(v) Traveling with any handgun in such person's possession being unloaded to or from any activity described in
subparagraph (i), (ii), (iii) or (iv) of this paragraph (a) and paragraph (b).
(b) Any person under the age of 18 years who is on real property under the control of an adult and who has the
permission of such adult to possess a handgun.
(3) This section shall not apply to any person who uses a handgun or other firearm to lawfully defend himself from
imminent danger at his home or place of domicile and any such person shall not be held criminally liable for such use of a
handgun or other firearm.
(4) For the purposes of this section, "handgun" means a pistol, revolver or other firearm of any description, loaded or
unloaded, from which any shot, bullet or other missile can be discharged, the length of the barrel of which, not including
any revolving, detachable or magazine breech, is less than 16 inches.
Section 97-37-17. Possession of weapons by students; aiding or encouraging.
(1) The following definitions apply to this section:
(a) "Educational property" shall mean any public or private school building or bus, public or private school campus,
grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school,
college or university board of trustees, or directors for the administration of any public or private educational institution
or during a school-related activity, and shall include the facility and property of the Oakley Youth Development Center,
operated by the Department of Human Services; provided, however, that the term "educational property" shall not
include any sixteenth section school land or lieu land on which is not located a school building, school campus,
recreational area or athletic field.
(b) "Student" shall mean a person enrolled in a public or private school, college or university, or a person who has
been suspended or expelled within the last 5 years from a public or private school, college or university, or a person in
the custody of the Oakley Youth Development Center, operated by the Department of Human Services, whether the
person is an adult or a minor.
(d) "Weapon" shall mean any device enumerated in subsection (2) or (4) of this section.
(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other
firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property.
However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this subsection shall be
guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or committed to the custody of the
State Department of Corrections for not more than 3 years, or both.
(3) It shall be a 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, or any dynamite cartridge, bomb,
grenade, mine or powerful explosive on educational property. However, this subsection does not apply to a BB gun, air
rifle or air pistol. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined
not more than $5,000, or committed to the custody of the State Department of Corrections for not more than 3 years, or
both.
(4) It shall be a misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, air rifle, air
pistol, … on educational property. Any person violating this subsection shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $1,000, or be imprisoned not exceeding 6 months, or both.
(5) It shall be a 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, air rifle, air pistol, on educational property. Any person violating this
subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or be
imprisoned not exceeding 6 months, or both.
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle,
pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.
(7) This section shall not apply to:
(a) 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;
(b) Armed Forces personnel of the United States, officers and soldiers of the militia and National Guard, law
enforcement personnel, any private police employed by an educational institution, State Militia or Emergency