501–NWSC Weapons Policy

POLICY:  501

ADOPTED: November 2002

Revised:  July 2003

501        NWSC WEAPONS POLICY

I. PURPOSE

The purpose of this policy is to assure a safe environment for staff and the public.

II. GENERAL STATEMENT OF POLICY

No employee or non-employee, including adults and visitors, shall possess, use or distribute a weapon when on NWSC Agency property.  The NWSC will act to enforce this policy and to discipline or take appropriate action against any teacher, administrator, employee, volunteer or member of the public who violates this policy.

III.  DEFINITION

(A) “Weapon”

1. A “weapon” means any object, device or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self-injury including, but not limited to, any firearm, whether loaded or unloaded, air guns, pellet guns, BB guns, all knives, blades, clubs, metal knuckles, numchucks, throwing stars, explosives, fireworks, mace and other propellants, stun guns, ammunition, poisons, chains, arrows, and objects that have been modified to serve as a weapon.
2. No person shall possess, use or distribute any object, device or instrument having the appearance of a 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, toy guns and any object that is a facsimile of a real weapon.
3. No person shall use articles designed for other purposes (i.e., belts, combs, pencils, files, scissors, etc.), to inflict bodily harm and/or intimidate; such use will be treated as the possession and use of a weapon.

(B) “Agency Property” includes any building or grounds, whether leased, rented, owned or controlled by this agency, locations of the agency activities or trips, or agency vehicles, this agency-contracted vehicles, the area of entrance or departure from agency premises or events, all locations where agency-related functions are conducted and anywhere staff are under the jurisdiction of the agency.

(C) “Possession” means having a weapon on one’s person or in an area subject to one’s control in an agency location.

IV. EXCEPTIONS

(A) A person who finds a weapon near the agency or in an agency location, or a person who discovers that he or she accidentally has a weapon in his or her possession and takes the weapon immediately to the Executive Director’s office shall not be considered to possess a weapon. If it would be impractical or dangerous to take the weapon to the Executive Director’s office, a person shall not be considered to possess a weapon if he or she immediately turns the weapon over to an administrator, teacher or supervisor or immediately notifies an administrator, teacher or supervisor of the weapon’s location.

(B) It shall not be a violation of this policy if a nonemployee falls within one of the following categories:

1. Licensed peace officers, military personnel or employees participating in military training who are performing official duties;
2. Persons who carry pistols according to the terms of a permit;
3. Persons who keep or store in a motor vehicle pistols in accordance with Minnesota Statutes, Sections 624.714 and 624.715 or other firearms in accordance with Section 97B.045;
   1. Section 624.714 specifies procedures and standards for obtaining pistol permits and penalties for the failure to do so. Section 624.715 defines an exception to the pistol permit requirements for “antique firearms which are carried or possessed as curiosities or for their historical significance or value.”
   2. Section 97B.045 generally provides that a firearm may not be transported in a motor vehicle unless it is (1) unloaded and in a gun case without any portion of the firearm exposed; or (2) unloaded and in the closed trunk.
4. Firearm safety or marksmanship courses or activities conducted on agency property;
5. Possession of dangerous weapons, BB guns, or replica firearms by a ceremonial color guard;
6. A gun or knife show held on NWSC property; or
7. Possession of dangerous weapons, BB guns or replica firearms with written permission of the Executive Director.

V. CONSEQUENCES FOR WEAPON POSSESSION/USE/DISTRIBUTION BY INDIVIDUALS

(A) Employees

1. An employee who violates the terms of this policy is subject to disciplinary action, including nonrenewal, suspension or discharge as deemed appropriate by the board.
2. Sanctions against employees, including nonrenewal, suspension, or discharge shall be pursuant to and in accordance with applicable statutory authority, collective bargaining agreements and board policies.
3. When an employee violates the weapon policy, law enforcement may be notified, as appropriate.

(B) Other Nonemployees

1. Any member of the public who violates this policy shall be informed of the policy and asked to leave the location. Depending on the circumstances, the person may be barred from future entry to NWSC locations. In addition, if the person is an employee in another agency, that agency may be contacted concerning the policy violation.
2. If appropriate, law enforcement will be notified of the policy violation by the member of the public and may be asked to provide an escort to remove the member of the public from the location.

Legal References:             Minn. Stat. §§ 121A.40-121A.56. (Pupil Fair Dismissal Act)

Minn. Stat. § 121A.44 (expulsion for possession of firearm)

Minn. Stat. § 121A.05 (referral to police) Minn. Stat. § 609.66 (dangerous weapons)

Minn. Stat. § 609.605 (trespass)

Minn. Stat. § 609.02, Subd. 6 (definitions of dangerous weapon)

Minn. Stat. § 97B.045 (transportation of firearms)

Minn. Stat. § 624.714 (carrying of weapons without permit; penalties)

Minn. Stat. § 624.715 (exemptions; antiques and ornaments)

18 U.S.C. § 921 (definition of firearm)