SB 0737 | Prohibits possession of firearms on school property; creates "The Children's Firearm Accident and Prevention Act" |
Sponsor: | Sims | |||
LR Number: | S3309.01I | Fiscal Note: | 3309-01 | |
Committee: | Civil and Criminal Jurisprudence | |||
Last Action: | 01/28/98 - Hearing Conducted S Civil & Criminal Jurisprudence | Journal page: | ||
Committee | ||||
Title: | ||||
Effective Date: | August 28, 1998 | |||
SB 737 - This act prohibits the possession of firearms on school property and establishes "The Children's Firearm Accident and Prevention Act." It shall be a Class B misdemeanor to carry ammunition for a firearm, or a projectile weapon onto any school bus or other motor vehicle used for the transportation of children to or from school. Under current law, the carrying of a firearm or weapon readily capable of lethal use into any school is a Class B misdemeanor.
It shall be a Class A misdemeanor, with various exceptions, to knowingly possess a firearm or a device that appears to be a firearm within a "school zone." A school zone is defined as in or on, or within 1,000 feet of a school. The act clarifies that a student who violates this provision is subject to expulsion. It shall also be a Class A misdemeanor, with several exceptions, to knowingly and with reckless disregard discharge or attempt to discharge a firearm in a school zone. Again, a student who violates this section is subject to expulsion.
The act creates the crimes of criminal storage of a firearm in the first and second degree. A person commits first degree criminal storage of a firearm if he or she keeps a loaded firearm on the premises and knows or reasonably should know that an unsupervised child may gain access to a firearm that thereby causes death or great bodily injury to another person. A person commits second degree criminal storage of a firearm under the same circumstances as first degree but the child with access to the firearm thereby causes injury to another person, or possesses the firearm in a public place. Criminal storage in the first degree is a Class D felony. Criminal storage in the second degree is a Class A misdemeanor. Numerous exceptions, exigent circumstances, and familial and victim impact circumstances may apply that limit the prosecution of these offenses.
Firearm retailers shall be guilty of a Class A misdemeanor
for failure to conspicuously display a sign warning of possible
civil and criminal liability if a gun owner does not properly
store a firearm. The act also removes the exemption that allows
a person traveling through this state to carry a concealed
weapon.
JOAN GUMMELS