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Thread: Which states offer the least restrictive campus carry laws?

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    Accomplished Advocate BB62's Avatar
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    Which states offer the least restrictive campus carry laws?

    According to Armed Campuses (an anti-gun site), a site which I believe is a bit dated, nine states allow for concealed campus carry: Arkansas,Colorado, Idaho, Kansas, Mississippi, Oregon, Texas, Utah, and Wisconsin.

    Unfortunately, some of the states which allow for campus carry also allow colleges to make their own rules, and you can guess what they decide...

    My question is this: Of the states which allow (or soon may allow) for campus carry, which ones have the least restrictions?

    Thanks!

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    Moderator / Administrator Grapeshot's Avatar
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    I'm going to go out on a limb and speculate from what I have read that would be Utah or Colorado. See post after this one.

    All other things aside, I do know where a college/university is that has one of the most pro of gun policies: Liberty University in Lynchburg, Virginia.

    "Liberty University has allowed students, faculty and staff who have gun permits to carry concealed weapons since 2011........everywhere on campus except for in residence halls."

    "Liberty University is ending a ban on firearms in residence halls, the president of the conservative evangelical Christian school announced Wednesday."

    "On Friday, in the wake of the San Bernardino massacre that killed 14 people, Falwell urged students to take a concealed weapon permit class that the university offers for free and legally carry their guns on campus."

    http://www.nbcnews.com/news/us-news/...-dorms-n477196

    The university also has a range for students to use.




    Last edited by Grapeshot; 02-18-2016 at 12:47 AM.
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    Moderator / Administrator Grapeshot's Avatar
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    Examples of other institutions permitting students and others to have concealed weapons with state permit and/or campus police permission:

    Colorado

    • uNIVERSITY OF COLORADO
    • COLORADO STATE UNIVERSITY
    • Aims Community College
    • Arapahoe Community College
    • Colorado Northwestern Community College
    • Community College of Aurora
    • Community College of Denver
    • Front Range Community College
    • Lamar Community College
    • Morgan Community College
    • Northeastern Junior College
    • Otero Junior College
    • Pikes Peak Community College
    • Pueblo Community College
    • Red Rocks Community College
    • Trinidad State Junior College


    Michigan

    • Michigan State University


    MISSISSIPPI

    • University of MISSISSIPPI


    Utah

    • University of Utah
    • Utah State University
    • Southern Utah University
    • Utah Valley University
    • Weber State University
    • Dixie State College of Utah
    • College of Eastern Utah
    • Snow College
    • Salt Lake Community College


    http://www.liberty.edu/administratio...x.cfm?PID=4153
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    Regular Member solus's Avatar
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    BB62, et al., IMHO, Colorado wins as in 2003 after the hoopla with Denver county, the legislature passed CRS 18-12-201. Legislative Declaration.

    quote: 1(e) It is necessary that the state occupy the field of regulation of the bearing of concealed handguns since the issuance of a concealed handgun permit is based on a person's constitutional right of self-protection and there is a prevailing state interest in ensuring that no citizen is arbitrarily denied a concealed handgun permit and in ensuring that the laws controlling the use of the permit are consistent throughout the state.

    2(b) It is necessary to provide statewide uniform standards for issuing permits to carry concealed handguns for self-defense. unquote

    things have settled in after that.

    yes the higher educational folk bulked but the legislature bluntly told them their funding would be cut off and seems the state regents decided $$$ was better and waited for the blood shed on campuses across the state...so the regents could say 'see' but it never manifested itself.

    ipse
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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Examples of other institutions permitting students and others to have concealed weapons with state permit and/or campus police permission: ...
    Thanks much to both you and solus.

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    Regular Member HPmatt's Avatar
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    Texas is going to have almost all of its state supported schools allowing CC this August pursuant to last year's relaxation on gun controls.
    That'll be the University of Texas system schools, Texas A&M system skools, Texas State University, Sul Ross State, East Texas State, University of Houston, Sam Houston State, etc etc... Med schools will probably have some major opt out areas, but its going to be a huge expansion in areas of personal safety.
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    Regular Member Freedom1Man's Avatar
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    Washington does not forbid campus carry.

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    Campaign Veteran MAC702's Avatar
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    Nevada technically allows it, but perhaps with the greatest of restrictions: written permission from the university president. This is an automatic no, unless you are a crony or have previously been violently raped on campus by a repeat offender, like Amanda Collins, whose story is out there for anyone researching this topic. Nevada has several times since been close to passing campus carry, with the votes to pass it likely in both houses, but an unethical committee chairman always refuses to allow it to go to the floor.

    That said, getting caught with a firearm in a school is a gross misdemeanor, not a felony, assuming you were licensed to conceal it, otherwise that would be the felony.
    Last edited by MAC702; 02-18-2016 at 02:21 PM.
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    Regular Member solus's Avatar
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    Click image for larger version. 

Name:	1058085-11-20160218103012.jpeg 
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    NICE PHOTO ACCOMPANYING THE PHOTO

    quote: At the University of Texas, handguns could soon become commonplace. Once a new state law takes effect on Aug. 1, University President Gregory Fenves says he'll be forced to allow licensed concealed handgun holders 21 and older to bring guns into classrooms.

    The school expects fewer than 1% of its 50,000 students will be eligible to carry a concealed weapon, which must be kept unloaded in a holster that protects the trigger, per WTVR and the Washington Post.

    Fenves says he's heard from outraged students, parents, and professors who fear discussing grades with armed students; at least 280 professors signed a petition condemning the law in October. unquote

    http://www.newser.com/story/220788/u...-to-class.html

    query...kept unloaded?

    ipse
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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by solus View Post
    ...query...kept unloaded?...
    Yeah, that's odd. Following the link to the Washington Post says that means the chamber only.

    I guess none of the policy makers have been through a firearms safety class where we teach not to needlessly handle our firearms. So now, legal carriers are being forced to either never have a round in the chamber, putting themselves as a serious disadvantage in ambush attacks (or if they are disabled, and this could be a violation of the law that protects disabled Americans), or they have to find a way to unload/load the firearm's chamber before/after campus. Idiotic.
    Last edited by MAC702; 02-18-2016 at 02:22 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by BB62 View Post
    My question is this: Of the states which allow (or soon may allow) for campus carry, which ones have the least restrictions?
    I'm open to correction, but until someone provides that correction, I'm going to assert that in total, Utah has the least restrictions on carriers when it comes to publicly (ie taxpayer) operated colleges/universities.

    Under Utah State law, colleges are part of our gun free school zone. So a permit to carry is required to legally carry a gun on campus. However, since this is only due to State law--not federal--then any permit recognized by Utah will do, and Utah recognized all permits issued nationwide.

    Once you have a permit, you can legally carry a firearm on campus (including in buildings) in Utah.

    Public colleges/universities are prohibited from having any anti-gun employment, housing, or student policies.

    You are specifically permitted to keep your legal gun in your dorm room if living on campus. You cannot be denied campus housing because you own a gun, the college can't even ask you about whether you own a gun or will have a gun on campus. At least one college does have a policy of allowing students to request a transfer to a different room if they discover their roommate has a gun, and the presence of the gun concerns them. But it is the non-gun owner who moves rooms, not the gun owner.

    You cannot be denied on-campus employment because you choose to own/carry a gun. This covers both professors, staff, and the service type jobs that are commonly available to students. You cannot be kicked out of a classroom nor your grades diminished because you choose to legally carry a gun.

    State law makes no distinction between CC and OC in these cases, and there are scattered reports of folks OCing without incident. A couple of colleges continue to try to intimidate students into concealing.

    Colleges are legally permitted to establish a gun-free room on campus to use for hearing cases of student misconduct. Real security, storage, and notice are required. Other than that temporary room (and any secure mental facilities or police station that might be on campus), college campuses in Utah do not get to ban guns.

    All of above applies to public/government/taxpayer operated schools.

    Private institutions can set whatever policies they like. With a permit, it is legal to carry on campus. But owning and carrying a gun is not (yet) a protected category and so a private college can maintain and enforce whatever policy they like regarding guns. I know of at least a couple of private colleges in the State that will expel students who are caught violating the college's no-gun rules. At least one of these colleges enforces no-gun rules in all student housing as well. When I have occasion to visit such colleges, I conceal and am perfectly legal. If I were to be discovered, the worst the college could do is trespass me, and most likely they'd not even formally do that unless I was a jerk and didn't promptly leave when asked. But students have a lot more at stake.

