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Thread: Mca 45-8-361

  1. #1
    Regular Member sledgehammer's Avatar
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    Mca 45-8-361

    Hello. Have not posted in a long time. I have a few questions. I was looking at the MCA codes 45-8-360. Also 45-8-361. My questions are on 45-8-361 section B. It states that I cannot conceal carry on school ground or in side the building? But it states I think that Icould carry with a letter or a note from the principal of the school that's were these two MCA codes are getting me. 45-8-360 says that the federal gun free school zone act u can't carry but on a forum here says it was nullified.
    Thanks for the help

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    Gotta link to the statues?

    many more will respond if they do not have to navigate for it.

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    Regular Member sledgehammer's Avatar
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    Last edited by sledgehammer; 11-07-2014 at 02:30 AM.

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    (b) The trustees of a district may grant persons and entities advance permission to possess, carry, or store a weapon in a school building. ..... from sec 361 ...

    Its an exception ... not an exemption ...

    Get permission (written) and you would be good to go. Not principal's permission though..

    Will they? Nah...

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    Regular Member sledgehammer's Avatar
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    I talked to my sons principal about this.. He is former military he was quite intrigued by this when I told him what I found he said he would also do some looking into as would I. He thinks that all law abiding citizens should be able to carry in schools along with some staff since these school shootings I am from wWashington state and we could carry on property just not in the building.

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    Campaign Veteran slapmonkay's Avatar
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    sledgehammer,

    MCA 45-8-360 is the individual licensee statement in regards to the federal gun free zones. This allows anyone legally allowed by Montana State Constitution to be individually licensed in regards to the federal gun free zones act. This MCA specifically is suppose to negate the federal gun free zones act. Note that this MCA has not been tested in court.

    MCA 45-8-361 is Montana's no carry in school building law. The restrictions within this MCA are specific to the school building (perhaps football fields too). It does have a series of exemptions, such as getting written approval by the school board trustees. Also note that the federal gun free zone has an exception as well for "an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;" [18 U.S.C. § 922(q)(2)(B)(v)]

    Typically, it is generally known that guns are not allowed in school buildings. You can, if you know the right people perhaps get the approval required to be able to carry in a school building though.

    In Montana you should be okay to carry on school property. However, I am not a lawyer nor should this be considered legal advise. As my signature states, verify all facts presented independently or ask a lawyer if you want an official legal analysis.
    Last edited by slapmonkay; 11-07-2014 at 01:17 PM.
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

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    Regular Member sledgehammer's Avatar
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    Ok thank you guys for advice. I will give information to the principal and have him go over it and see what he thinks also

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    Quote Originally Posted by slapmonkay View Post
    sledgehammer,

    MCA 45-8-360 is the individual licensee statement in regards to the federal gun free zones. This allows anyone legally allowed by Montana State Constitution to be individually licensed in regards to the federal gun free zones act. This MCA specifically is suppose to negate the federal gun free zones act. Note that this MCA has not been tested in court.

    MCA 45-8-361 is Montana's no carry in school building law. The restrictions within this MCA are specific to the school building (perhaps football fields too). It does have a series of exemptions, such as getting written approval by the school board trustees. Also note that the federal gun free zone has an exception as well for "an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;" [18 U.S.C. § 922(q)(2)(B)(v)]

    Typically, it is generally known that guns are not allowed in school buildings. You can, if you know the right people perhaps get the approval required to be able to carry in a school building though.

    In Montana you should be okay to carry on school property. However, I am not a lawyer nor should this be considered legal advise. As my signature states, verify all facts presented independently or ask a lawyer if you want an official legal analysis.
    slapmonkey - so the basic montana law says you can carry concealed on school property just not inside the buildings ?

  9. #9
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by NosePicker View Post
    slapmonkey - so the basic montana law says you can carry concealed on school property just not inside the buildings ?
    Correct, unless you are a student. No state law exists that makes it illegal to carry openly or concealed on school property, only in school buildings (which is MCA 45-8-361).

    MCA 20-5-202 (3) covers actions covered by a student and a districts right to suspend/expel.

    Quote Originally Posted by MCA 20-5-202(3)
    (3) In accordance with 20-4-302, 20-4-402, 20-4-403, and subsection (1) of this section, a teacher, a superintendent, or a principal shall suspend immediately for good cause a student who is determined to have brought a firearm to school.
    For the general public, an example excerpt from a school district policy regarding firearms (note, the bold face is copied directly from the policy):

    Quote Originally Posted by Excerpt from a MT School District Policy
    26 The District will refer to law enforcement for immediate prosecution any person who possesses,
    27 carries, or stores a weapon in a school building, and the District may take disciplinary action as
    28 well in the case of a student. In addition the District will refer for possible prosecution a parent
    29 or guardian of any minor violating this policy on grounds of allowing a minor to possess, carry,
    30 or store a weapon in a school building. (45-8-361 (1) (2))
    31
    32 For the purposes of this section only, “school building” means all buildings owned or leased by a
    33 local school district that are used for instruction or for student activities. (45-8-361 (5a)
    34
    35 The Board may grant persons and entities advance permission to possess, carry, or store a
    36 weapon in a school building. All persons who wish to possess, carry, or store a weapon in a
    37 school building must request permission of the Board at a regular meeting. The Board has sole
    38 discretion in deciding whether to allow a person to possess, carry, or store a weapon in a school
    39 building. (45-8-361 (3b))
    40
    41 This policy does not apply to law enforcement officers acting in his or her official capacity.
    42 (45-8-361 (3a))
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

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