GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-211
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 education
or school board of trustees, or directors for the administration of any public
or private educational institution. school.
(1a) Employee. -- A person employed by a local board of education or school whether the person is an adult or a minor.
(1b) School. - A public or private school, community college, college, or university.
(2) Student. - A person
enrolled in a public or private school, college or university, school
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 that opens 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. property or to a curricular or extracurricular
activity sponsored by a school. However, this subsection does not
apply to a BB gun, stun gun, air rifle, or air pistol.
(c) It shall be a Class I felony for any person to cause, encourage, or aid 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. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, 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 Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, 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) Notwithstanding
subsection (b) of this section it shall be a Class 1 misdemeanor rather than 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, on educational property if:
or to a curricular or extracurricular activity sponsored by a school if:
(1) The person is not a
student attending school on the educational property; property or an
employee employed by the school working on the educational property; and
(1a) The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and
(2) The firearm
is not concealed within the meaning of G.S. 14-269;
(3) The firearm is not loaded
and is in a locked container, a locked vehicle, or a locked firearm rack which
is on a motor vehicle; and loaded, is in a motor vehicle, and is in a
locked container or a locked firearm rack.
(4) The person
does not brandish, exhibit, or display the firearm in any careless, angry, or
threatening manner.
(g) 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;
(1a) A person exempted by the provisions of G.S. 14-269(b);
(2) Firefighters, emergency service personnel, North Carolina Forest Service personnel, and any private police employed by an educational institution, when acting in the discharge of their official duties; or
(3) Home schools as defined in G.S. 115C-563(a).
(h) No person shall be guilty of a criminal violation of this section so long as both of the following apply:
(1) The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon.
(2) The person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities."
Section 2. This act becomes effective December 1, 1999, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 15th day of June, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 11:15 a.m. this 25th day of June, 1999