schools-cropped

Background

Guns have no place in our nation’s schools.  The tragedies that took place at Sandy Hook Elementary School,1 Columbine High School2 and Virginia Tech3 demonstrate GunsInSchools_Finalthe devastating effect guns have on schools and their surrounding communities. Calls to arm teachers and faculty at elementary and high schools and to allow college students to possess guns on campus will only lead to more gun deaths and injuries, not less. Federal and state laws that prohibit guns at schools and pose harsh penalties for gun possession, in contrast, help keep our children and educators safe.

Guns in Elementary and Secondary (K-12) Schools

School shootings shock us because schools are generally safe havens from the gun violence that is so frequent elsewhere.4  A joint report issued by the U.S. Departments of Education and Justice found that in each school year from 1992 to 2006, at least 50 times as many murders of young people ages 5-18 occurred away from school than at school, and at least 140 times as many youth suicides were committed off school property than at school.5  Approximately 1% of all homicides among school-age children happen on school grounds or on the way to and from school or during a school sponsored event.6  During the 2010–2011 school year, there was approximately one homicide or suicide of a school-age youth at school per 3.5 million enrolled students.7

Federal and state laws deeming schools gun-free zones have significantly reduced gun violence in these places. School-associated student homicide rates decreased significantly after the federal laws restricting guns in schools were adopted in the early 1990s,8 and fewer students are carrying guns.9

Proposals offered by the gun lobby to repeal the federal Gun-Free School Zones Act and arm teachers as a solution to curb those rare instances of gun violence at school are dangerous and counter-productive.10  Teachers are not trained law enforcement officers – their purpose is to be educators and role models.

Gun violence prevention measures for our schools should focus on educating kids about the dangers of firearms, and reminding gun-owning parents to safely own and secure firearms and ammunition, rather than on arming teachers. A study of 37 school shootings in 26 states found that in nearly two-thirds of the incidents, the attacker got the gun from his or her own home or that of a relative.11  For more information about the safe storage of firearms, see our summary on Safe Storage & Gun Locks.

Guns on College and University Campuses

America’s college and university campuses are also generally safe havens from gun violence.12 As described below, in nearly every state, legislators or the governing bodies of public colleges and universities have exercised their authority to prohibit or significantly restrict gun possession on most or all areas of school property.13  Moreover, as described in the summary on the Minimum Age to Purchase or Possess Firearms, students under age 21 in many states are not allowed to carry handguns on campus because those states prohibit the possession of handguns by persons under that age.

Guns-in-Schools_2_FinalforWeb

As a result of these laws, few students have access to guns on campus, making campuses safe learning environments:

  • Less than 2% of college students report being threatened with a gun while at school.14
  • There were 11,920 total gun homicides in the U.S. in 2003,15 but only 10 total murders or non-negligent  homicides on the nation’s college campuses.16
  • Violent crime for college students age 18 to 24 declined significantly between 1995 and 2002.17 College students are less likely than  non-students to be victims of crime:  though crime rates declined for both students and non-students alike, by 2002 only 41 of every 1,000 students were victims of violent crime, while 56 out of 1,000 non-students were victimized that year.18 Students living on college campuses are less likely to be victimized than when living off-campus – over 90% of victimizations occur off-campus.19

Gun-owning college students have a greater propensity for engaging in risky, sometimes violent, behavior than non-gun owning students.  A 2002 study from the Journal of American College Health found that students who owned guns were more likely than non-gun-owning students to binge drink and then engage in risky activities “such as driving when under the influence of alcohol, vandalizing property, and having unprotected intercourse.”20

Allowing guns on campus would likely lead to more campus homicides and suicides.  Young adults between the ages of 18-25 experience the highest rate of serious mental illness.21  Between 9% and 11% of college students seriously considered suicide in the previous school year,22 and about 1,100 college students commit suicide each year.23  When a gun enters this mix, a suicide attempt becomes considerably more lethal, as 85% of gun suicide attempts are fatal.24

These facts belie any need for students, faculty and visitors to carry guns on campus for self-defense or any other reason.25  There is no credible statistical evidence to suggest that the presence of students carrying guns, particularly concealed handguns, will reduce violence on our college campuses.26

Finally, forcing guns onto our college campuses would pose additional concerns, such as a greater likelihood of gun thefts,27 increased liability and public relations costs for colleges that lack institutional authority to restrict weapons,28 and inhibiting dialogue by making students and faculty feel less safe to freely express ideas and exchange information.29

 

Summary of Federal Law

Two federal laws restrict the possession of firearms in or near K-12 schools:  1) the Gun-Free School Zones Act; and 2) the Gun-Free Schools Act.

The Gun-Free School Zones Act

The Gun-Free School Zones Act (GFSZA) prohibits any person from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone.30  The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.31

The federal prohibition against possessing a gun in a school zone does not apply, however:

  • To people licensed by the state or locality to possess the gun.32  This exception applies to many people licensed to possess firearms or to carry  concealed firearms; see our summaries on Licensing Gun Owners or  Purchasers and Carrying Concealed Weapons for more information about these licensing requirements.
  • If the firearm is unloaded and “in a locked container, or a locked firearms rack that is on a motor vehicle.”33
  • If the firearm is possessed for use in a program approved by a school, or in accordance with a contract entered into between a school and the individual or an employer of the individual.34

The Gun-Free Schools Act

The original Gun-Free Schools Act (GFSA) was enacted in 1994 as a response to increasing levels of gun violence in schools.35  Unlike the GFSZA, which applies to any person possessing a firearm in the defined prohibited areas, the GFSA focuses on student behavior, penalizing students in an attempt to deter them from bringing firearms to school or possessing them at school.36

The current GFSA, effective January 8, 2002, requires that states receiving certain federal funds have laws requiring local educational agencies to adopt a policy that expels students for a minimum period of one year for bringing a firearm to school or possessing a firearm at school.37  “School” is defined as “any setting that is under the control and supervision of the local educational agency for the purpose of student activities approved and authorized by the local educational agency.”38

The GFSA allows states to permit the chief administering officer of a local educational agency to modify an expulsion for a student, in writing, on a case-by-case basis.39  A state may also allow a local educational agency that has expelled a student from the student’s regular school setting to provide an alternative educational setting.40

The GFSA also requires that, in order to receive federal funds, each local educational agency must annually provide:

  • An assurance that the local educational agency is  in compliance with the state expulsion law; and
  • A description of the circumstances surrounding any expulsions imposed under the state expulsion law.41

Local educational agencies must refer any student who brings a firearm to a school served by the agency to the criminal justice or juvenile delinquency system.42  In this provision, “school” is defined more narrowly to mean “a school that provides elementary or secondary education” pursuant the laws of the state.43

Finally, the GFSA provides narrow exceptions to these prohibitions, permitting firearm possession where the gun is lawfully stored inside a locked vehicle on school property, or where the gun is possessed for an activity approved and authorized by the local educational agency, if the agency has adopted appropriate safeguards to ensure student safety.44  To date, the GFSA has not been challenged.

Federal Action for School Safety & Emergency Management

In the aftermath of the Newtown shootings, in 2013, President Obama issued a series of executive orders focusing on firearms and ammunition regulation, mental health issues and school safety.  A few of these orders deal directly with public safety in schools:

  • The Departments of Justice and Homeland Security have been directed to provide continuing federal training and security assessments for law enforcement, first responders and school officials on active shooter situations.45
  • The Departments of Education, Justice, Homeland  Security and Health and Human Services have developed emergency management planning guides for schools and institutions of higher education in the event of a school shooting that will provide these institutions a model for how to develop and implement their own reliable plans.46
  • The Department of Justice’s (DOJ) Community Oriented Policing Services (COPS) Hiring Grants are available to fund school resource officers, and DOJ has encouraged police departments to hire such officers by providing a preference for grant applications that support school resource officers.47  In September 2013, DOJ announced the awarding of 263 COPS Hiring Grants totaling approximately $125 million,  including around $45 million to fund 356 new school resource officer positions.48

Summary of State Law

As described below, almost all states and D.C. prohibit guns in K-12 schools, but only 39 states and D.C. apply this prohibition to people who have been granted a permit to carry a concealed weapon (CCW permit holders).  Twenty states restrict firearms on college and university campuses: of those, 7 have banned both open and concealed carry of firearms, 9 have banned open carry but allow concealed, loaded firearms to be carried inside cars that are parked on campus, and 4 do not ban open carry on campuses, but may allow individual colleges and universities to do so.  Most of the remaining states leave the question up to the college or university, but 10 states prohibit public colleges and universities from banning concealed carry of guns in some or all areas of campus, or by some individuals (e.g., staff or faculty) anywhere on campus. In some states, state colleges and universities are also subject to state statutes limiting the authority of political subdivisions to regulate firearms.

State

General Prohibition on Guns in K-12 Schools

CCW in K-12 Schools

Open Carry on College and University Campuses

CCW on College and University Campuses

AL

Yes49

Allowed50

Schools may prohibit.51

AK

Yes52

Allowed53

Schools may prohibit.

AZ

Yes54

Allowed55

Schools may prohibit.56

AR

Yes57

Prohibited58

Prohibited for handguns.59

Prohibited, except in motor vehicles.60

CA

Yes61

Schools may prohibit.62

Prohibited.63

Prohibited.64

CO

Yes65

Prohibited66

Prohibited.67

Public schools may not prohibit.68

CT

Yes69

Prohibited70

Schools may prohibit.

DE71

Yes

Prohibited

Schools may prohibit.

DC72

Yes

Prohibited

Prohibited.73

Prohibited.74

FL

Yes75

Prohibited76

Prohibited.77

Prohibited, except in motor vehicles.78

GA79

Yes

Prohibited

Prohibited.80

Prohibited, except by staff/faculty in vehicles.81

HI82

Schools may prohibit

Schools may prohibit.

ID

Yes83

Prohibited84

Schools may prohibit.85

Public schools may not prohibit.86

IL

Yes87

Prohibited88

Prohibited.89

Prohibited.90

IN91

Yes

Prohibited

Schools may prohibit.

IA

Yes92

Prohibited93

Schools may prohibit.94

KS

Yes95

Schools may prohibit.96

Public schools may not prohibit CCW.97

KY

Yes98

Prohibited99

Schools may prohibit.100

LA

Yes101

Prohibited102

Prohibited.103

Prohibited with vehicle and other exceptions.104

ME

Yes105

Prohibited106

Schools may prohibit.107

MD

Yes108

Prohibited109

Schools may prohibit.

