926 Policy: Possession of Dangerous Weapons on School Property

I.    PURPOSE

The purpose of this policy is to ensure compliance with Minnesota statutes regulating the possession of dangerous weapons on school district property. 

II.    GENERAL STATEMENT

A.    In accordance with Minnesota statute, no person is permitted to possess, store or keep a dangerous weapon or other weapons on school property, unless otherwise permitted under this policy.  

B.    No person shall possess, use or distribute any object, device or instrument having the appearance of a dangerous weapon and such objects, devices or instruments shall be treated as weapons including, but not limited to, weapons listed above which are broken or non-functional, look-alike guns; and any object that is a facsimile of a real weapon.

III.    DEFINITIONS

A.    "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm.
 
B.    "School property" means: (1) a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school; (2) a child care center operated by the District during the period children are present and participating in a child care program; (3) the area within a school bus when that bus is being used by a school to transport one or more elementary, middle, or secondary school students to and from school-related activities, including curricular, co-curricular, non-curricular, extracurricular, and supplementary activities; and (4) that portion of a building or facility under the temporary, exclusive control of a public or private school, a school district, or an association of such entities where conspicuous signs are prominently posted at each entrance that give actual notice to persons of the school-related use.

IV.    POSTING

The District will post conspicuous signage stating this prohibition at all District sites that are not clearly recognized as school property.

V.    EXCEPTIONS

The prohibition against dangerous weapons on school property does not apply to:  

A.    active licensed peace officers;

B.    military personnel or students participating in military training, who are on-duty, performing official duties;

C.    persons authorized to carry a pistol under Minnesota law (i.e. Minn. Stat. §624.714) while in a motor vehicle or outside of a motor vehicle to directly place a firearm in, or retrieve it from, the trunk or rear area of the vehicle or who otherwise keep or store in a motor vehicle pistols in accordance with section Minn. Stat. § 624.714 or 624.715 or other firearms in accordance with section 97B.045;

D.    firearm safety or marksmanship courses or activities conducted on school property;

E.    possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;

F.    a gun or knife show held on school property;

G.    possession of dangerous weapons, BB guns, or replica firearms with written permission of the principal or other person having general control and supervision of the school or the director of a child care center; or

H.    persons who are on unimproved property owned or leased by the school district unless the person knows that a student is currently present on the land for a school-related activity.

Adopted/Revised
Revised:  1/15/19
Adopted:  12/2/03
    
Legal References
Minnesota Citizens' Personal Protection Act (2003)
M.S. 97B.045
M.S. 245A
M.S. 624.714, subd. 2(c), subd. 17(b)(3), subd. 18, subd 18(c)
M.S. 624.715
M.S. 609.66, subd. 1d(a)-(c), subd. 1d(d)(4), subd. 1d(e), subd. 1d(e)(2)