SACRAMENTO, Calif. — Following the violent attack on the US Capitol last week, there has been growing intelligence and concern that similar types of attacks will occur across this country.  Federal, state and local law enforcement have taken extraordinary steps to prevent further violence.

District Attorney Anne Marie Schubert warns that any individuals who choose to engage in such criminal behavior in Sacramento, or at the State Capitol, will face prosecution to the fullest extent of the law.  While peaceful protests are a cherished First Amendment right, violence is not.  Such violence threatens the safety of our democracy and our community.

There are many crimes that can apply to armed and violent unrest, including:

  • Penal Code §171b – Possession of the following in a state or local public building is a crime:

    • Any firearm

    • Any deadly weapon

    • Any unauthorized tear gas

    • Any taser or stun gun

    • Any unlawful knife

  • Penal Code §171c – With or without a permit to Carry a Concealed Weapon (CCW), possession of a loaded firearm in the State Capitol

  • PC §25300(a) – Possession of a firearm in public while masked

  • Penal Code §22810 – Unlawful possession or use of tear gas

    • This includes bear spray

  • Penal Code §404 – Engaging in a riot

  • Penal Code §404.6 – Inciting a riot

  • Penal Code §594 – Vandalism

DA Schubert states, “The violence, riots and insurrection at our Nation’s Capitol were despicable and an assault on our democracy.  Those criminal acts will not be tolerated at our State Capitol or at any other place in Sacramento County.  As Sacramento District Attorney, I will zealously support every citizen’s right to protest, while at the same time aggressively prosecute those who use violence and lawlessness to cause harm or destruction on our Capitol grounds and in our community.”

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