MA110

Yes

Prohibited

Prohibited.111

Prohibited.112

MI

Yes113

Prohibited114

Schools may prohibit.115

Prohibited in dorms and classrooms.116

MN

Yes117

Prohibited118

Schools may prohibit.119

MS

Yes120

Prohibited121

Prohibited.122

Schools may not prohibit carry by enhanced permittees.123

MO

Schools may prohibit.124

Prohibited125

Schools may prohibit.126

Prohibited, except in motor vehicles.127

MT

Yes128

Prohibited129

Schools may prohibit.

NE

Yes130

Prohibited131

Prohibited.132

Prohibited, except in motor vehicles.133

NV

Yes134

Prohibited135

Prohibited.136

Prohibited at public schools.137

NH

No138

Allowed139

Schools may prohibit.

NJ140

Yes

Prohibited

Prohibited.141

Prohibited.142

NM

Yes143

Prohibited144

Prohibited.145

Prohibited with vehicle and other exceptions.146

NY147

Yes

Prohibited

Prohibited.148

Prohibited.149

NC150

Yes

Prohibited

Prohibited.151

Prohibited, except in motor vehicles.152

ND

Yes153

Prohibited154

Schools may prohibit.155

OH

Yes156

Prohibited157

Schools may prohibit.

Prohibited, except in motor vehicles.158

OK

Yes159

Prohibited160

Prohibited.161

Prohibited with vehicle and other exceptions.162

OR

Yes163

Allowed164

Prohibited.165

Public schools may not prohibit via formal rule.166

PA167

Yes

Prohibited

Schools may prohibit.

RI168

Yes

Allowed

Schools may prohibit.

SC

Yes169

Prohibited170

Prohibited.171

Prohibited with vehicle and other exceptions.172

SD173

Yes

Prohibited

Schools may prohibit.

TN174

Yes

Prohibited

Prohibited.175

Public schools may not prohibit carry by employees.176

TX177

Yes

Prohibited

Prohibited.178

Public schools may not prohibit.179

UT

Yes180

Allowed181

Prohibited.182

Public schools may not prohibit.183

VT184

Yes

Allowed

Schools may prohibit.185

VA

Yes186

Prohibited187

Schools may prohibit.

Public schools may not prohibit.188

WA189

Yes

Prohibited

Schools may prohibit.190

WV191

Yes

Prohibited

Schools may prohibit.

WI

Yes192

Prohibited193

Schools may  prohibit.194

Public schools may not prohibit in open areas.195

WY196

Yes

Allowed

Schools may prohibit.

Prohibited.197

Elementary & Secondary (K-12) Schools

1. States Prohibiting Firearms in Elementary & Secondary (K-12) Schools

The vast majority of states – 48 of them – and the District of Columbia generally prohibit any person from carrying a firearm onto or possessing a firearm on school property, within safe school or gun-free school zones, on school-provided transportation, or at certain school-sponsored events.

Hawaii and New Hampshire do not generally prohibit the possession of a firearm in school-related locations. Hawaii has no relevant statute. New Hampshire only bans pupils from possessing a firearm in a safe school zone, and also imposes a possible penalty enhancement for unlawful possession of a firearm in a safe school zone.

Common exceptions to this prohibition include: 1) guns locked in vehicles on school property; 2) guns possessed for a hunter or firearm safety course; 3) guns possessed as part of a school-authorized sporting or recreational program; 4) military or peace officer training programs; 5) lawful possession within a residence, place of business, or other private property that lies within a school zone but is not part of the school grounds or property; 6) while hunting on school grounds or traversing school grounds to access hunting lands during a lawful hunting season on lands owned by the educational institution; and 7) where the possessor has obtained prior permission of the principal, school board, or chief administrative officer of the school or district.

2. States Prohibiting Concealed Weapons Permit/License Holders from Carrying on Elementary & Secondary School Property

Thirty-nine states and the District of Columbia prohibit concealed weapons permit or license holders from possessing concealed firearms in primary or secondary schools, within school zones, or on school-provided transportation. One notable exception common to these laws is where an adult is in lawful possession of a firearm, and the firearm is within a vehicle, when the adult is dropping off or picking up a student on school property. Note that even though Alaska,198 Vermont199 and Wyoming200 do not require a permit to carry a concealed firearm, these states ban the possession of firearms at school.201

3. States Requiring Expulsion of Students from Elementary & Secondary Schools for Possessing Firearms

Forty-nine states and the District of Columbia have statutory and/or regulatory provisions requiring that any student possessing a firearm at an elementary or secondary school or on school property be expelled for not less than one year.202 Consistent with the federal Gun-Free Schools Act, these states commonly grant authority to the school board, superintendent or principal to modify the expulsion of a particular student on a case-by-case basis. Most states authorize school districts to provide educational services to an expelled student in an alternative setting. Only Massachusetts does not require the expulsion of a student for possessing a gun at school.203

