IAAM Safety and Security Task Force

Model State Law

Objective: To restrict and eliminate the carrying of weapons and firearms on the premises of any Public Assembly Facility within the State of ____________.

 Whereas, public assembly facilities act as a mass public gathering place for the public to view and participate in sporting events, concerts, religious meetings, theatrical performances, and other events;

 Whereas, this State (Commonwealth) has laws that allow the carrying of a registered and licensed firearm by private persons;

 Whereas, the need for heightened security at all airports and flight restrictions over public assembly facilities has been recognized by the United States Federal Aviation Administration;

 Whereas, the need for heightened security at federal buildings, atomic plants, chemical facilities and other facilities has been recognized by the United States Congress and the President of the United States;

 Whereas, the need for heightened security at certain “special events” have been recognized by the President of the United States and the Federal Office of Homeland Security, by providing increased security, personnel and consultation to the National Football League’s Super Bowl Game and Salt Lake Winter Olympic Games of 2002;

 Whereas, there has long been a desire to increase the safety for all patrons at public assembly facilities and reduce the risk of harm to thousands patrons from firearms and weapons;

 Whereas, the need for increased security measures at all places of public gathering has increased since the tragic events of September 11, 2001;

 Whereas, the need for increased security at all places of public accommodation has been recognized by businesses and state and federal government offices across the country;

 Now, therefore, the propose the following :
 

A BILL

 To restrict and eliminate the carrying of weapons and firearms on the premises of any Public Assembly Facility.

 Be it enacted by the  XX chambers of this state legislature

 Section 1 Short Title

                This Act may be cited as the Freedom and Safety in Public Assembly Act of 2002

 Section 2 Definitions

              “Public Assembly Facility” includes all stadiums, arenas, convention centers, auditoriums, coliseums, performing art centers, theaters, fairgrounds, state fairs, and other such places of public assembly and gathering, whether owned or operated by a private or public entity. It shall  also include any building or structure owned, operated, leased, or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation, or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.

“Premises” includes the building in which public events are held, its surrounding sidewalks, adjacent parking areas, and any and all adjacent structures owned, operated and controlled by said public assembly facility, its management, or operating authority.

“Weapon” means and includes any deadly weapon, destructive device, explosive or other dangerous device as defined by Section ____ of  the Code/Statute of   (state name here) and specifically herein  includes:

1. any dirk, metallic knuckles, slingshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person

2. "Tear gas gun" or "chemical weapon or device" or any weapon of such nature, except a device known as a "self-defense chemical spray."

3. any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device.

4. any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators.

5. any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.

   "Law enforcement officer" means:

1. All officers or employees of the United States or the State of XXXX, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;

2. Officers or employees of the United States or the State of XXXX, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;

3. Members of the Armed Forces of the United States, the organized reserves, state militia, or State National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;

4. An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;

5. All peace officers;

6. All state attorneys and United States attorneys and their respective assistants and investigators.

 Section 3

(1)     A person found to be carrying a firearm or a weapon, as defined by this section, on the premises or within 500 feet of a public assembly facility commits an offense under this code punishable by a fine of $10,000 and imprisonment for a period not to exceed 5 years.

(2)     A  holder of a license to carry a concealed handgun shall be found to commit trespass if he or she brings said firearm on the premises of a public assembly facility and will be subject to a minimum fine of $5,000.

(3)     Public Assembly facilities, as defined herein, shall place a notice in its lobby and at its entrances informing the public of said restrictions, to be written in both English and Spanish. Said notice will provide constructive notice to all people entering the public assembly facility of this law, its restrictions, and punishments.  Said notice shall additionally be included in any published information about the public assembly facility, written or electronic, within one year from the date of enactment of this statute, and shall be available in alternate formats upon advance request.

(4)     Any public assembly facility, upon discovering a weapon upon a person on its premises, shall immediately confiscate said weapon and inform local law enforcement for immediate action in accordance with this section.

(5)     Public assembly facilities may, but shall not be required to perform a search of each and every person entering its facilities beyond its normal security screening procedures.

(6)     Law Enforcement Officers, as defined by this section, are exempted from said law only when carrying said weapon in the course of duty on the premises of any public assembly facility. Any Law enforcement officer not immediately engaged in the course of duty at the time the weapon is discovered shall be subject to the full enforcement of all penalties set forth in this section.