Results 1 to 11 of 11

Thread: Looking for some guidance...

  1. #1
    Regular Member
    Join Date
    Oct 2008
    Location
    Norfolk, Virginia, USA
    Posts
    1,000

    Post imported post

    I'm going to be having a trip to Winston-Salem State University later this year and the event flyer (for the trip) is stating the following:

    No guns are allowed on campus – even locked in the trunk of your car (this is a state school and therefore a felony).

    Can someone help me out with a code cite or point me in the right direction? My google-fu skills are rather weak this morning.

    Thanks in advance!

  2. #2
    Regular Member Juggernaut's Avatar
    Join Date
    Nov 2008
    Location
    Triad, North Carolina, USA
    Posts
    126

    Post imported post


    § 14‑269.2. Weapons on campus or other educational property.

    (a) The following definitions apply to this section:

    (1) Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.

    (1a) Employee. – A person employed by a local board of education or school whether the person is an adult or a minor.

    (1b) School. – A public or private school, community college, college, or university.

    (2) Student. – A person enrolled in a school or a person who has been suspended or expelled within the last five years from a school, whether the person is an adult or a minor.

    (3) Switchblade knife. – A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.

    (4) Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.

    (b) It shall be a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school. Unless the conduct is covered under some other provision of law providing greater punishment, any person who willfully discharges a firearm of any kind on educational property is guilty of a Class F felony. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

    (b1) It shall be a Class G felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1, on educational property or to a curricular or extracurricular activity sponsored by a school. This subsection shall not apply to fireworks.

    (c) It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

    (c1) It shall be a Class G felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1 on educational property. This subsection shall not apply to fireworks.

    (d) It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

    (e) It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

    (f) Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:

    (1) The person is not a student attending school on the educational property or an employee employed by the school working on the educational property; and

    (1a) The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and

    (2) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

    (3) The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.

    (4) Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

    (g) This section shall not apply to any of the following:

    (1) A weapon used solely for educational or school‑sanctioned ceremonial purposes, or used in a school‑approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.

    (1a) A person exempted by the provisions of G.S. 14‑269(b).

    (2) Firefighters, emergency service personnel, and North Carolina Forest Service personnel, and any private police employed by a school, when acting in the discharge of their official duties.

    (3) Home schools as defined in G.S. 115C‑563(a).

    (4) Weapons used for hunting purposes on the Howell Woods Nature Center property in Johnston County owned by Johnston Community College when used with the written permission of Johnston Community College or for hunting purposes on other educational property when used with the written permission of the governing body of the school that controls the educational property.

    (5) A person registered under Chapter 74C of the General Statutes as an armed armored car service guard or an armed courier service guard when acting in the discharge of the guard's duties and with the permission of the college or university.

    (6) A person registered under Chapter 74C of the General Statutes as an armed security guard while on the premises of a hospital or health care facility located on educational property when acting in the discharge of the guard's duties with the permission of the college or university.

    (h) No person shall be guilty of a criminal violation of this section with regard to the possession or carrying of a weapon so long as both of the following apply:

    (1) The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon.

    (2) The person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities. (1971, c. 241, ss. 1, 2; c. 1224; 1991, c. 622, s. 1; 1993, c. 539, s. 164; c. 558, s. 1; 1994, Ex. Sess., c. 14, s. 4(a), (b); 1995, c. 49, s. 1; 1997‑238, s. 2; 1999‑211, s. 1; 1999‑257, s. 3, 3.1; 2003‑217, s. 1; 2004‑198, ss. 1, 2, 3; 2006‑264, s. 31; 2007‑427, s. 6; 2007‑511, s. 12.)

    http://www.ncleg.net/EnactedLegislat..._14-269.2.html

  3. #3
    Regular Member
    Join Date
    Oct 2008
    Location
    Norfolk, Virginia, USA
    Posts
    1,000

    Post imported post

    Juggernaut wrote:
    (1a) A person exempted by the provisions of G.S. 14‑269(b).
    I take it that 14-269(b) is the code for a concealed carry permit? I'm trying to find what exactly the code is and all I can scrape up is references to the conceal carry permit but nothing concrete.

    The reason I'm looking is my permit (VA) is honored by NC the last time I looked. I am now trying to figure out if NC's G.S. 14-269(b) includes my CHP and therefore puts me into an exempted group.

  4. #4
    Regular Member
    Join Date
    Sep 2009
    Location
    , ,
    Posts
    1

    Post imported post

    If I am not mistaken that code section exempts retired and current law enforcement or any one of the sort who carries a gun. I do know that you can not carry onto a campus in NC conceled or not. Only leo can.

    Edit I found the code. I was correct it exempts leo. Red section is what applies.

    § 14‑269. Carrying concealed weapons.

    (a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.

    (a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances:

    (1) The person is on the person's own premises.

