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| Weapons at School RCW 9.41.280* prohibits persons from bringing “dangerous weapons” to school. The current version of the statute is not as clear or comprehensive as it could be, but the law does prohibit a number of weapons explicitly from school grounds and school transportation. In addition, the statute directs both school officials and law enforcement to take certain steps when dangerous weapons are alleged or discovered. One note: the provisions discussed below address dangerous weapons at school that constitute a criminal offense. Simple possession of some items may not constitute a crime (e.g., a stun-gun or tazer), but are nevertheless prohibited by school rules and policies and may subject a student possessing those items to school discipline, suspension, or expulsion. What is “school” for purposes of this statute? What constitutes a “dangerous weapon”? Unfortunately, section .250 doesn’t actually define “dangerous weapon,” as section .280 suggests. However, section .250 does list a number of dangerous weapons that cannot be possessed anywhere to which the legislature was obviously making reference. These prohibited weapons include: a slung shot, sand club, metal knuckles, a spring-blade knife or knife automatically released by a spring mechanism or mechanical device (e.g., a switchblade or stiletto, or something similar), or a knife that has a blade which “opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement” (e.g., a “butterfly knife”). Subsection (2) of section .250 also prohibits the “furtive carrying” of a dirk and dagger. The final source for determining whether an item at school constitutes a “dangerous weapon” is the definition of “deadly weapon” contained in RCW 9.94A.602* [formerly 9.94A.125]. The correlation between “deadly weapon” and “dangerous weapon” was discussed by the Washington Court of Appeals in State v. C.Q. (1999). In that case, the Court was asked to decide whether a starter pistol with a plugged barrel constituted a “dangerous weapon.” A starter pistol was not explicitly prohibited under section .280, and thus, the court noted, would have to fall under the catch-all prohibition against “any other dangerous weapon as defined in RCW 9.41.250.” However, the court implicitly recognized that 9.41.250 does not really help with an item not expressly mentioned in that provision, because “the term dangerous weapon…is not really defined by statute.” The court reasoned that since the term “dangerous weapon” is similar to the definition of “deadly weapon” used in Washington law, the court would determine whether the item was prohibited at school by also examining whether the starter pistol fit the statutory definition of “deadly weapon” under RCW 9.94A.602*. Examining the relevant portion of the definition, the court discussed whether the starter pistol was “an implement or instrument which has the capacity to inflict death and from the manner in which it is used, is likely to produce or may easily and readily produce death.” (as discussed above, under these circumstances otherwise legal objects—like a baseball bat or bicycle chain—would be unlawful at school). The court held that the starter pistol did not fit this definition, and thus did not constitute a “dangerous weapon” under the facts presented. State v. C.Q. clarified that when faced with an object that does not fit the explicit language of RCW 9.41.280 or .250, the courts may also examine the item in light of the definition of “deadly weapon” in RCW 9.94A.602 when determining whether that item is a “dangerous weapon” prohibited at schools under Washington law. In addition to the objects already prohibited by the first two statutes, RCW 9.94A.602 lists as a “deadly weapon”—and by analogy “dangerous weapon”—any “knife having a blade longer than three inches, any razor with an unguarded blade, any metal pipe or bar used or intended to be used as a club, any explosive, and any weapon containing poisonous or injurious gas.” In sum, dangerous weapons per se are those items listed expressly in RCW 9.41.280, 9.41.250, or 9.94A.602. An implement or instrument not otherwise listed may also be a dangerous weapon under 9.94A.602 depending on the manner in which it is used or threatened to be used. A simple way to summarize this information is in the following chart:
A dangerous weapon—even an “allegation or indication” of a dangerous weapon—MUST be promptly reported to law enforcement.
Note that both law enforcement and the student’s parent or guardian must both be promptly notified. The law does not permit a school official to handle this behavior “in house” via school disciplinary action. Note, too, that such behavior must be reported even if the weapon is not discovered: any allegation or indication of a dangerous weapon at school must be reported. A firearm at school requires a MANDATORY search, expulsion, arrest and booking at the Youth Service Center or jail, and the arresting law enforcement agency must initiate a mental health evaluation. When a person between the ages of 12 and 21 is arrested for having a firearm at school, RCW 9.41.280 contains two important requirements for law enforcement. First, there is no discretion as to whether or not a student should be booked at the Youth Service Center or—if the student is 18 years old or older—at the local jail. It is mandatory. A judge must make a decision whether or not the youth should be released. Second, the law enforcement agency must initiate a examination with a county-designated mental health professional, or CDMHP, within twenty-four hours of the arrest and—like the school—must inform a parent or guardian of the arrest, detention, and examination. (A CDMHP is typically available through a local hospital or crises center. In King County, the CDMHP can be reached until 4:30 p.m. at Harborview Medical Center at (206) 296-5296. After 4:30 p.m. the CDMHP can be reached through the crisis clinic at (206) 461-3222.) This evaluation becomes an important component for the court to consider when the court decides whether or not to release the youth. Please feel free to contact the School Violence Program with questions or comments through the coordinating Deputy Prosecutor information listed below: LEAH TAGUBA * External Link Dated: January 18, 2008 |
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