Mich. Comp. Laws » Michigan Compiled Laws / Chapter 380 / Act 451 of 1976
Michigan Compiled Laws

Mich. Comp. Laws § 380.1313 (2026)

Dangerous weapon found in possession of pupil; report; confiscation by school official; determination of legal owner; “dangerous weapon” defined.

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THE REVISED SCHOOL CODE


Act 451 of 1976


380.1313 Dangerous weapon found in possession of pupil; report; confiscation by school official; determination of legal owner; “dangerous weapon” defined.

Sec. 1313.

    (1) If a dangerous weapon is found in the possession of a pupil while the pupil is in attendance at school or a school activity or while the pupil is enroute to or from school on a school bus, the superintendent of the school district or intermediate school district, or his or her designee, immediately shall report that finding to the pupil's parent or legal guardian and the local law enforcement agency.

    (2) If a school official finds that a dangerous weapon is in the possession of a pupil as described in subsection (1), the school official may confiscate the dangerous weapon or shall request a law enforcement agency to respond as soon as possible and to confiscate the dangerous weapon. If a school official confiscates a dangerous weapon under this subsection, the school official shall give the dangerous weapon to a law enforcement agency and shall not release the dangerous weapon to any other person, including the legal owner of the dangerous weapon. A school official who complies in good faith with this section is not civilly or criminally liable for that compliance.

    (3) A law enforcement agency that takes possession of a dangerous weapon under subsection (2) shall check all available local and state stolen weapon and stolen property files and the national crime information center stolen gun and property files to determine the legal owner of the dangerous weapon. If the dangerous weapon is a pistol, the law enforcement agency also shall check the state pistol registration records to determine the legal owner. If the law enforcement agency is able to determine the legal owner of the dangerous weapon, and if the legal owner did not knowingly provide the dangerous weapon to the pupil or lawfully provided the dangerous weapon to the pupil but did not know or have reason to know that the pupil would possess the dangerous weapon while in attendance at school or a school activity or while en route to or from school on a school bus, the law enforcement agency shall send by certified mail to the legal owner a notice that the agency is in possession of the dangerous weapon and that the legal owner has 90 days from receipt of the notice to claim the dangerous weapon.

    (4) As used in this section, "dangerous weapon" means a firearm, dagger, dirk, stiletto, knife with a blade over 3 inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles.

History: Add. 1987, Act 211, Imd. Eff. Dec. 22, 1987 ;-- Am. 1995, Act 76, Eff. Aug. 1, 1995

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Act 451
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1997–2021 · leading case: Davis v. Hillsdale Cmty. Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1997).
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Davis v. Hillsdale Cmty. Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1997). · cites it 2× “” Instead, it refers to the definition in MCL 380.1313; MSA 15.41313 (§ 1313). MCL 380.”
in Re Luccus Payne Stiller (Mich. Ct. App. 2017). · cites it 3× “But by its plain language, the application of that definition is clearly limited to MCL 380.1313, a statute that allows a school official to take certain actions upon discovery of a “dangerous weapon” in the possession of a pupil.”
in Re Luccus Payne Stiller (Mich. Ct. App. 2017). · cites it 3× “But by its plain language, the application of that definition is clearly limited to MCL 380.1313, a statute that allows a school official to take certain actions upon discovery of a “dangerous weapon” in the possession of a pupil.”
HEARD v. Detroit Pub. Schs. Cmty. Dist. (E.D. Mich. 2021). · cites it 3× “See Mich. Comp. Laws § 380.1313 §§ 4(a) and (d).”
Davis v. Hillsdale Cmty. Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1998). · cites it 2× “§ 380.1313; M.S.A. § 15.41313 (§1313). M.”
Michigan Open Carry Inc v. Clio Area Sch. Dist. (Mich. Ct. App. 2016). “]” MCL 380.1313(2) authorizes a school official to confiscate a dangerous weapon in the possession of a pupil.”
Michigan Gun Owners Inc v. Ann Arbor Pub. Schs. (Mich. Ct. App. 2016). “]” MCL 380.1313(2) authorizes a school official to confiscate a dangerous weapon in the possession of a pupil.”
— Mich. Comp. Laws § 380.1313(2) — 2 cases
Michigan Open Carry Inc v. Clio Area Sch. Dist. (Mich. Ct. App. 2016). “]” MCL 380.1313(2) authorizes a school official to confiscate a dangerous weapon in the possession of a pupil.”
Michigan Gun Owners Inc v. Ann Arbor Pub. Schs. (Mich. Ct. App. 2016). “]” MCL 380.1313(2) authorizes a school official to confiscate a dangerous weapon in the possession of a pupil.”
— Mich. Comp. Laws § 380.1313(4) — 4 cases
Davis v. Hillsdale Cmty. Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1997). “” Instead, it refers to the definition in MCL 380.1313; MSA 15.41313 (§ 1313). MCL 380.”
Davis v. Hillsdale Cmty. Sch. Dist., 573 N.W.2d 77 (Mich. Ct. App. 1998). “§ 380.1313; M.S.A. § 15.41313 (§1313). M.”
in Re Luccus Payne Stiller (Mich. Ct. App. 2017). “But by its plain language, the application of that definition is clearly limited to MCL 380.1313, a statute that allows a school official to take certain actions upon discovery of a “dangerous weapon” in the possession of a pupil.”
in Re Luccus Payne Stiller (Mich. Ct. App. 2017). “But by its plain language, the application of that definition is clearly limited to MCL 380.1313, a statute that allows a school official to take certain actions upon discovery of a “dangerous weapon” in the possession of a pupil.”
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