PC §209(B) - POSSESSING A FIREARM IN A SCHOOL OR UNIVERSITY
CLASS F FELONY
(a) Definition
Possessing a firearm in a school or university is defined as the unlawful possession, carrying, or control of a firearm, whether concealed or openly carried, on the grounds of any educational institution, including but not limited to public or private schools, colleges, or universities, without proper legal authorization.
(b) Elements of the Offense
To prove possession of a firearm in a school or university, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant possessed, carried, or controlled a firearm.
The firearm was possessed on the grounds of a school, college, or university.
The defendant did not have legal authorization to possess the firearm in that location.
The defendant acted knowingly and without lawful justification or excuse.
(c) Firearms Possession Rights
Firearms are generally prohibited on school or university grounds unless authorized by law. This may include exceptions for law enforcement officers, security personnel, or individuals who have obtained specific permits allowing them to possess a firearm on educational property.
(d) Defenses
Defenses to a charge of possessing a firearm in a school or university may include, but are not limited to:
Lack of Knowledge: The defendant did not know or have reason to know they were on school or university grounds.
Legal Authorization: The defendant had legal permission to possess a firearm on the educational property.
Involuntary Possession: The defendant possessed the firearm temporarily due to extraordinary circumstances (e.g., surrendering the firearm to law enforcement).
Mistaken Location: The defendant was not aware that they were on school or university property.
(e) Penalties
Possession of a firearm in a school or university 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.
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