justice.
• California and federal assault weapons laws – Information compiled by the California Attorney General.

Legal References: