McIntosh student arrested for weapons in car

Wed, 01/10/2007 - 2:40pm
By: John Munford

A McIntosh High School student was arrested Tuesday after officials found several weapons inside his car while it was parked near the school grounds, police said.

Clayton West, 17, of Walt Banks Road, Peachtree City was charged with four counts of possession of a weapon within a school safety zone; additional charges of possession of marijuana and underage possession of alcohol were also posted based on items found in the vehicle search, police said.

West’s car was targeted when the school’s resource officer was conducting a perimeter check of the campus, police said. While doing so, the officer saw what appeared to be a handgun inside the vehicle, police said. Another gun was found in the car, but both had been manufactured to look as if they were real firearms: one was actually a BB handgun and the other was an AirSoft handgun, police said.

Police also found a large knife and brass knuckles in the vehicle, in addition to the marijuana and alcohol, police said.

The vehicle was not on campus at the time but it was parked within 1,000 feet of the school property, police said.

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All Smiles's picture
Submitted by All Smiles on Thu, 01/11/2007 - 6:34am.

Bring in the dogs; they'll find more!!! Or wait, maybe not, the principle doesn't like to take the heat from the parents with this move. Okay, just look the other way.
I know all the other dogs in the neighborhood and we would love to go sniff'in. Maybe one day...............


Submitted by xeon on Thu, 01/11/2007 - 10:27am.

You hit that one on the head, there's alot more of this going on. However, I don't think that "one day" will be here any time soon.

Submitted by skyspy on Wed, 01/10/2007 - 4:50pm.

So the sentence the Kittrell kid got definitly wasn't a deterrent.

I can hardly wait to hear the excuses this kid is going to come up with.

Good job to the school cop.

bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 5:35pm.

I would like to read it.


Basmati's picture
Submitted by Basmati on Wed, 01/10/2007 - 7:22pm.

Georgia Code Title 16, Section 16-11-127.1

BB guns make a felon.

Republicanism run amok.


Submitted by myword_mark on Wed, 01/10/2007 - 7:25pm.

Great minds? I beat your post by 1 minute. I didn't post the link because this is one we all really should read. Good job.

bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 7:36pm.

Now a another question.

According to the definition of "missile", being as vague as the law sometimes is, wouldn't a paper-clip propelled via a rubber-band qualify?

For that matter a "spit ball" could qualify.

One final question. If I have my concealed weapons permit; it appears for reading the code that I can have my .45 on me and drop off and pick up my kid at school. Am I reading that correctly?


Git Real's picture
Submitted by Git Real on Wed, 01/10/2007 - 7:44pm.

Which is a relief to me. But if I read it right and you do not have a carry permit then you had better have your weapon locked up while transporting your child.

The confusing one for me was whether a teacher could have a weapon in their vehicle. From what I understand your vehicle is an extension of your home and that is why you can transport and carry without a permit as long as your weapon is in the glove box or locked in the trunk. I think I'm on track with this one other than whether a teacher has the right to carry in their vehicle.


bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 7:56pm.

"you had better have your weapon locked up while transporting your child."

It makes no reference to the weapon being in a "locked" state.

Where's Richard when you need him?


Git Real's picture
Submitted by Git Real on Wed, 01/10/2007 - 8:23pm.

Locked up! Unless you have a carry permit. Then you have to remain in the vehicle.


bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 8:31pm.

And all this time I would stop by the house and leave my gun in the house before I'd pick up any of my kids.


bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 7:53pm.

(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.

What is missing is the "authorized by whom" part.


Git Real's picture
Submitted by Git Real on Wed, 01/10/2007 - 8:05pm.

Is that like a trick question for teachers? Authorized by whom??? The state law that makes ones vehicle an extension of their home?


Submitted by myword_mark on Wed, 01/10/2007 - 8:47pm.

School officials have extremely broad authority over the school grounds and the school safety zone.

Both conservative and liberal judges have consistently sided with schools in matters of searching for, and the confiscation of, weapons.

At no time is a student permitted to have a weapon on school grounds.

School grounds are also considered private property for reasons of trespass.

I am not sure why someone would want a replica of a weapon on school property, but it is also illegal.

Homes located within the "safety zone" are not subject to the same law or scrutiny for weapons but can be included under specific drug laws.