    (2) The deadly weapon is a handgun, and the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24.

    (3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a).

    (b) This prohibition shall not apply to the following persons:

    (1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;

    (2) Civil and law enforcement officers of the United States;

    (3) Officers and soldiers of the militia and the national guard when called into actual service;

    (4) Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties;

    (5) Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.

    (b1) It is a defense to a prosecution under this section that:

    (1) The weapon was not a firearm;

    (2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;

    (3) The defendant possessed the weapon for that legitimate use; and

    (4) The defendant did not use or attempt to use the weapon for an illegal purpose.

    The burden of proving this defense is on the defendant.

    (b2) It is a defense to a prosecution under this section that:

    (1) The deadly weapon is a handgun;

    (2) The defendant is a military permittee as defined under G.S. 14‑415.10(2a); and

    (3) The defendant provides to the court proof of deployment as defined under G.S. 14‑415.10(3a).

    (c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.

  5. #5
    Regular Member Juggernaut's Avatar
    Join Date
    Nov 2008
    Location
    Triad, North Carolina, USA
    Posts
    126

    Post imported post

    EDIT:

    deleted info Hoss addedin previous post.

  6. #6
    Regular Member
    Join Date
    Oct 2008
    Location
    Norfolk, Virginia, USA
    Posts
    1,000

    Post imported post

    And I suppose the fact that the school in question isn't hosting the event but rather leasing the space for a 3rd party to use doesn't change things either?

    Hmm...wouldn't the federal thing about travelling and transport of firearms come into play? I'm starting the day at my house and ending the day at my house.

    If that doesn't apply or work, then I'll have to either find an adjoining parking lot that I *can* use or skip the event altogether.

  7. #7
    Regular Member
    Join Date
    Jul 2008
    Location
    Sneads Ferry, ,
    Posts
    189

    Post imported post

    I haven't been on the campus in a few years but I wouldn't put much hope in finding an alternate parking opportunity without at least a two or three mile stroll.

  8. #8
    Regular Member
    Join Date
    Oct 2008
    Location
    Norfolk, Virginia, USA
    Posts
    1,000

    Post imported post

    Thanks for the responses all.

  9. #9
    Regular Member
    Join Date
    Jul 2008
    Location
    Charlotte, North Carolina, USA
    Posts
    678

    Post imported post

    Now I have a legal question for all you non-lawyers:

    Obviously, I am in NC. I will be travelling to VA for a conference that is school related. I am meeting the group in VA Beach, so I will not be travelling with them. We will never be on VA 'educational grounds'.

    In NC, it would be illegal to carry because it is school related. In VA, there is no law against it.

    Do you feel I am good to carry when at the conference, as I would be under VA laws?

  10. #10
    Regular Member
    Join Date
    Oct 2008
    Location
    Norfolk, Virginia, USA
    Posts
    1,000

    Post imported post

    JDriver1.8t wrote:
    Now I have a legal question for all you non-lawyers:

    Obviously, I am in NC. I will be travelling to VA for a conference that is school related. I am meeting the group in VA Beach, so I will not be travelling with them. We will never be on VA 'educational grounds'.

    In NC, it would be illegal to carry because it is school related. In VA, there is no law against it.

    Do you feel I am good to carry when at the conference, as I would be under VA laws?
    Being as I live in VA... Yes you should be okay. As long as you are not a prohibited person (in VA's eyes), you can do pretty much whatever you want. VA law is funny in that unlike a lot of places, it just tells you what you CANNOT do. If there is no law prohibiting, then you are G2G in most cases. Just remember, IANAL. My advice is only worth what you paid for it. Please verify for yourself or through a trusted lawyer.

    Now the people at the conference *might* be a tad unhappy at you carrying. That's a different can of worms though. If you have the right permit, you could conceal carry. VA & NC recognize each other permits and have a reciprocity agreement in place.

    You'll also want to read up on VA CC laws. The following link has a great deal of info. Link: http://leg1.state.va.us/000/cod/18.2-308.HTM

    You may also want to swing by the VA forum and ask any pertinent / specific questions. One (or more) of the more knowledgeable folks will jump in and help once they see the request for info.

  11. #11
    Regular Member
    Join Date
    Jul 2008
    Location
    Charlotte, North Carolina, USA
    Posts
    678

    Post imported post

    I have a NC CHP, and plan to CC the entire time.

    The only time people will know, is when we go to our traditional dinner. The locations serves alcohol, so I will have to perform the VA Tuck.

    I have read a good bit on the VA laws, and have even gone to a VACDL OC dinner where there were over 100 in attendance.

    The question more comes on the NC side. The proffessors know that I carry, and most of the students do as well. (SCCC director for NC)

    I am just wondering the NC people's thoughts, and bouncing ideas predominantly. I am 99% sure I will carry as usual (legal).

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •