US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 33
                           FIREARMS, EXPLOSIVES AND
                             OTHER DEADLY WEAPONS
    18-3302D.  POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY.
    (1) (a) It shall be unlawful and is a misdemeanor for any person to
    possess a firearm or other deadly or dangerous weapon while on the
    property of a school or in those portions of any building, stadium or
    other structure on school grounds which, at the time of the violation,
    were being used for an activity sponsored by or through a school in this
    state or while riding school provided transportation.
    (b)  The provisions of this section regarding the possession of a firearm
    or other deadly or dangerous weapon on school property shall also apply to
    students of schools while attending or participating in any school
    sponsored activity, program or event regardless of location.
    (2)  Definitions. As used in this section:
    (a)  "Deadly or dangerous weapon" means any weapon as defined in 18 U.S.C.
    section 930;
    (b)  "Firearm" means any firearm as defined in 18 U.S.C. section 921;
    (c)  "Minor" means a person under the age of eighteen (18) years;
    (d)  "Possess" means to bring an object, or to cause it to be brought,
    onto the property of a public or private elementary or secondary school,
    or onto a vehicle being used for school provided transportation, or to
    exercise dominion and control over an object located anywhere on such
    property or vehicle. For purposes of subsection (1)(b) of this section,
    "possess" shall also mean to bring an object onto the site of a school
    sponsored activity, program or event, regardless of location, or to
    exercise dominion and control over an object located anywhere on such a
    site;
    (e)  "School" means a private or public elementary or secondary school.
    (3)  Right to search students or minors. 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.
    (4)  The provisions of this section shall not apply to the following
persons:
    (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.
    (5)  Penalties. Persons who are found guilty of violating the provisions
of this section may be sentenced to a jail term of not more than one (1) year
or fined an amount not in excess of one thousand dollars ($1,000) or both. If
a violator is a student and under the age of eighteen (18) years, the court
may place the violator on probation and suspend the juvenile detention or fine
or both as long as the violator is enrolled in a program of study recognized
by the court that, upon successful completion, will grant the violator a
general equivalency diploma (GED) or a high school diploma or other
educational program authorized by the court. Upon successful completion of the
terms imposed by the court, the court shall discharge the offender from
serving the remainder of the sentence. If the violator does not complete, is
suspended from, or otherwise withdraws from the program of study imposed by
the court, the court, upon receiving such information, shall order the
violator to commence serving the sentence provided for in this section.