Gun in a Backpack at a School in South CarolinaBringing a weapon onto a school property is a serious gun offense in North Carolina. Given the increasing threat of violence in our schools, this crime is aggressively prosecuted in our state—even against students. If you or your child has been charged with possessing a weapon on school property, you should immediately retain an experienced criminal defense lawyer to defend you.

Possessing a Weapon on School Property Offense in North Carolina

Under N.C.G.S. 14.269-2, it is illegal to knowingly possess or carry a weapon openly or one that is concealed on any educational property or curricular or extracurricular activity at a school. An educational property can be a school building or bus, school campus grounds, athletic field, or another property owned by a board of education or school board trustees, or directors for the administration of a school. Under this law, a school is defined as a private or public school, community college, college, or university.

Many weapons are prohibited from being brought into a school. They include:

  • Firearms
  • Shotguns
  • Rifles
  • BB guns
  • Cutting instruments and tools
  • Brass knuckles
  • Fireworks and explosives
  • Any other weapon that can be used to inflict serious bodily harm

Felony Offenses for Possessing a Weapon on Educational Property

Possessing a weapon on school property is often charged as a felony in North Carolina. There are several different crimes that an individual could be charged with committing, including the following:

  • Class I felony. It is a Class I felony to knowingly possess or carry a gun, rifle, pistol, or another firearm openly or that is concealed on any educational property or curricular or extracurricular activity at a school.
  • Class F felony. The crime becomes a Class F felony if the firearm is discharged on any educational property or curricular or extracurricular activity at a school.
  • Class G felony. If the weapon possessed or carried on any educational property or curricular or extracurricular activity at a school is dynamite, cartridge, bomb, grenade, or another powerful explosive, the offense would be charged as a Class G felony.
  • Class I felony. It is a Class I felony to aid, encourage, or cause a minor under 18 years old to possess a gun, rifle, pistol, or another firearm on any educational property or curricular or extracurricular activity at a school.
  • Class G felony. An individual who aids, encourages, or causes a minor under 18 years old to possess or carry dynamite, cartridge, bomb, grenade, or another powerful explosive would be charged with a Class G felony.

Misdemeanor Crimes for Possessing a Weapon on School Property

A person can be charged with a Class 1 misdemeanor for carrying or possessing some less dangerous weapons or aiding, encouraging, or causing a minor under 18 years old to carry or possess them in an educational property or curricular or extracurricular activity at a school. These weapons include the following:

  • BB gun
  • Stun gun
  • Air pistol
  • Bowie knife
  • Dagger
  • Switchblade
  • Metallic knuckles
  • Razors and razor blades

Penalties for Possessing a Firearm on Educational Property

North Carolina uses a complicated sentencing system that takes into account mitigating and aggravating factors, such as the circumstances of the crime and the defendant’s prior criminal history. For a Class 1 misdemeanor, the sentence can involve a jail sentence, fine, community service, or probation. The sentencing range for any Class 1 misdemeanor punishment is 1 to 120 days.

If someone is convicted of a felony, they will likely be incarcerated. The sentencing range can include the following:

  • Class F felony. The punishment could be 13 to 33 months in prison.
  • Class G felony. The sentence for a Class G felony includes 10 to 25 months in prison.
  • Class I felony. The sentencing range for a Class I felony is 4 to 10 months in prison.
Howard W. Long, II
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