PC §209(A) - POSSESSING A FIREARM ON GOVERNMENT PROPERTY

CLASS F FELONY

(a) Definition

Possessing a firearm on government property is defined as the unlawful possession, carrying, or control of a firearm, whether concealed or openly carried, on any government-owned or operated premises, including but not limited to courthouses, legislative offices, law enforcement buildings, or other government facilities, without proper legal authorization.

(b) Elements of the Offense

To prove possession of a firearm on government property, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant possessed, carried, or controlled a firearm.

2. The firearm was possessed on government-owned or operated property.

3. The defendant did not have legal authorization to possess the firearm in that location.

4. The defendant acted knowingly and without lawful justification or excuse.

(c) Firearms Possession Rights

Individuals are generally prohibited from possessing firearms on government property unless authorized by law. This may include possession by law enforcement officers, security personnel, or individuals with specific permits or government authorization.

(d) Defenses

Defenses to a charge of possessing a firearm on government property may include, but are not limited to:

1. Lack of Knowledge: The defendant did not know or have reason to know they were on government property.

2. Legal Authorization: The defendant had proper legal authorization to possess a firearm on government property.

3. Involuntary Possession: The defendant possessed the firearm temporarily due to extraordinary circumstances (e.g., turning the firearm over to law enforcement).

4. Mistaken Location: The defendant was not aware that the area was designated as government property.

(e) Penalties

Possession of a firearm on government property is classified as a Class F Felony and may result in the following penalties:

• Jail Time: Up to 120 seconds of jail time.

• Bond Set: $100,000.00, subject to adjustment based on the jurisdiction’s regulations.

• Revocation of Concealed Carry Licenses if applicable.