An Ellisor Elementary (EE) first grade student reportedly brought a loaded gun to school on May 9.

According to Magnolia ISD, following the day’s class dismissals a student told their parent that a fellow student had a gun in his backpack. The parent called EE staff and then the school staff notified authorities.

Pct. 5 Constable’s Office began investigating the incident. According to Pct. 5 Constable Sgt. Dale Park, the student’s father was contacted. Park said the father was asked to look into his son’s backpack at which point the gun, a 9 mm Beretta, was discovered.

The father told the Constable’s Office that the gun he found was unloaded. He also said that the gun did not belong to him or his son. Park said further investigation ensued.

The following day a letter was sent home to parents and guardians of Ellisor students.

“On May 9, 2011, it was brought to the attention of Ellisor Elementary School’s administration that a first grade student had an unloaded firearm in his backpack,” the letter stated. “School personnel responded immediately, working with law enforcement officials to ensure that a thorough investigation was conducted.”

During further investigation, Park was informed that the first grader had taken the gun from his mother’s closet. He was taking the gun to school in order to return the gun to his father after school, because he believed the gun belonged to his father. However, Park said the gun does belong to the mother.

Then, on May 19, Pct. 5 Constable’s Office released another statement.

“As of May 18, 2011, witnesses have come forward and have given sworn statements stating the gun was loaded. Charges have been filed on the student’s mother and referred to the Justice of the Peace Court, for Violation of Penal Code 46.13 ‘Making a Firearm Accessible to a Child,’” the press release stated.

Park said the father still says the gun had no ammunition, but the Constable’s Office now has three sworn statements that the gun was loaded.

Initially, the Montgomery County District Attorney did not accept the charges, because the gun was reportedly unloaded.

Park said that this is because an unloaded gun does not meet the requirements of a dischargeable firearm. Now, the mother could face a misdemeanor charge if a judge believes the gun had ammunition. According to the Texas Penal Code, the student cannot be charged, because he is not at least 10 years of age.

At this point, it will be up to a judge to decide whether he believes the gun was loaded or unloaded at school, according to Park.

MISD Communications Officer Charlie Brown did not say what exactly the school chose to do in the matter. He said this type of incident is handled case by case.

Per district policy, MISD staff and administrators cannot comment publicly on specific disciplinary actions and its students.

“Disciplinary action in this matter was compliant with the MISD Student Code of Conduct and MISD School Board Policy,” MISD said in the press release and letter to parents.

MISD School Board Policy states that “a student shall be expelled from school if the student possesses, uses, exhibits any firearm, illegal knife, club or prohibited weapon, on school property or while attending a school-sponsored or school-related activity on or off school property.”

The policy also states that “a student younger than 10 years of age shall not be expelled but shall be placed in a disciplinary alternative education program.”

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