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Initiating Authority
- The Office of the General Counsel serves as the initiating authority for this policy.
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Purpose
- It is the policy of the Kansas Board of Regents, to the extent permitted by law, to
allow Concealed carry of Handguns and prohibit possession of other Weapons and open
carry of Firearms on University Premises.
- In view of the enactment of the Kansas Personal and Family Protection Act, subsequent
amendments, and Board policy, the Board has directed each state university to develop
and follow policies and procedures for the safe possession and storage of lawfully
possessed Handguns and determine whether and to what extent otherwise lawfully possessed
Concealed Handguns will be prohibited in any university buildings or areas of buildings.
- As a public institution, with respect to the Concealed carry of Handguns and possession
of other Weapons on University Premises, 黑洞社区 (hereinafter referred
to as University) must abide by Kansas state law including the Kansas Personal and
Family Protection Act . Changes to the law can only come through the state legislative
process.
- The purpose of this policy is to adopt and implement Kansas law and Board policy on
Weapons possession and set forth University's policy regarding the presence of Weapons
on University Premises.
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Policy
- Any individual who is 21 years of age or older, or any individual who is 18-20 years
of age with a provisional license issued by the Kansas Attorney General, and who is
lawfully eligible to carry a Concealed Handgun in Kansas, shall not be precluded from
doing so on University Premises, except in buildings and Public Areas of buildings
for which Adequate Security Measures are provided, as restricted in this policy or
the Board's policy, and except as otherwise prohibited by law.
- There are no University buildings that have been designated as gun-free with permanent
Adequate Security Measures. The University may designate a specific location as temporarily
gun-free, with appropriate signage, and use temporary Adequate Security Measures after
submission and approval by the Governance Committee of the Board if such approval
is required by Board policy. Appropriate notice will be given whenever this temporary
designation is made.
- Each individual who lawfully possesses a Handgun on University Premises shall be wholly
and solely responsible for carrying, storing and using that Handgun in a safe manner
and in accordance with the law, Board policy, and University policy. This responsibility
shall always include the obligation to keep the Handgun secured and Concealed from
view when not in use for purposes provided by law. Nothing in this policy shall be
interpreted to require individuals who lawfully possess a Handgun to use it in defense
of others.
- Possession of Weapons, other than Concealed Handguns, anywhere on any Campus location
shall be prohibited. This includes the open carry of any weapon, including a Handgun
or Handguns. Every entrance to each building and facility at any Campus location shall
be conspicuously posted with appropriate signs indicating that openly carrying a weapon
into that building or facility is prohibited. Additional signs may be posted as appropriate.
- Regardless, whether the individual is otherwise lawfully eligible to carry a Concealed
Handgun, it shall be a violation of this policy, and Board policy, to commit any of
the following offenses University Premises:
- possess a Firearm under the influence of alcohol or drugs, as defined by K.S.A. 21-6332,
and amendments thereto; or
- discharge a Firearm in violation of K.S.A. 21-6308, and amendments thereto; or
- discharge a Firearm within or into the corporate limits of any city in violation of
K.S.A. 21-6308a; or
- otherwise possess, store, transport, trade, sell, or in any other way use a Firearm
in violation of any applicable law.
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Definitions
- For the purpose of this policy only, the following definitions shall apply:
- Adequate Security Measures: "Adequate Security Measures" means the use of electronic equipment and armed personnel
at public entrances to detect and restrict the carrying of any Weapons into the University
building, or any Public Area thereof, including, but not limited to, metal detectors,
metal detector wands or any other equipment used for similar purposes to ensure that
Weapons are not permitted to be carried into such building or Public Area by members
of the public. Adequate Security Measures for storing and securing lawfully carried
Weapons, including, but not limited to, the use of gun lockers or other similar storage
options may be provided at public entrances.
- Approved Storage Device: An "Approved Storage Device" is an enclosed container, equipment, furniture, or secured
area that is (a) of a sufficient size to fully enclose the Handgun while secured in
an approved holster, (b) constructed of sturdy materials that are non- flammable,
(c) have a combination, digital or other secure locking device that can only be unlocked
by the individual using the storage device but devices secured exclusively with a
key lock are prohibited, and (d) constructed specifically for the storage of a Handgun
and/or ammunition.
- Board: The "Board" means the Kansas Board of Regents.
- Concealed: "Concealed" means to be completely hidden from view and does not reveal the weapon
in any way, shape, or form.
- Employee: An "Employee" is an individual who provides services to the University on a regular
basis in exchange for compensation and receives a W-2 for such services. This includes
temporary and part-time Employees.
- Firearm: A "Firearm" includes any Handgun, rifle, shotgun, and any other weapon which will
or is designed to expel a projectile by the action of an explosive.
- Handgun: A "Handgun" means (a) a pistol or revolver which is designed to be fired by the use
of a single hand and which is designed to fire or capable of firing fixed cartridge
ammunition; or (b) any other weapon which will or is designed to expel a projectile
by the action of an explosive and which is designed to be fired by the use of a single
hand.
