GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1008

Short Title:  Up Penalties/Weapons in School.	(Public)
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Sponsors: Representatives Hensley; Alexander, Bowman, D. Brown, Church, Cole, Decker, DeVane, Edwards, Flaherty, Gardner, Griffin, Hall, Hill, Jack Hunt, R. Hunter, Jeffus, Joye, McCrary, Mercer, Michaux, B. Miller, Oldham, Redwine, Smith, and Sutton.
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Referred to:  Judiciary III.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO MAKE IT A CLASS I FELONY TO POSSESS OR CARRY A FIREARM ON SCHOOL PROPERTY OR TO ALLOW A MINOR TO POSSESS OR CARRY A WEAPON ON SCHOOL PROPERTY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-269.2 reads as rewritten:
"§ 14-269.2.  Weapons on campus or other educational property.
(a)	It is unlawful to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1, not used solely for instructional or school sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field, or other property owned, used or operated by any board of education, school, college, or university board of trustees or directors for the administration of any public or private educational institution.
(b)	It is unlawful to possess or carry, whether openly or concealed, any bowie knife, dirk, dagger, slungshot, leaded cane, switch-blade knife, blackjack, metallic knuckles, or any other weapon of like kind, not used solely for instructional or school sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field, or other property owned, used, or operated by any board of education, school, college, or university board of trustees or directors for the administration of any public or private educational institution.
(c)	It is unlawful knowingly to allow a minor to possess or carry, whether openly or concealed, any gun, rifle, pistol, dynamite cartridge, bomb, grenade, mine, powerful explosive as defined in G.S. 14-284.1, bowie knife, dirk, dagger, slungshot, leaded cane, switch-blade knife, blackjack, metallic knuckles, or any other weapon of like kind, not used solely for instructional or school sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field, or other property owned, used, or operated by any board of education, school, college, or university board of trustees or directors for the administration of any public or private educational institution.
(d)	For the purpose of this section a self-opening or switch-blade knife is defined as a knife containing a blade or blades which open automatically by the release of a spring or a similar contrivance, and the above phrase "weapon of like kind" includes razors and razor blades (except solely for personal shaving) and any sharp pointed or edged instrument except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance.
(e)	This section shall not apply to the following persons: Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms or weapons, civil officers of the United States while in the discharge of their official duties, officers and soldiers of the militia and the national guard when called into actual service, officers of the State, or of any county, city, or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties, any pupils who are members of the Reserve Officer Training Corps and who are required to carry arms or weapons in the discharge of their official class duties, and any private police employed by the administration or board of trustees of any public or private institution of higher education when acting in the discharge of their duties.
(f)	Any person violating the provisions of subsection (a) of this section shall be punished as a Class I felon.  Any person violating the provisions of subsection (b) of this section shall be guilty of a misdemeanor.  Any person violating the provisions of subsection (c) of this section shall be punished as a Class I felon."
Sec. 2.  This act becomes effective December 1, 1993, and applies to offenses committed on or after that date.