Possession of Weapons

REFERENCE NUMBER: 1134

EFFECTIVE DATE: 2/09/2017

To the extent allowed by law and except as otherwise provided herein, the open carry or possession of any weapon on College properties and facilities shall not be allowed. Each entrance to each building and facility owned or operated by the College shall be posted in accordance with K.S.A. 2007 Supp., K.A.R. 16-11-7, K.S.A. 21-4218 and K.A.R. 1-49-11, and amendments thereto.

Additional signs may be posted as appropriate. Notice of this policy shall also be included in the College employee and student handbooks, student housing contracts and the College administrative policies and procedures.

Nothing in this Policy shall be construed to prohibit possession of weapons on property and facilities owned or operated by the College (1) as necessary for the conduct of Board approved academic programs or College approved activities or practices, or (2) by College security officers while acting within the scope of their employment or (3) by employees of the college who are also commissioned law enforcement officers.

The carrying of a concealed handgun in accordance with K.S.A. 75-7c10 and 75-c20 shall not be prohibited by this policy.

Concealed Carry Defined: Individuals who carry a handgun on or in any building located on the grounds of the College and any building leased by the College must carry it concealed at all times. Individuals who choose to carry a concealed handgun are responsible for doing so in strict compliance with the Kansas Personal and Family Protection Act [K.S.A. 75-7c04], other applicable Kansas laws and regulations, and with College policies.

With respect to this policy, a concealed handgun shall remain at all times within the person’s exclusive control except when used for personal or family protection in accordance with applicable law.

Geographic Applicability: This policy is applicable only within the geographic limits of the campus of the College and within locations owned or leased by the College that are not part of the College campus, provided that such locations are located within the State of Kansas. The owners of facilities leased or used on a temporary basis by the College and who 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 property, notwithstanding use by the College.

Campus Gun Free Locations with Adequate Security Measures: Each location within the geographic applicability of this policy designated as gun free with “adequate security measures,” as defined by Kansas law, will be identified with appropriate signs in accordance with Kansas law. There are no College locations that currently are designated as gun free with permanent adequate security measures. The College may from time to time designate a specific location as gun free and use adequate security measures as defined and required by law. Appropriate notice will be given of any such designation.

Restrictions to the Carrying of a Concealed Firearm Pursuant to Kansas Law: Kansas law states that the only type of firearm that an individual can carry while concealed is a handgun. Nothing in this policy is intended to replace municipal, state or federal law regarding weapons, firearms, explosives and other hazardous objects or substances or be inconsistent with the rights afforded a lawfully commissioned peace officer. Restrictions applicable to concealed carrying of a handgun under Kansas law include but are not limited to the following:

• An individual in possession of a concealed handgun must be at least 21 years of age, or be 18-20 years of age and possess a provisional license [K.S.A. 75-7c04];
• A firearm cannot be carried by an individual under the influence of alcohol or drugs, or both, to such a degree as to render the individual incapable of safely operating the firearm [K.S.A. 21-6332];
• A firearm cannot be carried by an individual who is both addicted to and an unlawful user of a controlled substance [K.S.A. 21-6301(a)(10)];
• A firearm cannot be carried by an individual who is or has been a mentally ill person subject to involuntary commitment [K.S.A. 21-6301(a)(13)];
• A firearm cannot be carried by an individual with an alcohol or substance abuse problem subject to involuntary commitment [K.S.A. 21-6301(a)(13)];
• A firearm cannot be carried by an individual who has been convicted of a felony crime [K.S.A. 21-6304];
• An automatic firearm cannot be carried [K.S.A. 21-6301(a)(5)];
• A cartridge which can be fired by a handgun, and which has a plastic-coated bullet with a core of less than 60% lead by weight is illegal [K.S.A. 21-6301(a)(6)];
• Firearms cannot be fired in the corporate limits of a city or at a dwelling, or at a structure or vehicle in which people are present, except in self-defense [K.S.A. 21-6308, 6308a].

Violations of any of such restrictions may constitute a criminal offense under applicable Kansas law. Persons who violate any provision of this policy or applicable Kansas law shall be subject to the disciplinary actions in accordance with the policies and procedures of the College. Violations also may be reported to appropriate law enforcement agencies.

For the purpose of this policy, the term “weapon” means:

• any object or device which will, is designed to, or may be readily converted to expel a bullet, a shot, or a shell by the action of an explosive or other propellant;
• any handgun, pistol, revolver, rifle, shotgun, or other firearm of any nature;
• any BB gun, pellet gun, air/CO2 gun, stun gun, or blow gun;
• 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 ¼ 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 fixed-blade or folding knife with a blade of more than four inches such as a dagger, dirk, knife, or sword; 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; or
• any longbow, crossbow and arrows, or other projectile that could cause serious harm to any person;
• any bludgeon, sand club, metal knuckles, billy, blackjack, slingshot, or any other dangerous or deadly weapon or instrument of like character.