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HB 0875 - Safe Carry Protection Act; enact

Tracking Level: Hot
Sponsor: Rick Jasperse (R)
Last Action: 3/13/2014 - Senate Read Second Time
House Committee: PS&HS
Senate Committee: JUDYNC
Assigned To:
Local Board GovernanceNext Bill
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Staff Analysis of the Legislation

SUMMARY:  LC 41 0185S  The "Safe Carry Protection Act"  The bill is an extensive modification of numerous code sections related to weapons possession.  This analysis only covers those sections relating to K-12.

PROVISIONS:

  • exceptfor school safety zones, a license holder is authorized to carry a weapon in a government building (defined as where a government entity is housed, including school facilities) where ingress into the building is not restricted or screened by security personnel. A person who immediately exits the premises upon notification of failure to clear security school not be guilty of a violation.
  • the term 'weapon' is defined in detail. The definition excludes instruments used for classroom work authorized by the teacher, athletic equipment, military training exercises or sport shooting events.  
  • It shall be unlawful for any person to possess such weapons while within a school safety zone, school function, on on a bus or other transportation furnished by a school.  Violators shall be guilty of a felony and may be punished by a fine of up to $10,000 or imprisonment.  License holders who violate the provisions shall be guilty of a misdemeanor and shall not be arrested but shall be fined not more than $100.
  • local boards, public and private elementary and secondary schools, may authorize in writing personnel to have in their possession weapons while in a school safety zone, school function, or school bus (personnel selected will be on a voluntary basis).  The school system shall be responsible for costs associated with approval.  Such authorization must:
    • specify the weapon(s) authorized and time period of such authorization
    • require specified training of approved personnel
    • list approved types and quantity of weapons and ammunition to be carried
    • exclude personnel whose history indicates any type of mental or emotional instability
    • provide a mandatory method of securing weapons
    • require the personnel to be a license holder
    • systems must conduct an annual criminal background check on such personnel
    • records related to arming personnel shall be exempt from open records requirements
  • prohibitions against weapons in school zones, etc. do not apply to licensed individuals who:
    • are picking up a student, has a weapon in a parked vehicle or is driving through
    • is 21 or older and has a weapon in a locked compartment of a motor vehicle or a locked compartment or a locked firearms rack
      • students are exempted from this prohibition
    • are teachers or other personnel authorized to possess or carry weapons; such weapons must be in a locked compartment of a vehicle, locked container or locked firearms rack in a vehicle
  • persons of age 18 or older qualify for a weapons carry licenses if they have completed basic training in the armed forces or are actively serving in the armed forces or have been honorably discharged.
  • school safety plans shall address security issues in school safety zones and when students are being transported to and from school and school functions as related to this legislation

EFFECTIVE DATE:  Upon approval by the General Assembly and signature by the Governor.

 


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