Colchester, Connecticut

1700P Possession of Deadly Weapons or Firearms

Board of Education Meeting 6:00PM

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CABE-SUGGESTED POLICY LANGUAGE & LEGAL REFERENCE UPDATE

                                                                                            1700P

                                                             COMMUNITY/BOARD OPERATIONS

                      POSSESSION OF DEADLY WEAPONS OR FIREARMS POLICY


Notwithstanding the otherwise lawful possession of firearms defined in section 53a‑3 in or on
the real property comprising school district property by persons who hold a valid state or
local permit to carry a firearm and would otherwise legally traverse school property with an
unloaded firearm for the purpose of gaining access to public or private lands open to hunting
or for other lawful purposes, such entry onto school property by these persons for these
purposes is prohibited by the Board of Education.

The issuance of a permit to carry a pistol or revolver does not authorize the possession or
carrying of a pistol or revolver on school district property. The Board of Education prohibits
such possession on school district property.


I.     Definitions:

       A.     Deadly Weapon means "any weapon, whether loaded or unloaded, from which a
              shot may be discharged, or a switchblade knife, gravity knife, billy, blackjack,
              bludgeon, or metal knuckles." Conn. Gen. Stat. § 53a-3 (6).

       B.     Firearm means "any sawed-off shotgun, machine gun, rifle, shotgun, pistol,
              revolver, or other weapon, whether loaded or unloaded, from which a shot may
              be discharged." Conn. Gen. Stat. § 53a-3 (19).

       C.     Peace Officer means “a member of the Division of State Police within the
              Department of Emergency Services and Public Protection or an organized local
              police department, a chief inspector or inspector in the Division of Criminal
              Justice, a state marshal while exercising authority granted under any provision of
              the general statutes, a judicial marshal in the performance of the duties of a
              judicial marshal, a conservation officer or special conservation officer, as defined
              in section 26-5, a constable who performs criminal law enforcement duties, a
              special policeman appointed under section 29-18, 29-18a or 29-19, an adult
              probation officer, an official of the Department of Correction authorized by the
              Commissioner of Correction to make arrests in a correctional institution or
              facility, any investigator in the investigations unit of the office of the State
              Treasurer, any special agent of the federal government authorized to enforce the

POSSESSION OF DEADLY WEAPONS OR FIREARMS POLICY                                        Page 1 of 4
               provisions of Title 21 of the United States Code, or a member of a law
               enforcement unit of the Mashantucket Pequot Tribe or the Mohegan Tribe of
               Indians of Connecticut created and governed by a memorandum of agreement
               under 47-65c who is certified as a police officer by the Police Officer Standards
               and Training Council pursuant to sections 7-294a to 7-294e, inclusive.” Conn.
               Gen. Stat. § 53a-3 (9).

       D.      Real Property means the land and all temporary and permanent structures
               comprising the district's elementary and secondary schools, and administrative
               office buildings. Real property includes, but is not limited to, the following:
               classrooms, hallways, storage facilities, theatres, gymnasiums, fields, and parking
               lots.

       E.      School-Sponsored Activity "means any activity sponsored, recognized or
               authorized by a board of education and includes activities conducted on or off
               school property." Conn. Gen. Stat. § 10-233a(h).


II.    Prohibition of Deadly Weapons and Firearms

       In accordance with Conn. Gen. Stat. § 29-28(e) and § 53a-217b, the possession and/or
       use of a deadly weapon or firearm on the real property of any school or administrative
       office building in this district, or at a school-sponsored activity, is prohibited, even if the
       person possessing the deadly weapon or firearm has a permit for such item.

III.   Peace Officer Exception

       A peace officer engaged in the performance of his or her official duties who is in lawful
       possession of a deadly weapon or firearm may bring such item on the real property of
       any school or administrative office building in this district, or to a school-sponsored
       activity.

IV.    Other Exceptions

       Persons in lawful possession of a deadly weapon or firearm may possess such item on
       the real property of any school or administrative office building in this district, or to a
       school-sponsored activity if:

       A.      The person brings the deadly weapon or firearm on the real property of any
               school or administrative office building or to a school-sponsored activity for use
               in a program approved by school officials. In such case, the person must give
               school officials notice of his/her intention to bring such item, and the person
               must receive prior written permission from school officials.


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       B.      The person possesses the deadly weapon or firearm on the real property of any
               school or administrative office building or at a school-sponsored activity
               pursuant to a written agreement with school officials or a written agreement
               between such person's employer and school officials.

V.     Consequences

       A.      Unless subject to one of the exceptions listed above, any person who possesses a
               deadly weapon or firearm on the real property of an elementary or secondary
               school in this district, or administrative office building, or at a school-sponsored
               activity, whether or not the person is lawfully permitted to carry such deadly
               weapon or firearm, will be reported to the local police authorities once school
               officials become aware of its possession.

       B.      A student who possesses and/or uses any deadly weapon or firearm on school
               property in violation of this policy shall be disciplined in accordance with Board
               of Education Student Discipline Policy.


       C.      The Board of Education reserves the right to forbid anyone caught possessing a
               deadly weapon or firearm on the real property of its school buildings or
               administrative office buildings, or at a school-sponsored activity, from using any
               and all school facilities.


Legal Reference:      Connecticut General Statutes
                      29-28 Permit for sale at retail of pistol or revolver. Permit to carry a pistol or
                      revolver. Confidentiality of name and address of permit holder. (as amended
                      by PA 98-129)

                       29-33 Sale, delivery or transfer of pistol and revolvers. Documentation
                      requirements. Waiting period. Exempted transactions. Penalty. (as amended
                      by PA 98-129)

                      52a-3 Definitions.
                      53a-217b Possession of a weapon on school grounds: Class D felony. (as
                      amended by PA 16-55)

                      P.A. 13-188 An Act Concerning School Safety

                      P.A. 14-217 Section 254 of “Budget Implementer Bill”

                      P.A. 14-212 An Act Concerning the State Education Resource Center



POSSESSION OF DEADLY WEAPONS OR FIREARMS POLICY                                            Page 3 of 4
                     P.A. 16-55 An Act Concerning Recommendations by the Department of Motor
                     Vehicles Regarding Hazardous Materials, Car Dealers, Student Transportation
                     Vehicle Operators, Diversion Programs and Motor Vehicle Inspectors




Legal References:
       Connecticut General Statutes § 10-233a
                                    § 10-244a
                                    § 29-28(e)
                                    § 53a-3
                                    § 53a-217b


POLICY ADOPTED:      December 13, 2016 (Replaces Policies 1700, 5131.7, 4118.233/4218.233)
REVISED:             September 14, 2021 (Reinstates Policy #1700P)




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