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September 13, 2003Zero tolerance?Parent asks for weapon rules to be more definedByRecord-Eagle staff writer TRAVERSE CITY - A school board member and a parent are calling for more clearly defined school weapon laws after eight Traverse City students were suspended for playing with air-propelled guns. The Traverse City Area Public Schools board suspended seven Central High School students and one East Junior High student last week for playing with the air guns at the Courtade Elementary playground in July. The guns are designed and weighted to resemble real firearms. School was not in session, but superintendent James Pavelka said the district followed the state's code regarding dangerous weapons because the incident occurred on school property. The Record-Eagle is not identifying the students. "I know they have to have these policies and laws to protect and to be able to prosecute people who do use them as weapons, but these boys were just having fun," said a father of one of the students. "They were off the couch, out of the house, I knew where they were." Pavelka said the "look-alike weapons" met the definition of the state school code for dangerous weapons because they expelled projectiles. The replica guns project 6 mm soft plastic pellets. School board member Matthew Lyberg said the state code needs to be "revised minimally" to consider whether other children were present at the scene and if the incident occurred while school was in session. "I think that equates to a different standard," he said. Lyberg said his perspective "softened" when he heard evidence about the gun replicas and realized the students were clearly using them for play and not to harm anyone. "The law states that anything of a variety of definitions, if an object was propelled, (is a dangerous weapon)," he said. "If you stretch the law, the human body - if you spit a spit ball. These are areas that need to be revisited in the law." Four of the boys were suspended for the remainder of the school year while the others received a one semester suspension. The board deferred the suspensions and allowed the students to return to school after only two days off, as long as they attend a gun safety class, perform two days of community service and are not referred for disciplinary action again. "The determination was made that the students did not know that they were using or had in their possessions dangerous weapons, and it was determined that they were not dangerous weapons," Pavelka said. Five of the boys were also charged in family court with possession of a BB gun by a minor. At least one of those cases was dismissed. The remaining students are waiting for preliminary examinations to be scheduled. One parent said many of the boys playing the game have taken hunter safety classes. He said they followed certain rules and wore protective goggles and clothing. "I didn't think they were doing anything wrong," he said. "I guess I am happy that they didn't get any more suspension or anything, but I am not real happy with what they did get." Andrew Macpherson, director of public affairs for the United States Federation of Airsoft Standards and Training, said manufacturers go to great lengths to make near copies of actual weapons. He said the models should not be used on public property without permission. "You do not want to have these very realistic models in the hands of people under 18 without adult supervision," he said. Because of the broadly-worded school code, one parent said students need to be careful about what they bring on school grounds. "You will always think twice about these types of toys again," he said.
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