Any and all vehicles on school property are subject to search at any time by school personnel if any "reasonable suspicion" (in the mind of the administrator) exists that it may present a danger or any school rule MAY have been broken.

School personnel have a significant level of Sovereign Immunity and broad protection from liability.

Prosecution of school personnel requires a substantial level of proof of intentional wrong doing to be successful.

The law strongly encourages the school to error on the side of safety in search, seizure, and suspected weapons and drug violations.

This is a good resource for more information on schools: http://www.edweek.org/ew/index.html

Submitted by ptcadair on Fri, 01/12/2007 - 9:37am.

Schools do have extremely broad authority over a lot of things. A suggestion would be to start reading over the Student Code of Conduct booklet before you sign it. I think new laws should be written that help prevent administrators from abusing their power. What is the definition of "reasonable suspicion"? Example: A teen gets caught with a prescription drug on him, the school remembers off the top of their heads who also takes this medication, and tries to accuse them up for providing the other kid with the meds. Wouldn't reasonable suspicion be to look for other kids that sell drugs, not just take meds? I think that although the school may be correct in the case of this arrest, I do think they tend to abuse and misconstrue their power to a degree.

All Smiles's picture
Submitted by All Smiles on Fri, 01/12/2007 - 1:45pm.

Why can't we just have a random day and bring in the drug dogs. They can sniff out the building, parking lots and golf carts. There would be a BIG bust! Or should we just turn our heads the other way which is being done now because we are afraid of catching too many and smearing the name of our good school?


tortugaocho's picture
Submitted by tortugaocho on Fri, 01/12/2007 - 2:11pm.

A while back the principal at McIntosh tried exactly what you suggested. It was like shooting fish in a barrel. So many kids got busted that the parents were crying and whining about little Johnny or little Suzie not being able to go to college that the principal just said forget it. Think about it now. Kids gets busted and our local District Attorney sends 'em to teen camp for punishment. It's kind of like a bad Disney movie.


Submitted by dollaradayandfound on Fri, 01/12/2007 - 3:33pm.

The law has always operated on "complaints."
If a homeowner calls for instance, and says there are kids nearby laughing and hollering, they will come and arrest a few and the judge will ruin their careers for having teenage fun.
But, since the school gets into trouble from parent complaints, no more checks.

Submitted by myword_mark on Fri, 01/12/2007 - 3:03pm.

What does this about Peachtree City Parents:
So many kids got busted that the parents were crying and whining about little Johnny or little Suzie not being able to go to college that the principal just said forget it.

Let me pass along something I learned when I was an Administrator in a Public School: Everyone wants tough rules and discipline until it's their kid.

Since four guns, a sword, a switchblade, two speed loaders, etc. etc. get you ten months now, what else is the judge going to do?

((Just so you will know, having done some college teaching, the colleges for the most part wouldn't have any idea if Johnny or Susie ever got busted unless Johnny or Susie told them.))

Submitted by myword_mark on Fri, 01/12/2007 - 2:11pm.

Fayette County Schools have been doing random dog searches for the last few years. One of the top dog handlers is a good friend of mine.

All Middle and High Schools in the system have been a part of the program.

Unless you are referring to Elementary School, your assumption is not accurate.

Submitted by myword_mark on Fri, 01/12/2007 - 11:11am.

I just don’t think that you can hold Administrators accountable and take away their ability to make judgmental decisions. If you want one, you get both.

I personally feel that schools actually deserve MORE control over the students and the environment. The world and our kids are so vastly different than before that controlling an environment with over 1,000, 2,000 parents and hundreds of employees in it every day, all day, in this day and age requires some very broad powers. I don’t think the average person ever really stops to think about what school personnel deal with on a daily basis.

I suppose that's why a minimum of several years as a teacher and at minimum a Masters Degree at a real (accredited) college is a prerequisite to becoming an Administrator.

This is certainly and interesting topic though with a wide array of viable views and opinions.

Submitted by ptcadair on Fri, 01/12/2007 - 12:38pm.

