§ 14-269.2. Weapons on campus or other educational property.
§ 14‑269.2. Weapons oncampus or other educational property.
(a) The followingdefinitions apply to this section:
(1) Educationalproperty. Any school building or bus, school campus, grounds, recreationalarea, athletic field, or other property owned, used, or operated by any boardof education or school board of trustees, or directors for the administrationof any school.
(1a) Employee. A personemployed by a local board of education or school whether the person is an adultor a minor.
(1b) School. A public orprivate school, community college, college, or university.
(2) Student. A personenrolled in a school or a person who has been suspended or expelled within thelast five years from a school, 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 springor a similar contrivance.
(4) Weapon. Any deviceenumerated in subsection (b), (b1), or (d) of this section.
(b) It shall be a ClassI felony for any person to possess or carry, whether openly or concealed, anygun, rifle, pistol, or other firearm of any kind on educational property or toa curricular or extracurricular activity sponsored by a school. Unless theconduct is covered under some other provision of law providing greaterpunishment, any person who willfully discharges a firearm of any kind oneducational property is guilty of a Class F felony. However, this subsectiondoes not apply to a BB gun, stun gun, air rifle, or air pistol.
(b1) It shall be a ClassG felony for any person to possess or carry, whether openly or concealed, anydynamite cartridge, bomb, grenade, mine, or powerful explosive as defined inG.S. 14‑284.1, on educational property or to a curricular orextracurricular activity sponsored by a school. This subsection shall not applyto fireworks.
(c) It shall be a ClassI felony for any person to cause, encourage, or aid a minor who is less than 18years old to possess or carry, whether openly or concealed, any gun, rifle,pistol, or other firearm of any kind on educational property. However, thissubsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(c1) It shall be a ClassG felony for any person to cause, encourage, or aid a minor who is less than 18years old to possess or carry, whether openly or concealed, any dynamitecartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1on educational property. This subsection shall not apply to fireworks.
(d) It shall be a Class1 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, razorsand razor blades (except solely for personal shaving), firework, or any sharp‑pointedor edged instrument except instructional supplies, unaltered nail files andclips and tools used solely for preparation of food, instruction, andmaintenance, on educational property.
(e) It shall be a Class1 misdemeanor for any person to cause, encourage, or aid a minor who is lessthan 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, leadedcane, switchblade knife, blackjack, metallic knuckles, razors and razor blades(except solely for personal shaving), firework, or any sharp‑pointed oredged instrument except instructional supplies, unaltered nail files and clipsand tools used solely for preparation of food, instruction, and maintenance, oneducational property.
(f) Notwithstandingsubsection (b) of this section it shall be a Class 1 misdemeanor rather than aClass 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 propertyor to a curricular or extracurricular activity sponsored by a school if:
(1) The person is not astudent attending school on the educational property or an employee employed bythe school working on the educational property; and
(1a) The person is not astudent attending a curricular or extracurricular activity sponsored by theschool at which the student is enrolled or an employee attending a curricularor extracurricular activity sponsored by the school at which the employee isemployed; and
(2) Repealed by SessionLaws 1999‑211, s. 1, effective December 1, 1999, and applicable tooffenses committed on or after that date.
(3) The firearm is notloaded, is in a motor vehicle, and is in a locked container or a locked firearmrack.
(4) Repealed by SessionLaws 1999‑211, s. 1, effective December 1, 1999, and applicable tooffenses committed on or after that date.
(g) This section shallnot apply to any of the following:
(1) A weapon used solelyfor educational or school‑sanctioned ceremonial purposes, or used in aschool‑approved program conducted under the supervision of an adult whosesupervision has been approved by the school authority.
(1a) A person exempted bythe provisions of G.S. 14‑269(b).
(2) Firefighters,emergency service personnel, and North Carolina Forest Service personnel, andany private police employed by a school, when acting in the discharge of theirofficial duties.
(3) Home schools asdefined in G.S. 115C‑563(a).
(4) Weapons used forhunting purposes on the Howell Woods Nature Center property in Johnston Countyowned by Johnston Community College when used with the written permission ofJohnston Community College or for hunting purposes on other educationalproperty when used with the written permission of the governing body of theschool that controls the educational property.
(5) A person registeredunder Chapter 74C of the General Statutes as an armed armored car service guardor an armed courier service guard when acting in the discharge of the guard'sduties and with the permission of the college or university.
(6) A person registeredunder Chapter 74C of the General Statutes as an armed security guard while onthe premises of a hospital or health care facility located on educationalproperty when acting in the discharge of the guard's duties with the permissionof the college or university.
(h) No person shall beguilty of a criminal violation of this section with regard to the possession orcarrying of a weapon so long as both of the following apply:
(1) The person comesinto possession of a weapon by taking or receiving the weapon from anotherperson or by finding the weapon.
(2) The person deliversthe weapon, directly or indirectly, as soon as practical to law enforcementauthorities. (1971,c. 241, ss. 1, 2; c. 1224; 1991, c. 622, s. 1; 1993, c. 539, s. 164; c. 558, s.1; 1994, Ex. Sess., c. 14, s. 4(a), (b); 1995, c. 49, s. 1; 1997‑238, s.2; 1999‑211, s. 1; 1999‑257, s. 3, 3.1; 2003‑217, s. 1; 2004‑198,ss. 1, 2, 3; 2006‑264, s. 31; 2007‑427, s. 6; 2007‑511, s.12.)