- Public Area: "Public Area(s)" mean any portion of a University building that is open to and accessible
by the public or which is otherwise designated as a public area by the board.
- University Premises: "University Premises" means University owned land, buildings and vehicles; buildings
and land leased by the University from an affiliated corporation or a third party
in the State of Kansas; and any other property controlled by the University that is
set forth by agreement that the University may restrict access. University Premises
may change from time to time, but they are designated annually in the University's
Annual Security Report and on its website here. Buildings and/or land owned by, or
both owned by and leased to third parties, that otherwise might be located on ground
owned by the University are excluded from the definition of "University Premises."
- Weapons: "Weapons" includes, but is not limited to:
- Any object or device which will, is designed to, or may be readily converted to expel
bullet, shot or shell by the action of an explosive or other propellant;
- any Handgun, pistol, revolver, rifle, shotgun or other Firearm of any nature, including
those that are Concealed or openly carried;
- any BB gun, pellet gun, air/C'02 gun, blow gun, or any device, such as a Taser, which
is designed to discharge electric darts or other similar projectiles; however, personal
self-defense stun guns that do not fit with the preceding definition shall not be
deemed to be a weapon for the purposes of this policy;
- any explosive, incendiary or poison gas (A) bomb, (B) mine, (C) grenade, (D) rocket
having a propellant charge of more than four ounces, or (E) missile having an explosive
or incendiary charge of more than 录 ounce;
- any incendiary or explosive material, liquid, solid or mixture equipped with a fuse,
wick or other detonating device;
- any tear gas bomb or smoke bomb; however, personal self-defense items containing mace
or pepper spray shall not be deemed to be a weapon for the purposes of this policy;
- any knife, commonly referred to as a switch-blade, which has a blade that opens automatically
by hand pressure applied to a button, spring or other device in the handle of gravity
or by an outward, downward or centrifugal thrust or movement;
- any straight-blade knife of four inches or more such as a dagger, dirk, dangerous
knife or stiletto; except that an ordinary pocket knife or culinary knife designed
for and used solely in the preparation or service of food shall not be construed to
be a weapon for the purposes of this policy;
- any martial arts weapon such as nunchucks or throwing stars;
- any longbow, crossbow and arrows or other projectile that could cause serious harm
to any person; or
- any other dangerous or deadly weapon or instrument of like character.
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Administrative Procedures
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Carrying a Concealed Handgun on University Premises
The University is not responsible for any lawfully possessed Handgun carried on University
Premises. Responsibility for control and safe storage of the Handgun is on the individual
in lawful possession of a Handgun.
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Safety Measures
Any individual who lawfully possess a Handgun on University Premises must take reasonable
measures to keep the Handgun completely Concealed having immediate, exclusive, and
uninterrupted care, custody, and control of the Handgun at all times. Every Handgun
carried by an individual on University Premises, whether on their person or in a carrier
(e.g., in a bag, purse, backpack, suitcase, fannie pack) must be secured in a holster
that completely covers the trigger and the entire trigger guard area and that secures
any external hammer in an un-cocked position through the use of a strap or by other
means.
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Holstering
Handguns with an external safety must be carried with the safety in the "on" position.
The holster must have sufficient tension or grip on the Handgun to retain it in the
holster even when subjected to unexpected jostling. Semiautomatic Handguns must be
carried without a chambered round of ammunition. Revolvers must be carried with the
hammer resting on an empty cylinder.
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Storage of a Concealed Handgun
Each individual who lawfully possesses a Concealed Handgun on University Premises
shall at all times have that Handgun in their custody and control and shall either
keep it on their person with safety mechanism engaged or stored: 1) in any Approved
Storage Device, 2) at the individual's residence, 3) in the individual's vehicle,
or 4) in any secure storage location provided by or authorized by the University specifically
for that purpose. If stored in a vehicle on University Premises, the Handgun must
be secured and Concealed from view. If stored in a location provided or authorized
by the University, the Handgun must be secured, Concealed from view, and in a location
that can be accessed only by the individual and University.
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Employee Accessibility
Any Employee, who is legally qualified, shall not be prohibited from carrying any
Concealed Handgun while performing work for the University on University Premises,
including while in a means of conveyance, except in a campus building that has Adequate
Security Measures at all public access entrances to ensure that no Weapons are permitted
to be carried into such building and the building is conspicuously posted.
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Display of Handgun on University Premises
Individuals lawfully possessing a Handgun shall not brandish or intentionally display
the Handgun except when lawfully using the Handgun in self-defense or transferring
to safe storage. It shall be a violation of University and Board policy to openly
display any Handgun on University Premises except as expressly authorized by state
law or Board or University policy.
