THE COMPLETE TEXT OF INITIATIVE NO. 175 (I-175)
BE IT ENACTED BY THE PEOPLE OF MONTANA:
NEW SECTION. Section 1. Short title. [Sections 1 through 7] may be
cited as the "Montana School Safety Act".
NEW SECTION. Section 2. Purpose. The purpose of [sections 1 through
7] is to allow any school district employee to possess and carry a
concealed handgun in a school so the employee can defend and protect
any students at the school as needed if that employee has a
concealed weapon permit issued pursuant to 45-8-321, and to prohibit
any school authorities from prohibiting or restricting an eligible
employee from possessing and carrying a concealed handgun.
NEW SECTION. Section 3. Definitions. As used in [sections 1 through
7], the following definitions apply:
(1) “Employee” means a person who is employed full time by a school
district.
(2) “Permit” means a permit to carry a concealed weapon issued
pursuant to 45‐8‐321.
(3) “School” means a building, grounds, or property of a school
operating under the authority of a school district within the state.
(4) "School district" means a public school district as provided for
in 20‐6‐101 and 20‐6‐701.
NEW SECTION. Section 4. Prohibitions. (1) A school district may not
prohibit or restrict an employee who holds a valid permit from
possessing or carrying a concealed handgun pursuant to the permit at
school.
(2) An employee who possesses a handgun must carry the handgun
concealed at all times and is responsible for the security of the
handgun while the employee is at school.
(3) A school district may not punish an employee who holds a valid
permit and possesses or carries a concealed handgun at school under
[sections 1 through 7]. Prohibited punishments include demotion,
failure to promote, or a negative performance evaluation.
NEW SECTION. Section 5. Remedy. (1) A person who has been burdened
or is likely to be burdened in violation of [sections 1 through 7]
may assert the violation or impending violation as a claim against
the school district or the person creating the burden. The person
asserting the claim may obtain appropriate relief, including but not
limited to injunctive relief, declaratory relief, and compensatory
damages.
(2) A person who prevails on a claim to enforce the person's rights
under [sections 1 through 7] must be awarded reasonable costs and
attorney fees.
NEW SECTION. Section 6. Spending prohibited. A school district
affected by [sections 1 through 7] is prohibited from spending
public funds to implement the provisions of [sections 1 through 7].
NEW SECTION. Section 7. Entire policy. [Sections 1 through 7] is
intended to occupy the entire area of public policy concerning the
ability of school district employees to legally possess firearms in
schools.
Section 8. Section 45‐8‐351, MCA, is amended to read:
"45‐8‐351. Restriction on local government regulation of firearms.
(1) Except as provided in subsection (2), a county, city, town,
consolidated local government, or other local government unit may
not prohibit, register, tax, license, or regulate the purchase, sale
or other transfer (including delay in purchase, sale, or other
transfer), ownership, possession, transportation, use, or
unconcealed carrying of any weapon, including a rifle, shotgun,
handgun, or concealed handgun.
(2) (a) For public safety purposes, a city or town may regulate the
discharge of rifles, shotguns, and handguns. A Except as provided in
[sections 1 through 7], a county, city, town, consolidated local
government, or other local government unit has power to prevent and
suppress the carrying of concealed or unconcealed weapons to a
public assembly, publicly owned building, park under its
jurisdiction, or school, and the possession of firearms by convicted
felons, adjudicated mental incompetents, illegal aliens, and minors.
(b) Nothing contained in this section allows any government to
prohibit the legitimate display of firearms at shows or other public
occasions by collectors and others or to prohibit the legitimate
transportation of firearms through any jurisdiction, whether in
airports or otherwise.
(c) A local ordinance enacted pursuant to this section may not
prohibit a legislative security officer who has been issued a
concealed weapon permit from carrying a concealed weapon in the
state capitol as provided in 45‐8‐317."
Section 9. Section 45‐8‐361, MCA, is amended to read:
"45‐8‐361. Possession or allowing possession of weapon in school
building ‐‐ exceptions ‐‐ penalties ‐‐ seizure and forfeiture or
return authorized ‐‐ definitions. (1) A Except as provided in
[sections 1 through 7], a person commits the offense of possession
of a weapon in a school building if the person purposely and
knowingly possesses, carries, or stores a weapon in a school
building.
(2) A parent or guardian of a minor commits the offense of allowing
possession of a weapon in a school building if the parent or
guardian purposely and knowingly permits the minor to possess,
carry, or store a weapon in a school building.
(3) (a) Subsection (1) does not apply to law enforcement personnel.
(b) The trustees of a district may grant persons and entities
advance permission to possess, carry, or store a weapon in a school
building.
(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:
(a) "school building" means all buildings owned or leased by a local
school district that are used for instruction or for student
activities. The term does not include a home school provided for in
20‐5‐109.
(b) "weapon" means any type of firearm, a knife with a blade 4 or
more inches in length, a sword, a straight razor, a throwing star,
nun‐chucks, or brass or other metal knuckles. The term also includes
any other article or instrument possessed with the purpose to commit
a criminal offense."
NEW SECTION. Section 10. {standard} Severability. If a part of
[sections 1 through 7] is invalid, all valid parts that are
severable from the invalid part remain in effect. If a part of [this
act] is invalid in one or more of its applications, the part remains
in effect in all valid applications that are severable from the
invalid applications.
NEW SECTION. Section 11. {standard} Codification instruction.
[Sections 1 through 7] are intended to be codified as an integral
part of Title 45, chapter 8, and the provisions of Title 45, chapter
8, apply to [sections 1 through 5].
NEW SECTION. Section 12. {standard} Effective date. [This act] is
effective upon approval by the electorate.