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31. Firearm Use

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).

  • 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 not less than 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.
  • Safe Gun Storage: Secure firearm storage is an essential part of home safety. If a decision has been made to bring a gun into your home, parents/guardians can make the home safer by storing any firearms unloaded and locked, with ammunition kept in a separate place. Research has proven that this simple practice can help prevent unintentional shootings, gun suicides, and other tragedies that can result when children and teens gain access to guns. For more information, see the Be SMART for Kids Website.

This infraction requires a police report with the appropriate charge.*

Asterisk (*) Indicates Additional Required action for any Consequence to ensure Student Due Process

Required actions for ALL infractions listed below:

  • Staff/Student Contact in Student Information System
  • Administrative/Parent Contact/Conference
  • Copy of the Referral provided to Parent/Guardian

Consequences/Disposition

Elementary

Expulsion Hearing with mandatory expulsion of a period of not less than one year and up to permanent expulsion.

Middle/High

Expulsion Hearing with mandatory expulsion of a period of not less than one year and up to permanent expulsion.


Updated as of July 2024

This page was last updated on: July 26, 2022.