A Weld County student who used a toy laser pointer that looked like a gun in a classroom was properly expelled from school, the Colorado Court of Appeals ruled Thursday.
The middle school student, referred to in court documents as M.M., admitted to the school principal he had the toy and pulled the trigger to project the laser around the room.
A judge had originally ruled in the student’s favor, saying the toy laser pointer couldn’t be mistaken for a real firearm.
But a district court judge overturned the magistrate, and the Court of Appeals agreed, saying the school board was justified in expelling him.
The appellate court noted that the toy had the realistic shape of a pistol, as well a moveable trigger mechanism, a moveable hammer mechanism and an open-ended barrel.
“In our view, the appearance of the toy, together with the witness statements to the effect that they thought the toy was real, supports the factual conclusion it could be reasonably mistaken for an actual firearm,” Thursday’s opinion said.
Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.
