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SENATE BILL NO. 65
INTRODUCED BY D. SHEA
BY REQUEST OF THE DEPARTMENT OF JUSTICE
A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THE SCHOOL WEAPON POSSESSION LAW TO MAKE IT ILLEGAL TO POSSESS A WEAPON IN OR ON SCHOOL PROPERTY; AMENDING SECTION 45-8-361, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-8-361, MCA, is amended to read:
"45-8-361. Possession or
(3) (a) Subsection (1) does not apply to law enforcement personnel.
storing of a
all or a
(4) (a) A person convicted under this section shall be fined an amount not to exceed $500, imprisoned in the county jail for a term not to exceed 6 months, or both. The court shall consider alternatives to incarceration that are available in the community.
(b) (i) A weapon in violation of this section may be seized and, upon conviction of the person possessing or permitting possession of the weapon, may be forfeited to the state or returned to the lawful owner.
(ii) If a weapon seized under the provisions of this section is subsequently determined to have been stolen or otherwise taken from the owner's possession without permission, the weapon must be returned to the lawful owner.
(5) As used in this section, the following definitions apply:
leased by a
are used for
by a local
(A) property used for instruction, administration, or student activities; or
(B) playgrounds, steps, parking lots, administration buildings, athletic facilities, gymnasiums, locker rooms, and buses.
(ii) The term does not include a home school provided for in 20-5-109, a unit of the university system as provided in 20-25-201, or a nonpublic institution of higher education or property that is owned by a school district and that is rented or leased to a person and is not used for instruction or student activities.
knife with a
blade 4 or
nun-chucks, or brass or
NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 1999.
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