Education Rights Center
at Howard University School of Law
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Weapons and Felonious ConductIt is a felony for anyone to possess or carry (or to cause, encourage, or aid a minor to possess or carry) a firearm or explosive device on school property.[177] It is also a misdemeanor to bring other less dangerous weapons, such as air or pellet guns, knives, slingshots, metallic knuckles, razor blades, and other similar instruments to school (or encourage, or aid a minor to possess or carry them). As to these less dangerous weapons, schools have significant discretion in defining what a “weapon” is and prohibiting students from bringing them to school. [182] Violators may be fined up to $1,000.00 and/or imprisoned for up to 6 months.[179] |
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Court Jurisdiction Students who charged with a felony or weapons charge, and are 17 years of age or older, are subject to the local circuit court. Students younger than 17 and charged with a felony or weapons infraction shall appear before a youth court. However, if the weapon is not only brought to school but is used to commit or attempt an additional crime, the student, regardless of age, shall appear before the circuit court.[181] |
| References: [177] This does not apply to a BB gun, air rifle or air pistol. Miss. Code Ann. § 97-37-17. [178] Id. [179] Id. Similarly, a student may not possess a weapon in a motor vehicle on educational property. Op.Atty.Gen. No. 97-0251, Farmer, May 2, 1997; Miss. Code Ann. § 97-37-17. [180] Miss. Code Ann. § 97-37-17. [181] Op.Atty.Gen. No. 96-0218, Dawson, April 17, 1996; Miss. Code Ann. § 97-37-17. [182] Hinds County, supra note 14; Miss. Code Ann. § 97-37-17. The court specified that the school board's determination "was supported by substantial evidence and was thus not arbitrary or capricious." Id. |