§ 4004 - Possession of dangerous or deadly weapon in a school bus or school building or on school property
§ 4004. Possession of dangerous or deadly weapon in a school bus or school building or on school property
(a) No person shall knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this section shall, for the first offense, be imprisoned not more than one year or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.
(b) No person shall knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. A person who violates this section shall, for the first offense, be imprisoned not more than two years or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.
(c) This section shall not apply to:
(1) A law enforcement officer while engaged in law enforcement duties.
(2) Possession and use of firearms or dangerous or deadly weapons if the board of school directors, or the superintendent or principal if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes.
(d) As used in this section:
(1) "School property" means any property owned by a school, including motor vehicles.
(2) "Owned by the school" means owned, leased, controlled or subcontracted by the school.
(3) "Dangerous or deadly weapon" has the meaning defined in section 4016 of this title.
(4) "Firearm" has the meaning defined in section 4016 of this title.
(5) "Law enforcement officer" has the meaning defined in section 4016 of this title.
(e) The provisions of this section shall not limit or restrict any prosecution for any other offense, including simple assault or aggravated assault. (Amended 1989, No. 143 (Adj. Sess.), § 1; 1999, No. 113 (Adj. Sess.), § 11.)