DEFENSE ON CARRYING ON SCHOOL PROPERTY
39-17-1310. Affirmative defense to carrying weapons on school property. It is an affirmative defense to prosecution under 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications: (1) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution; (2) A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on such public or private lands unless the lands of the educational institution are posted prohibiting such entry; (3) A person possessing guns or knives when conducting or attending "gun and knife shows" and such program has been approved by the administrator of the educational institution; or (4) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle. [Acts 1989, ch. 591, 1; 1991, ch. 510, 4.]

Back: