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
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