Colleges, Universities and Other Postsecondary Educational Institutions

1. States Generally Prohibiting Firearms at Colleges & Universities

Twenty states, including the District of Columbia, currently have a statute or regulation that prohibits the possession of firearms in colleges, universities and other post-secondary educational institutions. Arkansas’ law applies only to handguns. Of those twenty states, seven – California, D.C., Illinois, Massachusetts, Nevada, New Jersey, and New York – have banned both open and concealed carry of firearms.  Nine states – Arkansas, Florida, Georgia, Louisiana, Nebraska, New Mexico, North Carolina, Oklahoma, and South Carolina – have banned open and concealed carry in most campus locations, but allow loaded firearms to be carried inside motor vehicles on campus in specified circumstances (among certain other exceptions as well). Four states – Michigan, Missouri, Ohio, and Wyoming – restrict concealed carry, but do not actually ban open carry on public or private college or university campuses, though they may allow individual colleges and universities to exercise their own authority to ban open carry. Most of the states prohibiting both open and concealed carry of firearms at colleges and universities extend the prohibition to both public and private campuses.  Specific information about each state in this category can be found in the chart above.

2. States with Specific Laws or Court Decisions Allowing Firearms on Campus

A growing number of states are allowing the possession of firearms, primarily concealed handgun possession by permittees or licensees consistent with state law, on many public areas of college and university campuses. Some of these states also restrict regulation of guns by colleges and universities at certain locations on campus. A number of states have passed specific “Campus Carry” laws mandating that concealed firearms be permitted on some or all areas of college and university campuses, while in other states, judicial decisions interpreting state concealed carry laws have had the same effect. In all but one of these states, laws or court decisions allowing firearms on campus have targeted public colleges and universities, reserving to private colleges and universities the authority to set their own rules for firearms on their property.204

Colorado – Colorado courts have found that the Colorado General Assembly is the only entity that can regulate firearm possession on college and university campuses. Under the state’s concealed handgun licensing statute, any person licensed to carry a concealed handgun in Colorado may carry a firearm on campus. Schools may institute policies regulating guns on campus, but do not have the authority to ban guns on campus.205

Idaho In 2014, Idaho enacted a law removing the authority of the governing bodies of higher education to regulate or prohibit the possession, carrying or transporting of firearms or ammunition by people licensed to carry a concealed handgun. These people may not carry a concealed firearm in a student dormitory or residence hall, however, or in a building of a public entertainment facility that has posted the proper sign prohibiting firearms.206

Kansas – In 2013, Kansas enacted a law requiring that public colleges and universities allow concealed firearms on campus, unless the campus posts “armed personnel at public entrances” and installs “electronic equipment” such as metal detectors, and such security measures are sufficient to ensure that no weapons are brought into campus buildings.207 The law goes into effect in July 2017. In response to the law, the Kansas Board of Regents, with authority over Kansas public universities, adopted a new weapons policy that allows concealed carry starting in July 2017.208

Mississippi – State law allows a person who has taken a voluntary course on the safe handling and use of firearms by a certified instructor to carry a concealed weapon on both public and private campuses. Applicants must be over age 21 and must pass a background check for the advanced permit.209

Oregon – Concealed handgun license holders may possess firearms on campus, but are restricted in the locations where they may carry. In March 2011, the Court of Appeals of Oregon held that an Oregon State Board of Higher Education’s rule imposing sanctions on persons who possessed or used firearms on university property was invalid because the rule was outside the Board’s authority to regulate firearms and not expressly authorized by the legislative assembly. The court also concluded that the Board’s broad scope of authority to control and manage its properties includes the ability to make rules regarding the conduct of visitors or members of the public on institutional properties.210 In 2012, the Board, using its authority, banned guns, including concealed carry, from classrooms, buildings, dormitories and sporting and entertainment events.211

Tennessee – In 2016, Tennessee enacted a law allowing full-time faculty, staff and other employees of public colleges and universities who have handgun-carry permits to carry their guns on campus, as long as they notify the local law enforcement agency with responsibility for campus security (such as campus police).212 The University of Tennessee estimated that about 27,000 full-time employees are now eligible to carry guns.213

Texas  In 2015, Texas enacted a law allowing individuals with concealed carry licenses to carry concealed handguns on the campuses of public colleges and universities.214 The “Campus Carry” law authorizes public colleges and universities to establish reasonable rules regarding the carrying of concealed handguns, as long as those rules do not generally prohibit license holders from carrying concealed handguns. Private colleges and universities remain free to regulate or prohibit concealed carry after consulting with their students, staff, and faculty.215

Utah – In Utah, the state legislature assumed jurisdiction of the state’s public universities in 2004. Universities now must permit the lawful possession or carrying of concealed firearms in most areas of their campuses, except in one area designated as a secure “hearing room.”216

Virginia – Colleges and universities may prohibit gun possession by the general public, including concealed carry permit holders, in the most vulnerable areas of campus (e.g., academic buildings, administrative office buildings, student residence buildings, dining facilities, or while attending sporting, entertainment or educational events), and they may also regulate gun possession by students and employees. However, according to an opinion by the state Attorney General, public colleges and universities in Virginia must allow concealed carry permit holders who are members of the general public to possess guns on the open grounds of campus.217

Wisconsin – Colleges and universities must generally allow concealed carry permit holders to carry on campus grounds. Schools may, however, prohibit any person, including a concealed weapons permit holder, from entering or remaining in any privately or publicly-owned building on the grounds of a university or college, if the university or college has notified the person that he or she may not enter or remain in the building while carrying a firearm.218