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Reporting to University Chief of Police
The University Police Department should be notified of a suspected violation of this
policy by telephone, electronic mail, in person or in writing. Within a reasonable
period of time after receiving such notification, the University Police Department
shall investigate the matter and report its factual findings to Human Resources if
any Employee is involved or the Office of Student Conduct and Community Standards
(hereinafter referred to as Student Conduct) if a student is involved. If it is a
visitor, the University Police Department shall have the authority to handle the situation
as deemed appropriate. Upon receipt of the factual findings, Human Resources or Student
Conduct may conduct an independent investigation to determine if a policy violation
has occurred.
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Law Enforcement, Security and Approval
Weapons other than Concealed Handguns, are not permitted on University Premises unless
in the possession of a law enforcement officer, armored car security personnel, or
private security pre-approved by the Chief of the University Police Department.
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Board-Approved Academic Programs
For the purposes of this policy, the term Weapons would not include items or materials
used in or necessary for the conduct of Board-approved academic programs or University-approved
activities or practices. However, the University's Chief of Police should be notified
about any such items or materials in advance of their use or presence on campus and
mandate specific requirements for the possession, use and storage of such items or
materials, including notification of other necessary University personnel.
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Discipline for Policy Violations
Any Employee or student of the University who violates one or more provisions of this
policy shall be subject to discipline in accordance with applicable University codes
of conduct. Any individual who violates one or more provisions of this policy may
be issued a lawful directive to leave campus with the weapon immediately. Any individual
who violates the directive shall be considered to be in trespass and may be cited
accordingly. Any individual who violates state or federal law may be detained, arrested
or otherwise subjected to lawful processes appropriate to the circumstances.
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Other Laws
Nothing in this policy is intended to replace municipal, state, or federal law regarding
Weapons, Firearms, explosives and other hazardous objects or substances or to be inconsistent
with the authority afforded a lawfully commissioned peace officer.
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Screening Process for Restricted Access Entrances
The Concealed carry of a Handgun by 1) an individual who is legally qualified to have
a Handgun and who has been screened in accordance with K.S.A. 75-7c20(d), 2) an Employee
who is legally qualified to have a Handgun, and 3) those individuals identified in
paragraph V.E (law enforcement) or V.F (academic programs) above, is allowed while
the individual is located in non-Public Areas within University buildings that have
restricted access entrances that require a key, key card, code, or similar device
to ensure only authorized individuals are allowed into those areas. The Concealed
carry of a Handgun by any other individual in such non-Public Area is prohibited.
Non-Public Areas with University buildings must be specifically approved by the President
of the University, or the President's designee, after consultation with the University
Chief of Police and the University General Counsel. Each restricted access entrance
where Concealed carry is prohibited as provided in this paragraph shall be conspicuously
posted with appropriate signs indicating that carrying a Concealed Handgun into that
non-Public Area is prohibited. The signage should be in accordance with rules and
regulations adopted by the Kansas Attorney General as described in K.S.A. 75-7c10.
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Policy Building Coverage
This policy is intended to apply and cover any building or grounds owned by the University
or the Board and any building or grounds leased by the University or the Board for
University use and located within the State of Kansas. Buildings and/or land owned
by, or both owned by and leased to third parties, that otherwise might be located
on ground owned by the University are not included. This policy may not be applicable
on all locations leased by the University if the University is not the sole tenant
of the leased property. Leased locations leased and controlled by an entity that may
lawfully exclude or permit Firearms at their premises (Concealed or otherwise) may
choose at their sole discretion to exclude or permit Concealed Firearms from their
premises, notwithstanding a lease with the University so long as the University is
not the sole tenant on the leased property.
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Notice and Additional Information
All University students and Employees will be notified concerning this policy prior
to the effective date of the policy. This notification will include learning when
this policy applies, the availability of any known local or regional Firearm safety
instruction, how a Handgun is carried and stored pursuant to this policy, how to report
a suspected violation of this policy, who investigates reports, the potential consequences
upon confirmation the policy has been violated and other topics relevant to this policy.
To the extent Adequate Security Measures are used to prohibit Concealed carry into
stadiums, arenas and other large venues that require tickets for admission, the tickets
shall state that Concealed carry will be prohibited at that event. Additional information
on 黑洞社区 Weapons Policy Information can be found here.
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Applicable Laws and Additional Resources
- K.S.A 75-7c03
- K.S.A 75-7c04
- K.S.A. 75-7c20/ Concealed Handguns in public buildings
- Kansas Board of Regents Weapons Policy
- K.S.A 21-6301 / Criminal Use of Weapon.
- K.S.A. 21-6302(a)(4)/ Criminal carrying of a weapon.
- K.S.A. 21-6304(a)/ Criminal possession of a firearm by a convicted felon.
- K.S.A. 21-6308/ Criminal discharge of a firearm.
- K.S.A. 21-6332/ Possession of a firearm under the influence.
- 18 U.S.C. 搂 922/ Unlawful acts.