Bills › 89th General Assembly
Relating to the carrying of weapons including on the grounds of a school, community college, or university, and providing penalties
Topics:K–12 educationHigher educationPublic safety & emergencies
Where it is now
- Done: IntroducedFebruary 2, 2021
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to the carrying of weapons including on school grounds or in the buildings or on the grounds of a community college or university. DIVISION I —— CARRYING AND POSSESSING WEAPONS INCLUDING ON SCHOOL DISTRICT PROPERTY.4 by striking the current penalty for carrying dangerous weapons. Instead, the bill amends the current crime of going armed with a knife in the commission of a crime, an aggravated misdemeanor, to provide that a person who goes armed with a knife on or about the person, or who used the knife in the commission of a crime, commits an aggravated misdemeanor.
Read the full explanation
An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.4 in the bill.4B, relating to the carrying of weapons on school grounds, to specifically include certain categories of persons who are authorized to carry weapons on school grounds. The bill provides that a person may go armed with, carry, or transport a concealed pistol or revolver on school district property that comprises its driveways, parking lots, and sidewalks. The bill provides that a school shall be immune from any claim, cause of action, or lawsuit by a person seeking damages that are alleged, directly or indirectly, as a result of a concealed pistol or revolver brought onto school district property by a person pursuant to the bill.7.4B commits a class “D” felony. A class “D” felony, as referenced in the bill, is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.5 relating to a person’s duty to carry a valid permit to carry certain weapons for which a permit has been issued to the person and replaces that Code section with language providing that the availability of a professional or nonprofessional permit to carry weapons shall not be construed to impose a general prohibition on the unlicensed carrying, whether openly or concealed, of a dangerous weapon, including a loaded firearm. A dangerous weapon is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and that is capable of inflicting death upon a human being when used in the manner for which it was designed, except a bow and arrow when possessed and used for hunting or any other lawful purpose. Additionally, any instrument or device of any sort whatsoever that is actually used in such a manner as to indicate that the defendant intends to inflict death or serious injury upon the other, and that, when so used, is capable of inflicting death upon a human being, is a dangerous weapon. Dangerous weapons include but are not limited to any offensive weapon, pistol, revolver, other firearm, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person. DIVISION II —— CONCEALED CARRY ON COLLEGES AND UNIVERSITIES. The bill provides that the governing board of a university under the control of the state board of regents as provided in Code chapter 262 or a community college under the jurisdiction of a board of directors for a merged area as provided in Code chapter 260C shall not adopt or enforce any policy or rule that prohibits the carrying, transportation, or possession of any dangerous weapon in the buildings or on the grounds of such a college or university. The bill provides that a governing board found to be in violation of the bill shall be assessed a civil penalty of between $2,500 and $5,000 and shall pay the plaintiff’s reasonable attorney fees and court costs. The bill may be enforced by the state or through a private cause of action. The bill specifies that the civil penalty shall be deposited into the general fund of the state.