Penal Code § 171.7 PC – Weapons at California Public Transit Facilities

California Penal Code § 171.7 PC makes it a crime to bring firearms and other weapons into the sterile area of a public transit facility. A “sterile area” means “any portion of a public transit facility generally controlled in a manner consistent with the public transit authority’s security plan.”

The full text of the code section reads as follows:

171.1. (a) For purposes of this section:

(1) “Public transit facility” means any land, building, or equipment, or any interest therein, including any station on a public transportation route, to which access is controlled in a manner consistent with the public transit authority’s security plan, whether or not the operation thereof produces revenue, that has as its primary purpose the operation of a public transit system or the providing of services to the passengers of a public transit system. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, light rail systems, rapid transit systems, subways, trains, or jitneys, that transport members of the public for hire.

(2) “Sterile area” means any portion of a public transit facility that is generally controlled in a manner consistent with the public transit authority’s security plan.

(3) “Firearm” has the same meaning as specified in subdivision (a) of Section 16520.

(b) It is unlawful for any person to knowingly possess within any sterile area of a public transit facility any of the following, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from possession of these items:

(1) Any firearm.

(2) Any imitation firearm as defined in Section 417.4.

(3) 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.

(4) Any metal military practice hand grenade.

(5) Any metal replica hand grenade.

(6) Any plastic replica hand grenade.

(7) Any unauthorized tear gas weapon.

(8) Any undetectable knife, as described in Section 17290.

(c) (1) Subdivision (b) shall not apply to, or affect, any of the following:

(A) A duly appointed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

(B) A retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.

(C) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.

(D) A qualified law enforcement officer of another state or the federal government, as permitted under the Law Enforcement Officers Safety Act pursuant to Section 926B or 926C of Title 18 of the United States Code.

(E) Any person summoned by any of the officers listed in subparagraphs (A) to (C), inclusive, to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer.

(F) A person who is responsible for the security of the public transit system and who has been authorized by the public transit authority’s security coordinator, in writing, to possess a weapon specified in subdivision (b).

(2) Paragraph (1) of subdivision (b) does not apply to or affect a person who is exempt from the prohibition against carrying a handgun pursuant to Section 25400 if the carrying of that handgun is in accordance with the terms and conditions of the exemption specified in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 or Sections 25615 to 25655, inclusive.

(3) Paragraph (7) of subdivision (b) shall not apply to or affect the possession of a tear gas weapon when possession is permitted pursuant to Division 11 (commencing with Section 22810) of Title 3 of Part 6.

(d) A violation of this section is punishable by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(e) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision.

(f) This section does not prevent prosecution under any other provision of law that may provide a greater punishment.

(g) This section shall be interpreted so as to be consistent with Section 926A of Title 18 of the United States Code.

Examples of illegal acts under this code section include:

• Marico brings a 9mm handgun into a public transit facility in her backpack.
• Jack sneaks a rifle into the sterile area of a subway under an overcoat.
• As a joke, Juan carries a replica hand grenade into a light rail system.

Defenses

Luckily, there are several legal defenses that you can raise if accused of a crime under Penal Code 171.7. These include showing that you:

• did not know you had a prohibited weapon,
• acted under duress, and/or
• were arrested without probable cause.

Penalties

A violation of PC 171.7 is charged as a misdemeanor in California (as opposed to a felony or an infraction).

The crime is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.

Please note that instead of jail time, a judge may award you with misdemeanor (or summary probation).

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

• 1. What is prohibited under Penal Code 171.7?
• 2. Are there legal defenses?
  • 2.1. No knowledge
  • 2.2. Duress
  • 2.3. No probable cause
• 3. What are the penalties
• 4. Related offenses
  • 4.1. Weapons at airports – PC 171.5
  • 4.2. Weapons in public buildings and at meetings – PC 171b
  • 4.3. Firearms in the Governor’s mansion – PC 171d

California PC 171.7 prohibits knowingly possessing certain weapons within a PTF’s sterile area.

1. What is prohibited under Penal Code 171.7?

Penal Code 171.7 PC is the California statute that makes it a crime to knowingly possess certain weapons within any sterile area of a PTF.¹ Some of these weapons include:

• firearms,
• imitation firearms,
• BB guns,
• replica hand grenades, and
• tear gas weapons.²

A “sterile area” of a public transit facility means any part of a PTF that is controlled in a manner consistent with the facility’s security plan.³

Public transit facilities transport members of the public for hire. They include (but are not limited to):

• streetcars,
• buses,
• light rail systems,
• rapid transit systems,
• subways, and
• trains.

2. Are there legal defenses?

If you are accused of a crime under Penal Code 171.7, then you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.

Three common defenses to PC 171.7 accusations are:

1. you had no knowledge of the weapon,
2. you acted under duress, and/or
3. there was no probable cause to arrest you.

2.1. No knowledge

The language within Penal Code 171.7 states that you are only guilty if you knowingly possessed a prohibited weapon within a PTF. Therefore, it is always a perfect legal defense to show that while you may have taken a prohibited weapon into a public transit facility, you did not know it. For example, maybe another person put a weapon into your bag without you knowing about it.

2.2. Duress

Duress is a legal defense in which you basically say: “He made me do it.” The defense applies to the very limited situation in which you commit a crime (here, possessing a weapon in a PTF) because somebody threatened to kill you if the crime was not committed.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest you for a crime.

If you were stopped or arrested for violating PC 171.7, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

A conviction can result in a fine and/or jail time.

3. What are the penalties?

A violation of PC 171.7 is charged as a misdemeanor in California.⁴

The crime is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.⁵

Please note that in lieu of jail time, a judge may award you with misdemeanor (or summary probation).

4. Related Offenses

There are three crimes related to possessing a weapon in a PTF. These are:

1. weapons at airports – PC 171.5,
2. weapons in public buildings and at meetings – PC 171b, and
3. firearms in the Governor’s mansion – PC 171d.

4.1. Weapons at airports – PC 171.5

Penal Code 171.5 is one of California’s many gun laws.

Under this law, it is a misdemeanor to knowingly possess, within any sterile area of an airport or a passenger vessel terminal:

• a firearm,
• a BB or pellet gun,
• the frame or receiver of a firearm, or
• any ammunition.

Possession of any of these guns within the sterile (post-security check) area of an airport or a passenger vessel terminal is punishable by:

• up to six months in county jail, and/or
• a fine of up to $1,000.

4.2. Weapons in public buildings and at meetings – PC 171b

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.

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.⁶

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.

4.3. Firearm in the Governor’s mansion – PC 171d

Penal Code 171d PC makes it a wobbler offense to bring or possess a loaded firearm within or on the grounds of:

• the Governor’s Mansion or any other residence of the Governor,
• the residence of any other constitutional officer, or
• the residence of any Member of the Legislature.

A violation of Penal Code 171d is punishable:

• as a misdemeanor, by up to one year in county jail, and/or up to a $1,000 fine, or
• as a felony, by 16 months, or two or three years in county jail.

Legal References: