As of April 4, 2023, 74 people have been killed or injured by guns in schools this year in 13 separate school shootings. School shootings hit a record high in 2022 with 46 shootings, surpassing 2021’s record of 42 shootings. In 2022, 43,450 children experienced a school shooting. The purpose of this bill is to enable a police officer to act immediately when the officer sees or suspects that a person possesses a firearm in a Safe School and Recreation Zone.
This Act establishes the crime of Possession of a firearm in a Safe School and Recreation Zone as a class E felony. This bill makes it a crime for a person to possess a firearm in a Safe School and Recreation Zone except a police officer or a constable or active-duty member of the armed forces who are acting in an official capacity within for the Safe School and Recreation Zone. The bill also exempts holders of a valid license to carry concealed weapons but only if the firearm is in a vehicle. The possession of a firearm under this bill does not apply if (1) the person is on private property which is not part of school grounds; (2) the firearm is in a locked container or locked firearms rack that is on or in a motor vehicle; or (3) when engaged in lawful hunting, firearms instruction, or firearm-related sports on public lands not belonging to a school. This bill provides that in addition to other penalties, a student who possesses a firearm in a Safe School and Recreation Zone, shall be expelled for a period of not less than 90 days, but the local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion.
This Act repeals the crime of Possession of a Weapon in a Safe School and Recreation Zone, but provides a Savings Clause which enables a prosecution for such crime if the offense occurred before the repeal is enacted.