Firearm, Use

Possession or use of any weapon, which will propel a projectile by the action of an explosive, and other weapons as defined in the United States Code: Title 18, Section 921. This definition does not apply to items such as toy guns, bb guns, or pellet guns, but does include bombs, grenades, and some explosives (also, see weapon possession).

*** “Possession” as used herein, includes not only possession on one’s physical person, but also custody and control.

Thus, a student may be found in possession of any item if the item is in the student’s backpack, locker, car, or elsewhere, if subject to the student’s custody and control.

  • ***The Gun Free Schools Act provides for a mandatory expulsion of a period of not less than one year for a student who is determined to have brought or to have possessed a firearm at school or any setting that is under the control and supervision of school officials. Only the superintendent may modify in writing the one-year expulsion requirement on a case-by-case basis. All school related incidents of firearm possession must be reported to the APS Police Department.
  • New Mexico requires that, if any school employee has reasonable cause to believe that a child is or has been in possession of a firearm on school premises, the employee shall immediately report the child’s actions to a law enforcement agency and the Children, Youth, and Families Department.
Table 1: Consequences For Firearm, Use
Firearm, UseConsequences –
Consequences –
Asterisk (*) Indicates Required action
Any Occurrence
  • Expulsion of not less than one year*
  • Expulsion of not less than one year*