|Morgan County Schools|
|Bylaws & Policies|
5772 - 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 students from possessing or carrying or causing the possession or carrying of any firearm or other deadly weapon on 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 Superintendent. Any student violating this policy shall be subject to disciplinary action, up to and including expulsion.
The terms "weapon", "dangerous" or "deadly weapon" means any object or device which, is intended to cause injury or bodily harm, any device used in a threatening manner that could cause injury or bodily harm, or any object or device that is used for self protection. Weapons include, but are not limited to:
|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 stuck. 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.||"Firearm" means any weapon which will expel a projectile by action of an explosion.|
"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 instruments defined in A-I, above or other deadly weapons of like kind or character which may be easily concealed on or about the person. The term "deadly weapon" also includes any instrument included within the definition of "knife" with a blade of three and one-half (3 1/2) inches or less in length. Additionally, the term "deadly weapon" includes explosive, chemical, biological and radiological materials.
Policy exceptions include:
|A.||items or materials 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;|
|B.||students with written approval from the school principal to conduct programs with valid educational purposes (working firearms and ammunition shall never be approved);|
|C.||items displayed in program 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.|
Students shall report any information concerning weapons and/or threats of violence by students, staff members, or visitors to the principal. Failure to report such information may subject the student to disciplinary action.
This policy shall be implemented through the Code of Conduct/Student Discipline Code, and through administrative guidelines.
The Superintendent will refer any student who violates this policy to the student's parent(s) or guardian(s) and to the criminal justice or juvenile delinquency system. The student may also be subject to disciplinary action, up to and including expulsion.
Any court which adjudicates a person who is fourteen (14) years of age or older as delinquent for possessing a weapon may, in its discretion, order the division of motor vehicles to suspend any driver's license or instruction permit issued to such person for such period of time as the court may deem appropriate, such suspension, however, not to exceed beyond such person's nineteenth birthday; or, where such person has not been issued a driver's license or instruction permit by this State, order the division of motor vehicles to deny such person's application for the same for such period of time as the court may deem appropriate, such denial, however, not to extend beyond such person's nineteenth birthday.
It shall be the duty of the principal of each school to report the possession of a weapon to the State Superintendent of Schools within seventy-two (72) hours after such violation.
In addition, it shall be the duty of the principal of each school to report any student possessing a weapon discovered by such principal to the appropriate local office of the division of public safety (West Virginia State Police) within seventy-two (72) hours after such violation occurs.
This policy will be published annually in all County student and staff handbooks. Publication is not a precondition to enforcement of this policy.
18A-5-1a, 61-7-2, 61-7-11a, Code of West Virginia
18 U.S.C. 921, 20 U.S.C. 8922, 20 U.S.C. 7151
West Virginia Board of Education Policy 4373 (126 CSR 99)