Tribe: Crow Tribe of Montana
8B-8-316. Possession or allowing possession of weapon in school building- exceptions- seizure and forfeiture or
return authorized- definitions.
(1)
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)
community.
(a) The court shall consider alternatives to incarceration that are available in the
(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 Crow Tribal police 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.
(b) “weapon” means any type of firearm, a knife with a blade four (4) or more inches in length, a sword, a straight
razor, a throwing star, nun-chucks, or brass or other metal knuckles.
(6) A conviction under this section is a Class C offense for which the offender shall be imprisoned in the Crow
Tribal Jail for any term not to exceed 6 months or be fined an amount not to exceed $500.00 payable to the Crow
Tribal Court, or both.