3. States Not Explicitly Addressing Gun Possession on College Campuses, Leaving Weapons Possession Regulation to Public Colleges & Universities

In 21 states, the state either has expressly allowed colleges and universities to regulate guns, or is silent on the matter, leaving weapons possession regulation decisions up to the governing bodies of colleges and universities in the state. These states are: Alabama, Alaska, Arizona, Connecticut, Delaware, Hawaii, Indiana, Iowa, Kentucky, Maine, Maryland, Minnesota, Montana, New Hampshire, North Dakota, Pennsylvania, Rhode Island, South Dakota, Vermont, Washington and West Virginia.219

Generally, in these states, the absence of state law addressing gun possession on college and university campuses gives the governing bodies of colleges and universities the authority to prohibit open and concealed carry of firearms.  For example, in Iowa and Washington, each state’s public higher education system has adopted an administrative rule officially prohibiting possession of firearms on campuses.220  In 3 other states – Kentucky, Maine, and Minnesota – public and private colleges and universities are expressly permitted to pass their own rules concerning guns on campus.221 And in Delaware, public institutions are required to develop security policies that include “regulations governing the possession and use of firearms on campus by employees, students and visitors.”222

However, developments in 4 of these 21 states have caused colleges and universities to go in the other direction. In Pennsylvania, the Governor’s Office of General Counsel and the Pennsylvania State System of Higher Education issued nonbinding guidance suggesting that an outright ban of firearms on campuses would violate the state constitution, causing some colleges to change their policies to allow concealed carry in some campus locations.223 And in Arizona, Kentucky, and Minnesota, state laws appear to prevent colleges and universities from prohibiting firearms inside private vehicles, even though firearms may be prohibited elsewhere on campus.22450 State Summary

Key Legislative Elements

The features listed below are intended to provide a framework from which policy options may be considered.  A jurisdiction considering new legislation should consult with counsel.

