13-32-7. Possession of firearm or dangerous weapon--Public elementary or secondary school premises or vehicle--Violation--Exceptions.

Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitative or noisemaking purposes, on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises, vehicle, or building used or leased for public elementary or secondary school functions, whether or not any person is endangered by any action under this section, is guilty of a Class 1 misdemeanor.

This section does not apply to:

(1)    A law enforcement officer;

(2)    An individual who has completed a school sentinel training course, in accordance with chapter 13-64;

(3)    An individual who:

(a)    Is twenty-one years of age or older;

(b)    Holds an enhanced permit to carry a concealed pistol, issued in accordance with chapter 23-7; and

(c)    Has written permission from the principal of the school or other person who has general control and supervision of the building or grounds;

(4)    The use of a starting gun at an athletic event;

(5)    Any firearm or air gun at a:

(a)    Firing range;

(b)    Gun show; or

(c)    Supervised school or session for training in the use of firearms;

(6)    The ceremonial presence of an unloaded weapon at a color guard ceremony;

(7)    A nonpublic school;

(8)    A church or other house of worship; or

(9)    A nonpublic school located on the premises of a church or other house of worship.

Source: SL 1961, ch 49; SL 1979, ch 120; SL 1982, ch 86, § 145; SL 1990, ch 129; SL 1991, ch 147, § 1; SL 1993, ch 142; SL 2002, ch 90, § 1; SL 2013, ch 93, § 8; SL 2018, ch 98, § 1; SL 2024, ch 56, § 1.