08 Idaho Code Ann. § 18-3302D


Title 18: Crimes and Punishments

Chapter 33: Firearms, Explosives and Other Deadly Weapons
18-3302D. Possessing weapons or firearms on school property.

This section contains many direct quotes from the Idaho Code so there is no confusion from rephrasings about who can conduct legitimate searches, for what, and why. Boldface emphasis has been added to highlight key terms.

This crime is a misdemeanor. The prohibition includes possessing a firearm or other deadly and dangerous weapon while on school property or in its buildings when they are in use for a school-sponsored activity. It also includes locales of school-sponsored activities, programs, and events; and any school-provided transportation. [Subsection (1).]

According to Subsection (2) on definitions, “school” means a private or public elementary or secondary school, and “minor” is anyone under age 18. The term “firearm” uses the federal definition found in 18 U.S.C. Section 921(3):

The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

Subsection (3) details rights to search students and minors (including possessions and lockers), under what conditions, and who is allowed to do so.

For purposes of enforcing the provisions of this section, employees of a school district shall have the right to search all students or minors, including their belongings and lockers, that are reasonably believed to be in violation of the provisions of this section, or applicable school rule or district policy, regarding the possessing of a firearm or other deadly or dangerous weapon.

Subsection (4) notes exemptions to the prohibition:

(a)  A peace officer;

(b)  A person who lawfully possesses a firearm or deadly or dangerous weapon as an appropriate part of a program, an event, activity or other circumstance approved by the board of trustees or governing board;

(c)  A person or persons complying with the provisions of section 19-202A, Idaho Code;

(d)  Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, nonthreatening manner;

(e)  A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity;

(f)  Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.

This crime is a misdemeanor [Subsection (1)], and penalities may be a fine of no more than $1,000 or a jail term of no more than one year. The court may place a student under age 18 on probation and suspend the fine, juvenile detention, or both as long as the violator is enrolled in a court-recognized program that leads to GED, high school diploma, or other court-authorized program. The court discharges violators who complete the program from serving the rest of their sentence. If they withdraw, are suspended, or fail to complete the program, they must commence serving their sentence. [Subsection (5).]

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