§ 4004. Possession of dangerous or deadly weapon in a school bus or school building or on school property

(a) No person shall knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this section shall, for the first offense, be imprisoned for not more than one year or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned for not more than three years or fined not more than $5,000.00, or both.

(b) No person shall knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. A person who violates this section shall, for the first offense, be imprisoned for not more than three years or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

(c) This section shall not apply to:

(1) A law enforcement officer while engaged in law enforcement duties.

(2) Possession and use of firearms or dangerous or deadly weapons if the board of school directors, or the superintendent or principal if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes.

(d) As used in this section:

(1) "School property" means any property owned by a school, including motor vehicles.

(2) "Owned by the school" means owned, leased, controlled, or subcontracted by the school.

(3) "Dangerous or deadly weapon" shall have the same meaning as in section 4016 of this title.

(4) "Firearm" shall have the same meaning as in section 4016 of this title.

(5) "Law enforcement officer" shall have the same meaning as in section 4016 of this title.

(e) The provisions of this section shall not limit or restrict any prosecution for any other offense, including simple assault or aggravated assault. (Amended 1989, No. 143 (Adj. Sess.), § 1; 1999, No. 113 (Adj. Sess.), § 11; 2017, No. 135 (Adj. Sess.), § 3, eff. May 21, 2018.)