  • Establish a gun-free school zone that prohibits the possession or carrying, whether openly or concealed, of any firearm within an elementary or secondary school building, on school property, or within a set distance of school property (District of Columbia)
  • Prohibit the possession or carrying, whether openly or concealed, of any firearm within a school bus or other school-provided transportation
  • Prohibit concealed weapons permit holders from possessing in school buildings, on school property, or within a set distance from school property
  • Prohibit the possession or carrying, whether open or concealed, of any firearm on public and private college or university campuses, including in campus open areas, in parking lots and vehicles on campus, in buildings and residences, and at sporting events
Notes
  1. On December 14, 2012, a lone gunman killed 20 children and six adults at Sandy Hook Elementary School in Newtown, Connecticut before committing suicide.
  2. On April 20, 1999, two student gunmen killed 12 students and a teacher at a high school near Denver, Colorado before committing suicide.
  3. On April 16, 2007, a lone student gunman killed 32 people, mostly students, at Virginia Tech before committing suicide.
  4. Between December 15, 2012 and February 10, 2014, there were at least 44 school shootings in the U.S. – including fatal and nonfatal assault, suicides, and unintentional shootings. Moms Demand Action and Mayors Against Illegal Guns, Analysis of School Shootings, Dec. 15, 2012 – Feb. 10, 2014 (Feb. 12, 2014) at http://s3.amazonaws.com/s3.mayorsagainstillegalguns.org/images/SchoolShootingsReport.pdf.
  5. U.S. Department of Education & U.S. Department of Justice Office of Justice Programs, Indicators of School Crime and Safety: 2008 6 (Apr. 2009), at http://nces.ed.gov/pubs2009/2009022REV.pdf.
  6. Centers for Disease Control & Prevention, Morbidity & Mortality Weekly Report, School-Associated Student Homicides – United States, 1992-2006 (Jan. 18, 2008), at http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5702a1.htm.  The study also found that from July 1999 – June 2006, 116 students were killed in 109 separate incidents – an average of 16.5 student homicides each year (an average annual homicide rate of 0.03 per 100,000 students); 65% of the homicides were inflicted by firearms.  See also Mark Anderson et al., School-Associated Violent Deaths in the United States, 1994-1999, 286 JAMA 2695, 2697-2699 (Dec. 5, 2001), at http://www.cdc.gov/NCIPC/schoolviolencejoc11149.pdf (finding, for the period 1994-1999, that firearms were used in 164 violent deaths occurring at school or a school-related event, 119 of such incidents being homicides and 27 suicides.  Over the study period, 20,541 school-aged children (ages 5 through 18 years) in the U.S. died as a result of a homicide or suicide by any means.).
  7. U.S. Department of Education & U.S. Department of Justice Office of Justice Programs, Indicators of School Crime and Safety: 2012 6 (June 2013), at http://nces.ed.gov/pubs2013/2013036.pdf.
  8. Centers for Disease Control & Prevention, Morbidity & Mortality Weekly Report, School-Associated Student Homicides – United States, 1992-2006 (Jan. 18, 2008), at http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5702a1.htm. The rates decreased from from 0.07 per 100,000 students to 0.03 per 100,000 students.  Id.
  9. Between 1993 and 1999, the percentage of students who carried a gun, regardless of location, decreased from 8% to 5%. This lower percentage did not change significantly over the years 1999–2007. Danice K. Eaton et al., Centers for Disease Control & Prevention, Youth Risk Behavior Surveillance – United States, 2007, Morbidity & Mortality Weekly Report, (June 6, 2008), at http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5704a1.htm (surveying students in grades 9 – 12 about their behaviors throughout 2007).
  10. See Brady Center to Prevent Gun Violence, No Gun Left Behind: The Gun Lobby’s Campaign to Push Guns Into Colleges and Schools, 9-11, 34, n. 2 (May 2007), at http://www.millionmommarch.org/sites/default/files/no-gun-left-behind.pdf.  The gun lobby continues to push arming teachers and faculty in elementary and high schools, and seeks to repeal the federal Gun-Free School Zones Act of 1996 that prohibits firearms within 1,000 feet of elementary and high schools.  After Newtown, the NRA’s refrain – arm teachers and faculty or have armed guards in every school – was rightly ridiculed.  See, e.g., Alec MacGillis, The NRA’s Emperor Has No Clothes, New Republic, Dec. 21, 2012, at http://www.newrepublic.com/blog/plank/111384/the-nras-emperor-no-clothes-moment; David Weigel, Wayne LaPierre Wants Armed Guards at Schools. Columbine Had an Armed Guard, Slate, Dec. 21, 2012, at http://www.slate.com/blogs/weigel/2012/12/21/wayne_lapierre_wants_armed_guards_at_schools_columbine_had_an_armed_guard.html?wpisrc=most_viral; and Jason Linkins, NRA Leader Wayne LaPierre’s Much-Criticized Sandy Hook Speech Was Actually Quite Effective, The Huffington Post, Dec. 21, 2012, at http://www.huffingtonpost.com/2012/12/21/nra-wayne-lapierre_n_2348277.html?utm_hp_ref=email_share.
  11. United States Secret Service, U.S. Department of the Treasury, Safe School Initiative: An Interim Report on the Prevention of Targeted Violence in Schools 6 (Oct. 2000), at http://cecp.air.org/download/ntac_ssi_report.pdfSee also Centers for Disease Control & Prevention, Morbidity & Mortality Weekly Report, Source of Firearms Used by Students in School-Associated Violent Deaths — United States, 1992—1999 (Mar. 7, 2003), at http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5209a1.htm.
