§ 171b PC – Weapons in Public Buildings and Meetings

Penal Code § 171b PC is the California statute that makes it a crime to bring or possess certain weapons in public buildings and meetings open to the public.

The offense can be charged as

• a misdemeanor or
• a felony, and
• carries a sentence of up to 3 years in jail.

The language of the code section reads as follows:

171b. Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public…any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison:

(1) Any firearm.

(2) Any deadly weapon

(3) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands.

(4) Any unauthorized tear gas weapon.

(5) Any taser or stun gun

(6) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.”

(For tear-gas-related crimes, see also 22810 PC.)

Our California criminal defense attorneys will highlight the following in this article:

• 1. Is it illegal to have weapons in California’s public buildings?
• 2. How can I fight a 171b PC charge?
  • 2.1 Exempted from the law
  • 2.2 No unlawful weapon
  • 2.3 Coerced confession
• 3. Penalties, punishment, and sentencing
• 4. Related offenses

BB Guns are prohibited in public buildings under 171b PC

1. Is it illegal to have weapons in California’s public buildings?

Penal Code 171b PC is the California statute that makes it a crime to bring or possess certain “weapons” into public buildings and meetings open to the public.¹

Some of these “weapons” include any

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

There are some exceptions to the general prohibition outlined above. This means you can bring weapons into public buildings and meetings if you:

• are lawfully transporting weapons into a court of law to be used as evidence,
• are a police officer,
• 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

2. How can I fight a 171b PC charge?

You can challenge a PC 171b accusation by raising a legal defense. A legal defense may work to reduce or even dismiss a charge.

Three common defenses to Penal Code 171b charges include that you:

1. were exempted from the law,
2. did not have an unlawful weapon, and/or
3. gave a coerced confession.

2.1 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.

2.2 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.

2.3 Coerced confession

This defense applies to the situation where 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 if you got pressured into confessing to a crime you didn’t commit.

A violation of 171b PC can be punished by up to one year in jail.

3. What is the potential sentence?

A violation of Penal Code 171b is a wobbler offense under California law. This means it can be charged as either a misdemeanor or a felony.⁵

If charged as a misdemeanor, the crime is punishable by imprisonment in the county jail for up to one year.

If charged as a felony, the offense is punishable by imprisonment for:

• 16 months,
• two years, or
• three years.

4. Related Offenses

There are three crimes related to the unauthorized possession of weapons in public buildings and meetings. These are:

1. possession of destructive devices – PC 18710,
2. illegal acts with a cane sword – PC 20510, and
3. carrying a concealed weapon – PC 25400.

Possession of destructive devices – PC 18710

Penal Code 18710 PC is the California statute that makes it a 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.⁶

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

If charged as a misdemeanor, the crime is punishable by:

• imprisonment in the county jail for up to one year, and
• a maximum fine of $1,000.⁷

If charged as a felony, the offense is punishable by:

• imprisonment in the California state prison for 16 months, two years, or three years, and/or
• a maximum fine of $10,000.⁸

Illegal acts with a cane sword – PC 20510

Penal Code 2510 PC is the California statute that makes it a 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.

If charged as a misdemeanor, the crime is punishable by:

• imprisonment in the county jail for up to one year; and/or,
• a maximum fine of $1,000.¹⁰

If a PC 20510 violation is charged as a felony, the offense is punishable by:

• imprisonment in a county jail for up to three years; and/or,
• a maximum fine of $10,000.¹¹

Carrying a concealed weapon – PC 25400.

California Penal Code 25400 makes it a 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.¹²

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

Either charge is punishable by:

• imprisonment in the county jail; and/or,
• a significant fine.¹³

Legal References: