FILE:  GAM

POSSESSING, TRANSPORTING OR TRANSMITTING DANGEROUS WEAPONS
No person shall possess, transport or transmit a dangerous weapon on School District property , property used by the School District for a school-related purpose, or in a motor vehicle used for a School District-related purpose unless:  (a) Prior permission has been granted by the Superintendent; or (b) The person in an on-duty law enforcement officer or, if off duty, the officer is otherwise required by the law enforcement agency to carry a weapon.

A dangerous weapon, within the meaning of this Policy, shall include, by way of description, such things as a firearm, knife, black jack, baton, iron bar, brass knuckles, martial arts devices, and incendiary and/or explosive devices.  Pursuant to federal law, the term firearm includes, but is not limited to, any weapon designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or destructive device.¹  A person, including a student, who violates this policy, will be reported to law enforcement authorities.  Employees who violates this policy will be severely disciplined, up to and including discharge.

The Board policy prohibiting students from possessing dangerous weapons is contained in the Student Code of Conduct.  The Board, pursuant to state law, shall expel students who violate the weapons laws and rules unless one of the statutory exceptions is established.²  To comply with federal law, any such exception shall be reduced in writing. 

1. Pursuant to federal law, the term destructive device means: any explosive, incendiary, or poison gas: bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any or the devices described in the preceding clauses.

2. To establish a statutory exception, state law requires clear and convincing evidence that:  1) The object or instrument possessed by the pupil was not possessed by the pupil for use as a weapon, or for direct or indirect delivery to another person for use as a weapon, or 2) the weapon was not knowingly possessed by the pupil, or 3) the pupil did not know that the object or instrument possessed by the pupil constituted a dangerous weapon, or 4) the weapon was possessed by the pupil at the suggestion, request, or direction of, or with the express permission of, school or police authorities.

The Benton Harbor Area Schools, Berrien County, Michigan