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
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 1998 Senate Bills
Current Bill Summary

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