Expulsion for Possession of Weapons
A student shall not be in possession of any prohibited weapon at school or any school-related activity; nor shall a student knowingly, intentionally, or recklessly go on the physical premises of TSBVI, any grounds or building on which an activity sponsored by a school is being conducted, or school passenger transportation vehicle with any prohibited weapon. A student shall be expelled for unlawfully carrying weapons on school property or at any school related activity on or off school premises.
Penal Code 46.02;.05; Education Code 37.007(a)(1) (See also FOD)
A student shall not interfere with normal activities, occupancy, or use of any building or portion of the campus or of any bus engaged in the transportation of students to and from school-sponsored activities by exhibiting, using, or threatening to exhibit or use a firearm.
Education Code 37.007(k)
FEDERAL FIREARMS PROVISION
Expulsion Offense
In accordance with the Gun-Free Schools Act, TSBVI shall expel a student who brings a firearm, as defined by federal law, to school. The student must be expelled from TSBVI for a period of at least one year, except that the superintendent may modify in writing the length of expulsion in the case of an individual student.
“School” Defined
For expulsion under this provision, “school” means any setting that is under the control and supervision of TSBVI for the purpose of student activities approved and authorized by the School.
20 U.S.C. 7961; Education Code 37.007(e) [See FOD]
Unlawful Carrying of Weapons
- A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club and is not on the person’s own premises or premises under the person’s control; or inside of or directly en route to a motor vehicle that is owned by the person or under the person’s control. Penal Code 46.02(a)
- A location–resisted knife (knife with a blade over 5 1/2 inches) and any hand instrument designed to cut or stab another by being thrown, dagger, bowie knife, sword, spear). Penal Code 46.01(6), 46.03(a); Education Code 37.007(a)(B)
Other Prohibited Weapons
Prohibited weapons are defined as follows:
- An explosive weapon (any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon). Penal Code 46.01(2)
- A machine gun (any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger). Penal Code 46.01(9)
- A short-barrel firearm (rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a rifle or shotgun that, as altered, has an overall length of less than 26 inches). Penal Code 46.01(10)
- A firearm silencer (any device designed, made, or adapted to muffle the report of a firearm), unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law. Penal Code 46.01(4)
- Armor-piercing ammunition (handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used primarily in pistols and revolvers). Penal Code 46.01(12)
- A chemical dispensing device (device other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of causing an adverse psychological or physiological effect on a human being). Penal Code 46.01(14)
- A zip gun (a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance). Penal Code 46.01(16)
- A tire deflation device (a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle’s tires; it does not include a traffic control device that is designed to puncture one or more of a vehicle’s tires when driven over in a specific direction, and has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device). Penal Code 46.01(17)
- An improvised explosive device (a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. It does not include unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. Penal Code 46.01(19)
A person does not commit an offense if an item is listed at items 1– 3, above, and is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice. Penal Code 46.05(a)
Adopted: 4/7/78
Amended: 9/10/82, 11/11/83, 3/27/92, 9/24/93, 3/22/96, 11/15/96, 3/21/03, 9/28/20
Reviewed: