On August 19th, officers with the Clark County School District Police Department were called out to respond to a firearm incident at Legacy High School. According to initial reports, a 52-year-old substitute teacher has been arrested and will no longer be eligible to apply for substitute jobs in the district ever again.
So, what did the alleged suspect do? Reports indicate that the female instructor had a firearm in her vehicle while she was teaching at Legacy High School. Authorities, school staff, and students all reported to the media that no threat existed to anyone during the entire ordeal.
Jynnell McClellan, the substitute teacher, was reportedly doing her job when the police were called on her. Authorities arrived, searched the scene, and discovered a firearm in the parking lot that belonged to the fill-in teacher. Since it’s illegal to possess a firearm on school property in Nevada, McClellan was arrested in the middle of her teaching shift.
Police say McClellan has been teaching in the district for over nine years, and she’s been assigned to the high school she was teaching at several times in the past.
It remains unclear who made the call about the firearm or why, but a crime was committed nonetheless. Unfortunately, this offense will cost the substitute her career unless she switches districts.
Gun laws are extremely complicated since they’re often a mixture of federal, state, local, and even venue-specific rules and regulations. In Nevada, schools are considered gun-free zones, so you aren’t permitted to possess a firearm at all, even if you have the proper permits. This law, NRS § 202.265, also makes it a crime to carry a knife or any other type of weapon into a school or childcare facility. This includes items like switchblades, explosives, clubs, knuckles, nunchakus, or paintball guns.
Unfortunately for the suspect above, the law mentions explicitly that weapons can’t be anywhere on the property of these facilities, even in a vehicle. The only exceptions to this very specific statute are that weapons may be carried by peace officers, school security guards, or individuals who have specific written permission from the president of the Nevada System of Higher Education or the principal of the school.
The typical punishment for this offense is up to 364 days in jail and up to $2,000 in fines.
There are a few defenses to these charges, including arguing that you didn’t know you were in possession of the weapon at the time of the arrest. It’s reasonable to assume the suspect may have had a passenger who forgot the gun in the car, leaving the suspect unaware of its presence. You could also argue that the police search that revealed the weapon was a violation of your rights. This strategy may prove difficult, though, if someone else reported the suspected weapon.
Have you recently been hit with a weapons-related charge in Nevada? We can help! Schedule a meeting with our criminal defense attorneys now to talk about your situation in more detail with our team.