    We are now months shy of the 10 year mark of the pro-gun rules going into effect. So far as I'm aware, we've not had a single negative event at any college campus at the hands of a lawful carrier. In our entire K-12 plus college system, we've had one grade school teacher kill a toilet in the teacher's restroom with an ND. She caught some porcelain fragments in her leg from the exploding toilet, was charged with illegally discharging a firearm inside city limits, and resigned her teaching job.

    Charles
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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by utbagpiper View Post
    I'm open to correction, but until someone provides that correction, I'm going to assert that in total, Utah has the least restrictions on carriers when it comes to publicly (ie taxpayer) operated colleges/universities. ...
    Thank you for your extensive, in-depth reply. It is just the kind of thing I was looking for.

    One KY representative I spoke to the other day specifically asked me about storage requirements. Could you go into what state law specifically requires?

    I'm coming to the conclusion that UT and CO are the best states, but am still gathering information, which I will forward to the aforementioned rep.

    Thanks again.

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    Accomplished Advocate color of law's Avatar
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    Look how the SOUTHERN UTAH UNIVERSITY states it in their student manual.
    https://help.suu.edu/uploads/attachm...112Student.pdf

    B.Non-Academic Misconduct
    5. Violations against Public Health and Safety
    b. Firearms and Weapons – The possession, use, or attempted use of any weapon or firearm upon or within 1,000 feet of any structure, facility, or grounds owned or controlled by the University, unless otherwise authorized by statute, is prohibited. This provision does not apply to a person’s lawfully-controlled vehicle.
    Interesting way to window dress...

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    Quote Originally Posted by BB62 View Post
    Thank you for your extensive, in-depth reply. It is just the kind of thing I was looking for.

    One KY representative I spoke to the other day specifically asked me about storage requirements. Could you go into what state law specifically requires?
    Glad to be of help.

    So far as I know, there are no storage requirements for firearms in Utah law. Obviously, individual gun owners have a vested financial stake in keeping their valuable property secure when living in a shared environment such as a dorm room. I've not been able to locate any university policies that address the issue, but they would be very limited in what they could promulgate under our State preemption.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

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    Quote Originally Posted by gutshot View Post
    Can you supply a link to the relevant Utah laws on this subject? This sounds like a good starting place for Ky.
    Yes. The relevant law is our State Preemption law found in two locations, 76-10-500 linked here and 53-5a-102 linked here..

    From these, a public university would have to demonstrate where in code they are permitted to regulate firearms possession on campus, in classrooms, or in dorms. Such authorization from the legislature to the public universities does not exist.


    76-10-500. Uniform law.
    (1) The individual right to keep and bear arms being a constitutionally protected right, the Legislature finds the need to provide uniform laws throughout the state. Except as specifically provided by state law, a citizen of the United States or a lawfully admitted alien shall not be:
    (a) prohibited from owning, possessing, purchasing, selling, transferring, transporting, or keeping any firearm at his place of residence, property, business, or in any vehicle lawfully in his possession or lawfully under his control; or
    (b) required to have a permit or license to purchase, own, possess, transport, or keep a firearm.
    (2) This part is uniformly applicable throughout this state and in all its political subdivisions and municipalities. All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.



    53-5a-102. Uniform firearm laws.
    (1) The individual right to keep and bear arms being a constitutionally protected right under Article I, Section 6 of the Utah Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state.
    (2) Except as specifically provided by state law, a local authority or state entity may not:
    (a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm at the individual's place of residence, property, business, or in any vehicle lawfully in the individual's possession or lawfully under the individual's control; or
    (b) require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm.
    (3) In conjunction with Title 76, Chapter 10, Part 5, Weapons, this section is uniformly applicable throughout this state and in all its political subdivisions and municipalities.
    (4) All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities.
    (5) Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.

    (6) As used in this section:
    (a) "firearm" has the same meaning as defined in Section 76-10-501; and
    (b) "local authority or state entity" includes public school districts, public schools, and state institutions of higher education.
    (7) Nothing in this section restricts or expands private property rights.
    (emphasis added)

    The Utah Supreme Court decision forcing the University of Utah to follow State law can be found under this link for University of Utah v Shurtleff.

    As I noted previously, under State law, colleges are part of our gun free school zones as contained at 76-10-505.5. But a permit to carry exempts the holder from this restriction.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

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