You are absolutely correct about administrators having the proper education and credentials. However what about teachers? Aren't they to have continuing education classes? I have heard that many do not take the required courses. They are able to earn points by allowing upcoming teachers to teach in their classrooms. So many points are to be earned up to allow them to not have to go do the course. This system affects the students adversely because many teachers haven't been back to college for years. Our world has changed. A.D.D. runs rampant in our children. School systems can't deal with these kids and then they find ways around properly educating the teachers as to how to make the diverse background of all of the students mesh in the classroom. With the No Child Left Behind Laws and the A.D.A. establishing guidelines to include all kids in the normal classroom setting the teachers have to come to terms with the idea that they need to educate themselves. I foresee a day when kids with A.D.D. are the norm because of pollution, dyes in our foods, etc...

bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 8:51pm.

But I didn't have and reference to it.

Thanks.


Git Real's picture
Submitted by Git Real on Wed, 01/10/2007 - 9:03pm.

Good stuff.


bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 8:14pm.

There are states that are trying to change the laws so that teachers can have guns in schools. I think it's Nevada.

So now we have RAMBO trying to teach 7th grade English, great!

found it: Nevada Senator: Gun-Toting Teachers Would Stem School Violence


Git Real's picture
Submitted by Git Real on Wed, 01/10/2007 - 8:24pm.

That if the teacher "took out" a couple of the trouble makers it would set an example for the rest of the class.


bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 8:33pm.

A teacher with 30+ kids in a closed classroom for 8 hours a day isn't one of them.

The only person I trust with my kids and a gun is me.


Git Real's picture
Submitted by Git Real on Wed, 01/10/2007 - 9:00pm.

With certain teachers who are specifically trained. Not all and not at the discretion of each teacher. Yeah....some I'd say heck no.


bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 9:13pm.

It takes years to learn and more time to prefect. I know.

There are folks that have been in "police" and "military" type services that can't master it. It's tough for a reason.

With 2,000 kids lives at stake I would rather have two or three more SRO's in each school than a teacher with a gun and a one week training class under their belt.

Heck, I'd rather have my kids be the ones allowed to have a gun in school. They already know how to use them.


Git Real's picture
Submitted by Git Real on Wed, 01/10/2007 - 9:27pm.

Do you think that perhaps the parents of the murdered children at Columbine wish that someone with some firearms training would have been packing that day?


Submitted by myword_mark on Wed, 01/10/2007 - 7:21pm.

16-11-127.1.
(a) As used in this Code section, the term:
(1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.
(2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person´s control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. A child who violates this subsection shall be subject to the provisions of Code Section 15-11-63.
(c) The provisions of this Code section shall not apply to:
(1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes;
(2) Participants in organized sport shooting events or firearm training courses;
(3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense;
(4) Persons participating in law enforcement training conducted by a police academy certified by the Georgia Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof;
(5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2;
(B) A law enforcement officer of the United States government;
(C) A prosecuting attorney of this state or of the United States;
(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm;
(E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and
(F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof;
(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person´s possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;
(8) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;
(9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
(10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;
(12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation;
(13) Public safety directors of municipal corporations;
(14) State and federal trial and appellate judges;
(15) United States attorneys and assistant United States attorneys;
(16) Clerks of the superior courts; or
(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.
(d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person´s control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person´s control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.
(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section.
(3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law.
(e) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense;
(2) The real property was being used for other purposes besides school purposes at the time of the offense; or
(3) The offense took place on a school vehicle.
(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.
(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'

Git Real's picture
Submitted by Git Real on Wed, 01/10/2007 - 7:38pm.

(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;

Whew....I'm ok here.

(8) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school

Watch it folks. If you do not carry a weapons permit then pay attention to the operative word here....LOCKED This is the one they'll hang you on.

17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.

As an adult and teacher can one store a firearm in their vehicle while teaching during the day? Or is that person denied the right of having their vehicle considered an extension of their home?


Submitted by kittycat on Wed, 01/10/2007 - 9:13pm.

Total confusion reigns with me now---all of the above metions PUBLIC SCHOOLS...does this mean that the "kiddies" in the nation's private school sector can be "gun toting felons" or are we to assume that school means any school anywhere...so much text abounds within the code it's difficult to find a reference.

bad_ptc's picture
Submitted by bad_ptc on Wed, 01/10/2007 - 9:17pm.

Absolutely not.

The law is clear that "all" schools are afforded the same protection.


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