PC §209(C) - POSSESSING A FIREARM IN A HOSPITAL OR HEALTH FACILITY
CLASS F FELONY
(a) Definition
Possessing a firearm in a hospital or health facility is defined as the unlawful possession, carrying, or control of a firearm, whether concealed or openly carried, on the premises of any hospital, clinic, or other healthcare facility, without proper legal authorization.
(b) Elements of the Offense
To prove possession of a firearm in a hospital or health facility, 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 premises of a hospital, clinic, or health facility.
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 in hospitals or healthcare facilities unless authorized by law. This may include exceptions for law enforcement officers, security personnel, or individuals with specific permits allowing them to possess a firearm within a healthcare setting.
(d) Defenses
Defenses to a charge of possessing a firearm in a hospital or health facility may include, but are not limited to:
Lack of Knowledge: The defendant did not know or have reason to know they were on the premises of a hospital or health facility.
Legal Authorization: The defendant had legal permission to possess a firearm in the healthcare facility.
Involuntary Possession: The defendant possessed the firearm temporarily due to extraordinary circumstances (e.g., turning the firearm over to security or law enforcement).
Mistaken Location: The defendant was not aware that they were on hospital or healthcare facility 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.
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