|Morgan County Schools|
|Bylaws & Policies|
4217 - WEAPONS
The Board of Education hereby finds that the safety and welfare of the citizens of this County are inextricably dependent upon assurances of safety for children attending, and the persons employed by, schools in this county.
The Board prohibits service personnel members from possessing or carrying or causing the possession or carrying of any firearm or other deadly weapon in any setting that is under the control and supervision of the Board including, but not limited to, property leased, owned, or contracted for by the Board, the site of any school-sponsored event, or in a Board-owned vehicle unless such person is a law-enforcement officer acting in his/her official capacity or s/he has the express written permission of the Board or principal to conduct programs with valid educational purposes. Any employee violating this policy shall be subject to disciplinary action, up to and including termination.
The term "deadly weapon" means an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use. The term "deadly weapon" shall include, but not be limited to the following:
|A.||"Blackjack" means a short bludgeon consisting, at the striking end, of an encased piece of lead or some other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact when a person or object is struck. The term "blackjack" shall include, but not be limited to, a billy club, sand club, sandbag or slapjack.|
|B.||"Gravity knife" means any knife that has a blade released from the handle by the force of gravity or the application of centrifugal force and when so released is locked in place by means of a button, spring, lever or other locking or catching device.|
|C.||"Knife" means an instrument, intended to be used or readily adaptable to be used as a weapon, consisting of a sharp-edged or sharp-pointed blade, usually made of steel, attached to a handle which is capable of inflicting cutting, stabbing or tearing wounds. The term "knife" shall include, but not be limited to, any dagger, dirk, poniard or stiletto, with a blade over three and one-half (3 1/2) inches in length, any switchblade knife or gravity knife and any other instrument capable of inflicting cutting, stabbing or tearing wounds. A pocket knife with a blade three and one-half (3 1/2) inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses, or a knife designed for use as a tool or household implement shall not be included within the term "knife" as defined herein unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.|
|D.||"Switchblade knife" means any knife having a spring-operated blade which opens automatically upon pressure being applied to a button, catch or other releasing device in its handle.|
|E.||"Nunchaku" means a flailing instrument consisting of two (2) or more rigid parts, connected by a chain, cable, rope or other nonrigid, flexible or springy material, constructed in such a manner as to allow the rigid parts to swing freely so that one (1) rigid part may be used as a handle and the other rigid part may be used as the striking end.|
|F.||"Metallic or false knuckles" means a set of finger rings attached to a transverse piece to be worn over the front of the hand for use as a weapon and constructed in such a manner that, when striking another person with the fist or closed hand, considerable physical damage may be inflicted upon the person struck. The terms "metallic or false knuckles" shall include any such instrument without reference to the metal or other substance or substances from which the metallic or false knuckles are made.|
|G.||"Pistol" means a short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand.|
|H.||"Revolver" means a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.|
|I.||Other deadly weapons of like kind or character above which may be easily concealed on or about the person.|
|J.||Explosive, chemical, biological and radiological materials.|
The term "deadly weapon" does not include any item or material owned by the school or County Board, intended for curricular use, and used by the student at the time of the alleged offense solely for curricular purposes.
"Concealed"means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried.
"Firearm"means any weapon which will expel a projectile by action of an explosion.
The principal or, if the violation does not occur within his/her jurisdiction, the administrator with authority, shall report any violation of this policy to the WV State Police and the State Superintendent of Schools within seventy-two (72) hours after the violation occurs, and to the County Superintendent immediately. Any service personnel employee who violates this policy will be subject to disciplinary action, up to and including termination, as permitted by applicable Board policy.
Exceptions to this policy include:
|A.||persons with written approval from the Board or the building principal to conduct programs with valid educational purposes (working firearms and ammunition shall never be approved);|
|B.||programs or raffles conducted with the approval of the County Board of Education or school which include the display of unloaded firearms, provided that such unloaded firearm must have first had the firing mechanism removed and the firearm must thereafter have been checked by a member of the West Virginia State Police to ensure that it is safe;|
|C.||official mascot of West Virginia University, commonly known as "The Mountaineer", acting in his/her official capacity;|
|D.||theatrical props (never to include any working firearm or other deadly weapon as defined above) used in appropriate settings;|
|E.||starter pistols used in appropriate sporting events.|
Service personnel employees shall report any information concerning weapons and/or threats of violence by students, staff members, or visitors to their immediate supervisor. Failure to report such information may subject the employee to disciplinary action, up to and including termination.
18 U.S.C. 922
WV State Code 61-7-2, 61-7-11, 61-7-11a