Campus carry in the United States

Campus carry in the United States refers to the possession of firearms on college or university campuses in the United States. Each state has its own discretion on laws concerning campus carry.

A map of campus carry laws in the United States:
  Mandatory (guns always allowed)
  Institutional (campuses can choose)
  Non-permissive (guns banned)
Firearm legal topics of the
United States
 United States portal

As of 2019, 16 states ban the carrying of a concealed weapon on a college campus; 23 states allow individual colleges and universities to make decisions on whether to prohibit or permit the carrying of a concealed weapon on their campuses; 10 states (either because of state legislation or judicial decision) permit the carrying of concealed weapons on public post-secondary college campuses; and one state (Utah) has a specific state law requiring all public colleges and universities to allow the carrying of concealed weapons on their property.[1]

History

The first state to legalize campus carry on a statewide basis was Utah in 2004.[2] In 2012, in a lawsuit brought by the activist group Students for Concealed Carry, the Colorado Supreme Court ruled that the 2003 Colorado Concealed Carry Act prohibited public universities in the state from regulating the possession of concealed handguns on campus. Before the 2012 decision, the University of Colorado System, although not other Colorado public universities had banned firearms possessions on its property, as a non-binding state attorney general's opinion stated that the University of Colorado was not subject to the Concealed Carry Act.[3][4]

Public opinion

Campus Carry falls under the general gun debate in the United States and while many support this law, others may not necessarily agree.

While there are a variety of First Amendment attacks to compulsory campus carry laws that can be made, there is no countervailing Second Amendment right to carry firearms on college campuses. Even if a court were to recognize such a right, the First Amendment rights to academic freedom and free speech trump this individual right to self-defense because firearms have a chilling effect on freedom of thought and speech, and these rights are more valued than firearms.[5]

Many do believe that permitting firearms in a classroom would lead to disruption in the learning processes of students but also diminish the overall safety of students. “Ball State University found that 78% of students from 15 Midwestern colleges and universities would feel unsafe if students, faculty and visitors carried concealed firearms on campus” (Marc Randsford, 2014)[5] In a study published in 2012, survey results from two college campuses indicated a majority of faculty, students, and staff (73%) did not want qualified individuals to be able to carry a gun on campus, 70% did not feel safer with more concealed guns on campus, and 72% did not think armed faculty, students, and staff would promote a greater sense of campus safety.[6]

Campus carry by state

There are three different forms of campus carry laws that states enact: mandatory, institutional, or non-permissive.

Mandatory refers to a law or court decision which requires a publicly funded institution to generally allow firearms on campus, though some locations may be exempted depending on the school policy (e.g. in a secure area, or at a sporting event). Restricted areas vary by state and individual school; refer to a school's specific policy for details. Some states require the firearm to be concealed (e.g. Texas) while others allow concealed or open carry (e.g. Utah).

Institutional refers to the decision of each institution to determine whether to allow firearms on campus. School firearm policies generally do not have the force of law. The majority of institutions in these states opt to ban guns with a few exceptions (e.g. Liberty University).

Non-permissive refers to the prohibition of firearms on any institutional property by law, with limited exceptions.

For full details for each state, including references to state laws and campus policies, see references.[1][7][8]

Status of campus carry, by jurisdiction
Jurisdiction Mandatory Institutional Non-permissive Notes
Alabama Y
Alaska Y
Arizona Y May keep a gun in a locked car in parking lot.
Arkansas Y Effective September 1, 2017. Enhanced concealed carry permit holders only. Concealed carry only; open carry is forbidden. May carry, but not store, firearms in university-owned or -operated dormitories/residence halls.[9] May not carry "into a location where an official meeting is being conducted in accordance with documented grievance and disciplinary procedures as established by the university, provided that certain other requirements are met."[9] May not carry in a public preschool or K-12 school.[10] Under state law, the Arkansas State Hospital and the University of Arkansas for Medical Sciences "may submit security plans to the State Police to obtain permission to designate certain sensitive areas off-limit to firearms, and colleges and universities may do the same while hosting or sponsoring collegiate athletic events, as specified."[10] May keep a gun in a locked car in parking lot.[11]
California N May carry only with permission of institutional authorities; otherwise guns banned.[12]
Colorado Y May carry concealed as per the Concealed Carry Act of 2003. Affirmed by the Colorado Supreme Court in 2012 that public universities may not ban guns for persons who have concealed carry permits.[3]
Connecticut Y
Delaware Y
District of Columbia N
Florida N May keep a gun in a locked car in parking lot.
Georgia Y Effective July 1, 2017.[13] Allows the holders of concealed-carry permits who are 21 years of age to carry concealed firearms on some parts of campus, as well as to leave firearms in locked vehicles.[13][14] Carrying of firearms is not permitted in dormitories; fraternity and sorority houses; gymnasiums and athletic venues; "classrooms used to teach high school students in dual enrollment programs"; "faculty, staff and administrative offices"; "rooms where disciplinary hearings are held"; and campus child-care centers.[14]
Hawaii Y
Idaho Y Enhanced concealed carry permit holders only. Concealed carry only; open carry is forbidden.
Illinois N May keep a gun in a locked car in parking lot.
Indiana Y May keep a gun in a locked car in parking lot.[15] This applies to grade school; unclear if it would apply to college parking lots.
Iowa N Weapons banned on campus.[16]
Kansas Y Effective July 1, 2017. Concealed carry only. No permit required. Gun ban allowed only if "adequate security measures" are in place.

Adequate security measures includes the use of metal detectors, armed personnel, metal detecting wands, etc.

Kentucky Y May keep a gun in a locked car in parking lot.
Louisiana N May carry only with permission of institutional authorities; otherwise guns banned. May keep a gun in dormitory. May keep a gun in a locked car in parking lot.[17][18]
Maine Y
Maryland Y
Massachusetts N
Michigan Y N State law bans the concealed carry of guns in dormitories or classrooms of colleges, but not college grounds. Open carry is not illegal.[19] May also carry if the parent of a child in school.[20] May also carry at Michigan State University grounds but not buildings.[21] More information here. May keep a gun in a locked car in parking lot.
Minnesota Y Colleges may only forbid carrying by employees and students. Only employment or academic sanctions may be imposed; no criminal charges. Non-employees/non-students can carry. May keep a gun in a locked car in parking lot.[22]
Mississippi Y Permit holders who have taken a voluntary instructional course on the safe handling of firearms may carry on school property.
Missouri N
Montana Y May keep a gun in a locked car in parking lot.
Nebraska N May keep a gun in a locked car in parking lot.
Nevada N May carry, or keep a gun in a locked car in parking lot, only with permission of institutional authorities; otherwise guns banned.[23]
New Hampshire Y
New Jersey N
New Mexico N May keep a gun in a locked car in parking lot. May carry openly or concealed while in a motor vehicle on campus if 19+, but carrying on-foot while on campus is prohibited. Exceptions exist for university-sponsored shooting events and ROTC programs.[24]
New York N
North Carolina N May keep a gun in a locked car in parking lot.
North Dakota Y May keep a gun in a locked car in parking lot.
Ohio Y N No law against open carry on college grounds (not buildings) thus making open carry institutional. However, open carry by students of that institution may be subject to code of conduct violations/discipline. May carry concealed only with permission of institutional authorities; otherwise concealed carry banned. May keep a gun in a locked car in parking lot.
Oklahoma N May carry only with permission of institutional authorities; otherwise guns banned. May keep a gun in a locked car in parking lot.
Oregon Y The Oregon Court of Appeals ruled in 2011 that concealed carry permit holders cannot be forbidden from carrying guns on the grounds of public universities. Campus buildings are exempted.
Pennsylvania Y
Rhode Island Y
South Carolina N May carry only with permission of institutional authorities; otherwise guns banned.[25] May keep a gun in a locked car in parking lot.
South Dakota Y
Tennessee N Full-time employees of public colleges/universities with handgun carry permits may carry concealed; students/general public cannot.[26] May keep a gun in a locked car in parking lot.
Texas Y Effective August 1, 2016 for 4 year universities; August 1, 2017 for community colleges. Concealed carry only; open carry is forbidden. Limited gun-free zones are allowed for specific sensitive places. Private institutions may opt out, and all have done so, with the exception of Amberton University.[27]
Utah Y Both concealed and open carry are allowed at all public institutions.
Vermont Y
Virginia Y
Washington Y N University of Washington: may carry only with permission of institutional authorities; otherwise guns banned.[28]

All other public universities: institutional.

