5131.7 AR - Weapons & Dangerous Instruments

Students                                                                                                                 Administrative Regulation No. 5131.7
Regulation reviewed:  March 5, 2015
Regulation Revised: February 13, 2024

 

WEAPONS AND DANGEROUS INSTRUMENTS

Prohibited weapons and dangerous instruments include, but are not limited to:  (Education Code 48915, 49330; Penal Code 626.10, 16100-17360, 30310)

1. Firearms:  pistols, revolvers, shotguns, rifles, machine guns, "zip guns," "stun guns," tasers, cane guns, camouflaging firearms, and any other device from which is expelled through a barrel and capable of propelling a projectile by the force of an explosion or other form of combustion
 
2. Ammunition or reloaded ammunition
 
3. Knives, razor blades, and box cutters:  any dirks, daggers (or concealed dirks or daggers), cane swords, ice picks, or other weapons with a fixed, sharpened blade fitted primarily for stabbing, weapons with a blade fitted primarily for stabbing, weapons with a blade longer than 3-1/2 inches, folding knives with a blade that locks into place, switchblade knives, and razors with an unguarded blade
 
4. Explosive and/or incendiary devices:  pipe bombs, time bombs, rockets or rocket propelled projectile launchers, cap guns, bullets containing or carrying an explosive agent, containers of inflammable fluids, and other hazardous devices or concealed explosive substances
 
5. Any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, carbon dioxide pressure, or spring action, or any spot marker gun
 
6. Any other dangerous device, instrument, or weapon, including those defined in Penal Code 16000-34370, including a blackjack, slingshot, billy, nunchaku, sandclub, sandbag, metal knuckles, or any metal plate with three or more radiating points with one or more sharp edges designed for use as a weapon
 
7. Any imitation firearm, defined as a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm
Any employee may take any weapon or dangerous instrument from the personal possession of a student while the student is on school premises or under the authority of the district.  (Education Code 49331, 49332)

In determining whether to take possession of the weapon or dangerous instrument, the employee shall use the employee's own judgment as to the dangerousness of the situation and, based upon this analysis, shall take one of the following actions:

1. Confiscate the object and deliver it to the principal immediately
 
2. Immediately notify the principal, who shall take appropriate action

3. Immediately notify the local law enforcement agency and the principal
When informing the principal about the possession of a weapon or dangerous instrument, the employee shall report the name(s) of persons involved, witnesses, location, and the circumstances of the possession.

The principal shall report any possession of a weapon or dangerous instrument to the student's parents/guardians by telephone or in person, and shall follow this notification with a letter.

The employee shall retain possession of the instrument until the risk of its use as a weapon has dissipated or, upon the request of the student's parent/guardian, until the parent/guardian appears and personally takes possession.  (Education Code 49331, 49332)

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.

Education Code
Ed. Code 35291, Governing board to prescribe rules for discipline of the schools
Ed. Code 48902, Mandatory notification of law enforcement authorities
Ed. Code 48915, Required recommendation for expulsions
Ed. Code 48916, Readmission
Ed. Code 48980, Parent/Guardian notifications
Ed. Code 49330-49335, Injurious objects
Ed. Code 49390-49395, Homicide threats
Pen. Code 16100-17360, Definitions
Pen. Code 22810-23025, Tear gas weapon (pepper spray)
Pen. Code 245, Assault with deadly weapon
Pen. Code 25200-25225, Firearms; access to children
Pen. Code 30310, Prohibition against ammunition on school grounds
Pen. Code 417.4, Imitation firearm; drawing or exhibiting
Pen. Code 626.10, Dirks, daggers, knives, razor or stun gun; bringing or possessing in school
Pen. Code 626.9, Gun-Free School Zone Act of 1995
Federal Code
20 USC 6301-8961, No Child Left Behind Act
20 USC 7961, Gun-Free Schools Act
6 USC 665k, Federal Clearinghouse on School Safety Evidence-Based Practices
Management Resources
CSBA Publication, Safe Schools: Strategies for Governing Boards to Ensure Student Success, Third Edition, October 2011
U.S. Department of Education Publication, Guidance Concerning State and Local Responsibilities Under the Gun-Free Schools Act, 2018
Website, U.S. Department of Homeland Security, Fusion Centers
Website, California State Threat Assessment System
Website, CSBA District and County Office of Education Legal Services
Website, U.S. Department of Education, Safe Schools
Website, National Alliance for Safe Schools
Website, National School Safety Center
Website, U.S. Department of Education, Office of Safe and Drug Free Schools
Website, California Department of Education, Safe Schools
Website, CSBA
Cross References
0450, Comprehensive Safety Plan
0450, Comprehensive Safety Plan
1313, Civility
3515, Campus Security
3515, Campus Security
3515.3, District Police/Security Department
3515.3, District Police/Security Department
3515.31, School Resource Officers
3515.7, Firearms On School Grounds
3516.2, Bomb Threats
4158, Employee Security
4158, Employee Security
4258, Employee Security
4258, Employee Security
4358, Employee Security
4358, Employee Security
5116.1, Intradistrict Open Enrollment
5116.1, Intradistrict Open Enrollment
5125, Student Records
5125, Student Records
5131, Conduct
5131.41, Use Of Seclusion And Restraint
5136, Gangs
5136, Gangs
5137, Positive School Climate
5138, Conflict Resolution/Peer Mediation
5141.4, Child Abuse Prevention And Reporting
5141.4, Child Abuse Prevention And Reporting
5144, Discipline
5144, Discipline
5144.1, Suspension And Expulsion/Due Process
5144.1, Suspension And Expulsion/Due Process
5144.2, Suspension And Expulsion/Due Process (Students With Disabilities)
5145.12, Search And Seizure
5145.12, Search And Seizure
6184, Continuation Education
6184, Continuation Education

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