Conceal and Carry on Campus

Tools for Maintaining a Successful Learning
Environment
CONCEAL AND CARRY ON
CAMPUS… WHAT IT MEANS
FOR YOU AND YOUR
CLASSROOM
A LITTLE CONTEXT
Currently 25 states have laws at the state
level that prohibit guns on campus and 21
states allow institutions to set their own
regulations and policies.
THINGS THAT MAKE YOU GO
HMMM…
Only four states, Utah (2006),
Oregon (2011), Mississippi (2011)
and Colorado (2012) have laws that
require allowing for Concealed
Handguns on campus.
NATIONAL TRENDS
§  Major shift in both national
attitudes towards handgun
restrictions, and how
concealed handgun licenses
are issued across the
country.
§  Support for stricter gun
control laws plummeted from
78% in 1990 to 44% in 2009.
§  Shift in “may issue” states to
“shall issue” states in terms of
how CHL’s are issued.
FEDERAL LAW
18 U.S.C. § 922(d)(4)
•  It shall be unlawful for any person to sell or otherwise dispose of any
firearm or ammunition to any person knowing or having reasonable cause
to believe that such person
•  has been adjudicated as a mental defective or has been committed to
any mental institution
COLORADO CONCEALED
CARRY ACT OF 2003
C.R.S. § 18-12-203 “Criteria for obtaining a permit”, and 12-12-205 “Sheriffapplication-procedure-background check”, requires:
•  Permit applicants to undergo an extensive background check to ensure
•  They have no history of substance abuse or criminal activity,
•  Are not subject to a protection order,
•  Applicants must demonstrate competency with a handgun.
•  Applicants must be over 21 years of age
•  Permit holders must carry firearms completely out of sight.
If local law enforcement concludes that a permit holder is “dangerous,” the
permit can be denied or revoked.
EXCEPTIONS
The Act has only four exceptions to the right to
conceal carry with a valid permit:
•  Locations prohibited by Federal Law
•  K-12 schools
•  Public buildings with metal detectors with
controlled entry/exit
•  Private property
CU – WEAPONS POLICY
•  The CU Board of Regents banned
weapons in 1970
•  In 1994 the ban was strengthened
requiring that students be expelled and
employees be fired if found “guilty” of using
a weapon to "intimidate, harass, injure or
otherwise interfere with the learning and
working environment of the university
SUPREMES OPEN THE
DOOR
•  McDonald v. City of Chicago (2010)
•  District of Columbia v. Heller (2008)
COURT PROCESS IN BRIEF
•  December 11, 2008, Mountain States Legal Foundation
(MSLF) filed a complaint in El Paso County District
Court.
•  April 30, 2009, the Court granted the defendants’ motion
to dismiss.
•  June 12, 2009, the Students for Concealed Carry on
Campus (SCCC) filed a notice of appeal.
•  April 15, 2010, the Colorado Court of Appeals reversed
the decision of the district court in granting the motion to
dismiss and remanded for reinstatement of plaintiffs'
claims and further proceedings.
COURT PROCESS IN BRIEF
•  June 30, 2010, the Regents filed a petition for writ of
certiorari with the Colorado Supreme Court. On July 16,
2010, the SCCC filed an opposition to the petition.
•  December 20, 2010, the Regents filed their opening
brief and the Brady Center for the Prevention of Gun
Violence filed an amicus brief in support of the Regents.
•  March 5, 2012, the Colorado Supreme Court strikes
down the University of Colorado gun ban, remanding it
to the trial court.
WHAT DOES IT MEAN?
Under the Concealed Carry Act and the Colorado
Supreme Court’s ruling, concealed carry permit
holders have the ability and right to possess a
concealed firearm on public grounds and in
publicly accessible buildings, including
classrooms and workplaces.
•  Concealed carry applies to handguns
•  No such thing as a concealed shotgun,
machete, etc.
WHO CAN CARRY WHAT?
•  Anyone who possesses a valid and legal State
of Colorado Concealed Handgun Permit,
issued by their local county Sheriff, may carry
a “concealed” handgun on campus.
•  The valid and legal permit allows the holder to
carry a concealed handgun for the purposes of
self-defense.
WHERE IS CARRYING
ALLOWED ?
• 
• 
• 
• 
• 
Classrooms
Offices
Labs
Administrative Areas
Etc.
WHERE IS CARRYING
PROHIBITED?
•  Private Facilities (Campus Village, etc.)
•  Campus facilities where State or
Federal Law/Regulation prohibits
carrying weapons
•  May apply to some lab/research spaces
•  Consult Legal Counsel if you have
specific questions about a space or
facility on campus
CONCEALED MEANS…
•  Concealed from view/sight
•  If you can see a weapon, it is not
concealed and should be reported
•  This includes seeing an outline of a
weapon underneath tight clothing, a
weapon being exposed when someone
stands, bends over, etc.
•  Concealed means CONCEALED
CONCEALED MEANS…
A student may inform you that they are a permit
holder and will be carrying in class or on campus.
This is ok if:
•  Made as a statement of fact or to make you
aware of the situation
This is not ok if:
•  The statement is made to in any way harass or
intimidate
COMMON QUESTIONS
Q: What do I do if I see a weapon?
A:
•  Contact Auraria/CU PD Immediately
•  Do not confront the person
•  Remove yourself from potential danger if possible
Open Carry?
Even if the person is in uniform and/or claims to be a
peace officer please call Campus Police to confirm
their need to open carry.
COMMON QUESTIONS
Q: I have to meet with a student and am
concerned they may become angry and
have a weapon. What can I do?
A:
•  If you are concerned about your safety
contact campus police
•  They can help you safety plan or do a
stand-by
•  Schedule your meeting at the Campus Police
Department
•  Have them check their bag at the front-desk
or install a locker
COMMON QUESTIONS
Q: Can I restrict weapons from my
classroom/lab/office space?
A:
•  No. The law clearly allows students,
faculty, and staff the right to carry
concealed.
OTHER QUESTIONS