GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	4 

HOUSE BILL 1008
Committee Substitute Favorable 5/7/93
Third Edition Engrossed 5/12/93
Senate Education/Higher Education Committee Substitute Adopted 7/7/93

Short Title:  Up Penalties/Weapons in School.	(Public)
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Sponsors:
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Referred to:  Judiciary II.
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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 OR EXPLOSIVE ON EDUCATIONAL PROPERTY OR KNOWINGLY TO ALLOW A MINOR TO POSSESS OR CARRY A FIREARM OR EXPLOSIVE ON EDUCATIONAL PROPERTY, TO MAKE IT A MISDEMEANOR KNOWINGLY TO ALLOW A MINOR TO TAKE OR POSSESS OTHER TYPES OF WEAPONS ON EDUCATIONAL PROPERTY, TO DIRECT THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY TO STUDY THE STATE'S CRIMINAL STATUTES TO DETERMINE WHETHER A PARENT OR OTHER INDIVIDUAL ENTRUSTED WITH THE CARE OR SUPERVISION OF A MINOR MAY BE PROSECUTED UNDER EXISTING LAWS FOR FAILURE TO SAFELY STORE A WEAPON, AND TO DIRECT THE STATE BOARD OF EDUCATION TO DEVELOP A MODEL CURRICULUM AND GUIDE FOR WEAPON SAFETY.
Whereas, Governor James B. Hunt, Jr. appointed the Task Force on School Violence to address the problems of safety in the public schools of North Carolina; and
Whereas, the Task Force was cochaired by the Attorney General, the Superintendent of Public Instruction, and the Secretary of Crime Control and Public Safety; and
Whereas, the Task Force held public meetings throughout the State and surveyed all the public schools in the State; and
Whereas, the hearings and the survey results reveal that there has been an increase in violent behavior in the schools, including incidents involving firearms and weapons; and
Whereas, the Governor brought the Task Force report to the attention of the General Assembly; and
Whereas, the Task Force recommended that the General Assembly should provide for weapon-free schools by strengthening laws concerning firearms and other weapons on school property; and
Whereas, the General Assembly recognizes the need to enforce safe schools so that students may learn and achieve; and
Whereas, the General Assembly believes that it is the responsibility of parents to teach their children behavior that will promote safe schools; Now, therefore,
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)	The following definitions apply to this section:
(1)	Educational property. – Any public or private school building or bus, public or private school campus, grounds, recreational 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.
(2)	Student. – A person enrolled in a public or private school, college or university, or a person who has been suspended or expelled within the last five years from a public or private school, college or university, whether the person is an adult or a minor.
(3)	Switchblade knife. – A knife containing a blade or blades which open automatically by the release of a spring or a similar contrivance.
(4)	Weapon. – Any device enumerated in subsection (b) or (d) of this section.
(b)	It shall be a Class I felony for any person 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, on educational property.
(c)	It shall be a Class I felony for any person knowingly to allow a minor who is less than 18 years old 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, on educational property.
(d)	It shall be a misdemeanor for any person to possess or carry, whether openly or concealed, any bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e)	It shall be a misdemeanor for any person knowingly to allow a minor who is less than 18 years old to possess or carry, whether openly or concealed, any bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(f)	This section shall not apply to:
(1)	A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority;
(2)	Armed forces personnel, officers and soldiers of the militia and national guard, law enforcement personnel, and any private police employed by an education institution, when acting in the discharge of their official duties; or
(3)	A person who:
a.	Is not a student attending school on the educational property;
b.	Is on the educational property for the purpose of transporting a student attending school on the educational property or an employee employed on the educational property; and
c.	Does not brandish the weapon.
(4)	Home schools as defined in G.S. 115C-563(a)."
Sec. 2.  The Department of Crime Control and Public Safety shall study the existing State criminal statutes and consider how the current statutory scheme relates to weapons, the safekeeping of weapons, and the accountability of a parent or other individual who irresponsibly keeps or stores weapons so that they are accessible to minors in willful and wanton disregard for the safety and rights of others.  The Department of Crime Control and Public Safety shall focus particularly on G.S. 14-318.2 which makes child abuse a misdemeanor and provides in part that any parent of a child less than 16 years of age, or any other person providing care to or supervision of the child who creates or allows to be created a substantial risk of physical injury, upon or to the child by other than accidental means is guilty of the misdemeanor of child abuse.  The Department of Crime Control and Public Safety shall consider whether a parent or other individual entrusted with the care or supervision of a minor may be prosecuted under G.S. 14-318.2, other statutes, or common-law offenses for a criminally negligent act of failure to safely store a weapon.  The Department of Crime Control and Public Safety may also consider any other issues relevant to this study.  The Department of Crime Control and Public Safety shall report its findings and recommended legislation to the Joint Legislative Commission on Governmental Operations by May 1, 1994. 
Sec. 3.  The State Board of Education in consultation with the Wildlife Resources Commission shall develop a model curriculum and guide for firearm and weapon safety and storage which may be used by parents and classroom teachers. The hunter safety course developed by the Wildlife Resources Commission in accordance with G.S. 113-270.1A shall be considered in developing the model curriculum and guide.  The State Board of Education shall report to the Joint Legislative Education Oversight Committee regarding the model curriculum and guide by February 15, 1994.
Sec. 4. Section 1 of this act becomes effective December 1, 1993, and applies to offenses committed on or after that date.  The remainder of this act is effective upon ratification.