  12. See Katrina Baum & Patsy Klaus, Office of Justice Programs, U.S. Dept. of Justice, Bureau of Justice Statistics Special Report, National Crime Victimization Survey – Violent Victimization of College Students, 1995-2002 (Jan. 2005), at http://bjs.ojp.usdoj.gov/content/pub/pdf/vvcs02.pdf.
  13. Private colleges are free to regulate their campuses for public safety purposes in conformity with state law. See Thomas L. Harnisch, American Association of State Colleges & Universities, Concealed Weapons on State College Campuses:  In Pursuit of Individual Liberty and Collective Security 2 (Nov. 2008), at http://www.aascu.org/WorkArea/DownloadAsset.aspx?id=4545. See also the discussion of state laws regulating guns in colleges, infra.
  14. Matthew Miller, David Hemenway & Henry Wechsler, Guns and Gun Threats at College, 51 J. Am. Coll. Health 57, 63 (Sept. 2002), at http://sph.harvard.edu/cas/Documents/Gunthreats2/gunspdf.pdf (focusing on gun ownership and gun threats on college or university campuses, regardless of whether those schools allowed firearms on campus).
  15. National Center for Injury Prevention & Control, U.S. Centers for Disease  Control & Prevention, Web-based Injury Statistics Query and Reporting System (WISQARS) Injury Mortality Reports, 1999-2007, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.
  16. U.S. Dep’t of  Education, Summary Campus Crime and      Security Statistics – Criminal Offenses, Murder/Non-negligent Manslaughter  (2003), at http://www.ed.gov/admins/lead/safety/crime/criminaloffenses/edlite-murder.html.
  17. Baum & Klaus, supra note 12, at 1.
  18. Id.
  19. Id. at 5.
  20. Matthew Miller, supra note 14, at 59. The study found that nearly two-thirds of gun-owning students were binge drinkers.
  21. U.S. Dep’t of Health & Human Services, Results from the 2002 National Survey on Drug Use and Health: National Findings, Chap. 9, Sec. 9.1 (2003), at http://www.oas.samhsa.gov/NHSDA/2k2NSDUH/Results/2k2results.htm#chap9.
  22. American College Health Ass’n, National College Health Assessment, Data Highlights, at http://www.achancha.org/data/PHYSMENTAL_3_all.html (providing data from Spring 2000 – Spring 2006).  See also Jameson K. Hirsch, Jon R. Webb & Elizabeth L. Jeglic, Forgiveness, Depression, and Suicidal Behavior Among a Diverse Sample of College Students, 67 J. Clinical Psych. 1 (2011), at http://faculty.etsu.edu/hirsch/forgive_dep_suicide.pdf (noting that about 6.4% to 9.5% of college students seriously consider suicide).
  23. American Psychiatric Association, College Mental Health & Confidentiality 1 (June 2009), at http://www.psych.org/Departments/EDU/Library/APAOfficialDocumentsandRelated/ResourceDocuments/200905.aspx.
  24. Sara B. Vyrostek, Joseph L. Annest, George W. Ryan, Surveillance for Fatal and Nonfatal Injuries – United States, 2001, Morbidity & Mortality Weekly Report, Centers for Disease Control & Prevention (Sept. 3, 2004) at http://www.cdc.gov/mmwr/preview/mmwrhtml/ss5307a1.htm.
  25. For additional information that explains why allowing concealed handguns on campus is a poor choice for self-defense, see the International Association of Campus Law Enforcement Administrators, Inc. (IACLEA), IACLEA Position Statement – Concealed Carrying of Firearms Proposals on College Campuses (Aug. 12, 2008) (co-written by the Law Center to Prevent Gun Violence), at http://www.iaclea.org/visitors/PDFs/ConcealedWeaponsStatement_Aug2008.pdf.
  26. Evidence suggests that permissive concealed gun carrying generally will increase crime.  See, e.g., Ian Ayres & John J. Donohue III, Shooting Down the “More Guns, Less Crime” Hypothesis, 55 Stan. L. Rev. 1193, 1285, 1296 (Apr. 2003); and Ian Ayres & John J. Donohue III, The Latest Misfires in Support of the “More Guns, Less Crime” Hypothesis, 55 Stan. L. Rev. 1371, 1397 (Apr. 2003).
  27. Brady Center to Prevent Gun Violence, supra note 9, at 8-9.  See also Americans for Gun Safety, Stolen Firearms: Arming the Enemy 1 (Dec. 2002). Once a gun is stolen it is much more likely to be used in subsequent crime.
  28. Brady Center to Prevent Gun Violence, supra note 9, at 6, 11-13.
  29. Id. at 15-17. For additional information on the dangers of allowing guns on campus, see the Students for Gun Free Schools fact sheets, Why Our Campuses are Safer Without Concealed Handguns, available at http://www.studentsforgunfreeschools.org/SGFSWhyOurCampuses-Electronic.pdf; and How We Can Prevent Future Tragedies, at http://www.studentsforgunfreeschools.org/HowWeCanPrevent-Electronic.pdf.
  30. 18 U.S.C. § 922(q)(2)(A). The GFSZA originally was enacted as part of the Crime Control Act of 1990. The GFSZA was eventually challenged as an unconstitutional exercise of congressional authority under the Commerce Clause of the U.S. Constitution. In United States v. Lopez, the Supreme Court struck down the law on the grounds that the Act regulated neither commercial nor interstate activity. 514 U.S. 549 (1995).  Following the ruling in Lopez, Congress re-enacted the GFSZA in 1996, correcting the defects identified by the Supreme Court. The amended GFSZA contained the same prohibitions as the 1996 revision, except the newer version added language to apply the law to any firearm “that has moved in or that otherwise affects interstate or foreign commerce.” 18 U.S.C. § 922(q)(2)(A), (3)(A). Challenges to the new statute have been unsuccessful. See, e.g., United States v. Danks, 221 F.3d 1037, 1038-39 (8th Cir. 1999) and United States v. Dorsey, 418 F.3d 1038, 1045-46 (9th Cir. 2005), rev’d on other grounds.
  31. 18 U.S.C. § 921(a)(25).
  32. 18 U.S.C. § 922(q)(2)(B)(ii).
  33. 18 U.S.C. § 922(q)(2)(B)(iii).
  34. 18 U.S.C. § 922(q)(2)(B)(iv), (v); § 922(q)(3)(B)(ii), (iii).
