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In the state of North Carolina there is a very healthy hunting culture, thus creating the need for very strict laws on the possession of firearms. The state is also in the habit of allowing personal concealed weapons, however, this is only the case if the required classes and background investigation have been completed. As such, the subject of firearms is a popular discussion within North Carolina culture, which also includes our youth. From the standpoint of a Wake County Criminal Defense Attorney it important to understand the consequences of Possession of Weapon on school grounds and the ways this could affect the education system. For residents of North Carolina, it is considered a Class 1 felony to possess a firearm that is shown openly or concealed on the property of an education institution. This also covers any area designated by the school system for extracurricular activities sponsored for students. To truly understand the applications of this statute there are a few key concepts you must grasp first. To begin we need to define what the law means by Educational Property, which can be understood as any school building or bus, school campus or grounds, recreational area, athletic field, and other property owned, used or operated by any board of education, board of trustees, or directors for the administration school. Remember that this statute is applicable to any weapon whether it is concealed or presented openly and, ironically, the weapon does not have to be operable to receive this charge. Now that there is a understanding of the foundation of this law and what elements contribute to satisfying this offense, the next step is to explain the procedures involved in sentencing. A good http://raleighdwiattorney.blogspot.com/>Raleigh Criminal Attorney will tell you that the state does not need to prove criminal intent, also known as mens rea or ‘guilty mind’, to convict a defendant on Possession of a Weapon on school grounds. If the defendant is not a student in attendance at the educational facility on that property then the offense is dropped to a Class 1 misdemeanor rather than a felony. Also if the defendant 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, then this also becomes a misdemeanor offense. Outside of any of these extraneous circumstances, this offense will be tried as Class 1 felony. With all the recent tragedies going on as a result of gun violence on school grounds it not difficult to imagine why having conversations on this issue are so important. It is unthinkable that students in high school would carry around weapons, but this is the case we need to seriously question parenting practices. This has been a legal message from a local Cary Criminal Lawyer. Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives
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