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Last updated Feb 9, 2000 Search the Gun Laws

Expulsion of students with guns

20-5-202. Suspension and expulsion. (1) As provided in 20-4-302, 20-4-402, and 20-4-403, a pupil may be suspended by a teacher, superintendent, or principal. The trustees of the district shall adopt a policy defining the authority and procedure to be used by a teacher, superintendent, or principal in suspending a pupil and defining the circumstances and procedures by which the trustees may expel a pupil. Expulsion is a disciplinary action available only to the trustees.
(2) The trustees of a district shall adopt a policy for the expulsion of a student who is determined to have brought a firearm, as defined in 18 U.S.C. 921, to school and for referring the matter to the appropriate local law enforcement agency. A student who is determined to have brought a firearm to school under this subsection must be expelled from school for a period of not less than 1 year, except that the trustees may authorize the school administration to modify the requirement for expulsion of a student on a case-by-case basis. A decision to change the placement of a student with a disability who has been expelled pursuant to this section must be made in accordance with the Individuals With Disabilities Education Act.
(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.
(4) Nothing in this section prevents a school district from:
(a) offering instructional activities related to firearms or allowing a firearm to be brought to school for instructional activities sanctioned by the district; or
(b) providing educational services in an alternative setting to a student who has been expelled from the student's regular school setting.


  • CCW Under the Influence, 45-8-327 M.C.A.
  • Cities Prohibited from Suing Gunmakers, 7-1-115 M.C.A.
  • Commercial Storage of Powder and Primers, 50-61-120 M.C.A.
  • Concealed Weapon, Permits, 45-8-315 M.C.A., et. seq.
  • Constitutional Right to Keep and Bear Arms
  • CWP Exempts Gun Buyer from Brady Wait, 45-8-330 M.C.A.
  • CWP Prohibited Places, 45-8-328 M.C.A.
  • CWPs from Other States Recognized, 45-8-329 M.C.A.
  • Destructive Devices - Explosives, 45-8-332 M.C.A., et. seq.
  • Easements for Shooting Range Safety Zone, 70-17-101 M.C.A.
  • Exemption from Federal Gun Free School Zones Act, 45-8-360 M.C.A.
  • Expulsion of students with guns, 20-5-202 M.C.A.
  • Firearms in Schools, 45-8-361 M.C.A.
  • Game Lawfully Taken Is Personal Property of Hunter, 87-2-509 M.C.A.
  • Gun Owner Not Liable for Stolen Property, 27-1-709, M.C.A.
  • Gun Safety Instructors Immune from Liability, 27-1-721 M.C.A.
  • Gun safety training in schools, 20-7-132 and SJ15
  • Guns on Trains, 45-8-339 M.C.A.
  • Hunter Harassment a Crime - Felony Second Offense, 87-3-142 M.C.A.
  • Hunting Heritage Week, 1-1-226 M.C.A.
  • Hunting Residency, Non-resident Minor Children or Montana Residents May Hunt As Residents, 87-2-102 M.C.A.
  • Joint Resolution Urging Repeal of Brady Law
  • Local Government Preemption, 45-8-351 M.C.A.
  • Machine Guns, 45-8-302 M.C.A., et. seq.
  • No Defectless Product Liability for Firearms or Ammunition, 27-1-720 M.C.A.
  • No Discharge Inside City Limits, 45-8-343 M.C.A.
  • Paramilitary Training Prohibited - Exceptions, 45-8-107 M.C.A., et. seq.
  • Purchase of Firearms in Contiguous States, 45-8-341, 342 M.C.A.
  • Right to Keep and Bear Arms Week, 1-1-224 M.C.A.
  • Right to Use Force, 49-1-103 M.C.A.
  • Sawed Off Guns, 45-8-340 M.C.A.
  • Shooting Range Funding Act, 87-1-276 M.C.A., et. seq.
  • Shooting Range Protection Act, 76-9-101 M.C.A., et. seq.
  • Shooting Sports in schools, SJ16
  • Silencers, 45-8-336, 337 M.C.A.
  • Use of Firearms by Children, 45-8-344 M.C.A.
  • Use of Lethal Force, 45-3-101 M.C.A., et. seq.
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