West Virginia Y May keep a gun in a locked car in parking lot.[29]
Wisconsin Y Campus buildings are exempted if signs posted.
Wyoming Y N No law against open carry, thus making open carry institutional. May carry concealed only with permission of institutional authorities; otherwise concealed carry banned.[30]


See also

References
  1. "Guns on Campus: Overview". National Conference of State Legislatures. November 1, 2019.
  2. "Utah only state to allow guns at college". Associated Press. 2007-04-28. Retrieved March 23, 2017.
  3. Kopel, David (20 April 2015). "Guns on university campuses: The Colorado experience". Washington Post.
  4. Students for Concealed Carry on Campus, LLC v. Regents of the Univ. of Colo., 280 P.3d 18, 28 (Colo. App. 2010), aff'd, 271 P.3d 496 (Colo. 2012).
  5. Lewis, Shaundra K. (2017). "Crossfire on Compulsory Campus Carry Laws: When the First and Second Amendments Collide" (PDF). Iowa Law Review. 102 (5): 2109–2144. ProQuest 2187897377.
  6. Patten, Ryan; Thomas, Matthew O.; Wada, James C. (15 November 2012). "Packing Heat: Attitudes Regarding Concealed Weapons on College Campuses". American Journal of Criminal Justice. 38 (4): 551–569. doi:10.1007/s12103-012-9191-1.
  7. "Colleges and Universities where concealed guns are permitted". Armed Campuses. Retrieved 2016-04-29.
  8. "State By State". concealedcampus.org. Retrieved 2016-12-01.
  9. "Concealed Carry Frequently Asked Questions". University of Arkansas at Little Rock. Retrieved March 19, 2020.
  10. "Other Location Restrictions in Arkansas". Giffords Law Center to Prevent Gun Violence. October 9, 2019.
  11. "Act 1078" (PDF).
  12. "In wake of school shootings, Gov. Jerry Brown bans concealed guns on California campuses". Los Angeles Times. 10 October 2015.
  13. Ramsey Touchberry, What Georgia's new concealed campus carry law means for students and faculty, Atlanta Journal-Constitution (July 12, 2017).
  14. Eric Stirgus & Maya T. Prabhu, Georgia's year-old campus carry law still stirs confusion, debate, Atlanta Journal-Constitution (July 2, 2018).
  15. "Gov. Mike Pence signs bill to allow guns in school parking lots". Indianapolis Star. Retrieved 2016-12-01.
  16. "681-13.14(5)" (PDF).
  17. "Louisiana State Legislature". legis.la.gov. Retrieved 2018-05-01.
  18. "Louisiana State Legislature". legis.la.gov. Retrieved 2018-05-01.
  19. "So, it's legal to carry a loaded gun into a Michigan school?". MLive.com. Retrieved 2017-10-31.
  20. "Michigan Legislature - Section 28.425o". www.legislature.mi.gov. Retrieved 2016-09-07.
  21. "MSU allows people to carry concealed firearms on campus". Retrieved 2016-09-07.
  22. "624.714 - 2016 Minnesota Statutes". www.revisor.mn.gov. Retrieved 2016-12-01.
  23. "NRS: Chapter 202 - Crimes Against Public Health and Safety". www.leg.state.nv.us. Retrieved 2016-12-01.
  24. "2017 New Mexico Statutes :: Chapter 30 - Criminal Offenses :: Article 7 - Weapons and Explosives :: Section 30-7-2.4 - Unlawful carrying of a firearm on university premises; notice; penalty". Justia Law. Retrieved 2019-06-08.
  25. "2009-2010 Bill 593: Weapons - South Carolina Legislature Online".
  26. "TN Gov. Haslam lets guns-on-campus bill become law without his signature". timesfreepress.com. 2016-05-02. Retrieved 2016-05-04.
  27. Watkins, Matthew; Conway, Madeline (2016-07-29). "Only One Private Texas University Adopting Campus Carry". The Texas Tribune. Retrieved 2016-08-03.
  28. "WAC 478-124-020: Conduct on campus code—Prohibited conduct". apps.leg.wa.gov. Retrieved 2016-12-01.
  29. "West Virginia SB388 | 2017 | Regular Session". LegiScan. Retrieved 2020-03-22.
  30. "2015 Wyoming Code :: Title 6 - Crimes and Offenses :: Chapter 8 - Weapons :: Article 1 - Weapons Offenses :: Section 6-8-104 - Wearing or carrying concealed weapons; penalties; exceptions; permits". Justia Law. Retrieved 2017-02-25.
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