  35. Avarita L. Hanson, Have Zero Tolerance School Discipline Policies Turned into a Nightmare? The American Dream’s Promise of Equal Educational Opportunity Grounded in Brown v. Board of Education, 9 U.C. Davis J. Juv. L. & Pol’y 289, 303 (Summer 2005) (discussing the history of the Gun-Free Schools Act of 1990 and subsequent Acts).
  36. Id. at 303-04.
  37. 20 U.S.C. § 7151(b)(1).
  38. 20 U.S.C. § 7151(f).
  39. 20 U.S.C. § 7151(b)(1).
  40. 20 U.S.C. § 7151(b)(2).
  41. 20 U.S.C. § 7151(d), (e).
  42. 20 U.S.C. § 7151(h)(1).
  43. 18 U.S.C. § 921(a)(26).
  44. 20 U.S.C. § 7151(g).
  45. The White House, Progress Report on the President’s Executive Actions to Reduce Gun Violence, at 4 (June 18, 2013), available at: http://www.whitehouse.gov/sites/default/files/docs/exec_actions_progress_report_final.pdf.
  46. Id. at 6.
  47. Id.
  48. U.S. Department of Justice, Community Oriented Policing Services (COPS) Office, Department  of Justice Awards Hiring Grants for Law Enforcement and School Safety (Sept. 27, 2013), available at: http://www.cops.usdoj.gov/Default.asp?Item=2695.
  49. Ala. Code § 13A-11-72(c), (g).
  50. Ala. Code § 13A-11-72(c), (e).
  51. Alabama’s state universities prohibit guns in on campus, with some exceptions.  See http://policies.ua.edu/weapons.html.
  52. Alaska Stat. §§ 11.61.210(a)(7),  11.61.210(a)(8).
  53. Alaska Stat. §§ 18.65.755; 11.61.210(a)(7), (a)(8).
  54. Ariz. Rev.   Stat. Ann. §§ 13-3102(A)(12), 13-3102(M)(4), (5).
  55. Ariz.   Rev. Stat. § 13-3102(A)(12), (C)(4). (Arizona does not require a permit to carry a concealed firearm.)
  56. Some schools in Arizona have adopted policies that comply with Ariz. Rev. Stat. §12-781, a statute mandating that individuals be allowed to store firearms in a locked private vehicle or in locked motorcycle compartments. See, e.g., the University of Arizona (http://uapd.arizona.edu/weapons-campus).
  57. Ark. Code Ann. § 5-73-119(b)(1).
  58. Ark.   Code Ann. § 5-73-306(14). An   exception applies to possession at K-12 schools run by house of worship in certain circumstances.
  59. Ark. Code Ann. § 5-73-119(c)-(e).  There are specified exceptions, such as for law enforcement.
  60. Ark. H.B. 1505 (signed by the Governor April 6, 2016), creating Ark. Code § 5-73-119(e)(12) (applies to vehicles parked in public parking lots). Also, staff employed at a public or private college may carry concealed handguns throughout campus unless the college opts out of this exception. Ark. Code Ann. § 5-73-322(b), (c).
  61. Cal. Penal   Code §§ 626.9(b), (e)(1); Cal. Penal Code § 30310(a).
  62. Cal.   Penal Code § 626.9(l).
  63. Cal. Penal Code §§ 626.9(h)-(p), 626.92. There are specified exceptions, such as if written permission is granted by the university or college president or designee, or for peace officers and security guards.
  64. See 2015 Cal. S.B. 707, amending Cal. Penal Code § 626.9(l). There are specified exceptions, including for unloaded firearms in a locked car trunk or locked motor vehicle compartment. Cal. Penal Code § 626.9(c)(2).
  65. Colo. Rev.   Stat. § 18-12-105.5(1).
  66. Colo.   Rev. Stat. § 18-12-214(3).
  67. Colo. Rev. Stat. § 18-12-105.5(1), (3). There are specified exceptions, such as for participating in authorized demonstrations or extracurricular activities.
  68. See Regents of the Univ. of Colo. v. Students for Concealed Carry on Campus, 271 P.3d 496 (Colo. 2012); see also C.R.S. § 18-12-214(1) (Colorado Concealed Carry Act).
  69. Conn. Gen.   Stat. § 53a-217b(a).
  70. Conn.   Gen. Stat. § 53a-217b.
  71. Del.   Code Ann. tit. 11, § 1457(a) – (c).
  72. D.C. Code Ann. § 22-4502.01. D.C. exempts persons licensed to own a gun that live or work   within 1,000 feet of a gun free zone.
  73. D.C. Code § 22–4502.01(a)-(c). There are specified exceptions, such as for military personnel.
  74. Id. (with same exceptions).
  75. Fla. Stat. §§   790.115(1)-(2)(a), (c); 810.095.
  76. Fla.   Stat. § 790.06(12)(a)(7), (9), (10).
  77. Fla. Stat. Ann. § 790.115(2). There are specified exceptions, such as firearms carried school programs.
  78. Fla. Stat. Ann. § 790.06(12)(a)(13); see Florida Carry, Inc. v. Univ. of N. Florida, 133 So. 3d 966, 977 (Fla. Ct. App. 2013) (en banc).
  79. Ga. Code Ann. § 16-11-127.1. License holders may possess or store their guns in vehicles in   certain circumstances.
  80. Ga. Code Ann. § 16-11-127.1.  There are a number of specified exceptions, such as for public officials, approved courses or events, and individuals who have received written permission from a school official.
  81. Ga. Code Ann. § 16-11-127.1(c)(17) (firearm must be inside a locked vehicle compartment).
  82. Hawaii has no   relevant statute.
  83. Idaho Code § 18-3302D(1), (2)(e).
  84. Idaho Code §§ 18-3302C, 18-3302D(1).
  85. See Idaho Code Ann. § 18-3309.
  86. See Idaho Code Ann. § 18-3309(2). However, public colleges and universities may prohibit concealed carry within the following buildings, if they post a sign outside: large entertainment or sporting facilities, dormitories, and residence halls. Id.
  87. 720 Ill.   Comp. Stat. 5/24-1(a)(4), (a)(9), (a)(10), (c)(1), (c)(1.5), (c)(4).
  88. 720   Ill. Comp. Stat. 5/24-1(a)(4), (a)(10), (c)(1), (c)(1.5), (c)(4).  430 Ill. Comp. Stat. 66/65(a)(1).
  89. 720 Ill. Comp. Stat. 5/24-1(a)(4), (a)(9), (a)(10), (c)(1.5), (c)(4). There are specified exceptions, such as carrying a firearm to use in a training course, parade, hunting activity, or otherwise with the consent of school authorities.
  90. 430 Ill. Comp. Stat. 66/65(a)(15), (a)(17), (a-5). Illinois gives colleges or universities the discretion to enact exceptions for carrying firearms for “officially recognized programs.”  430 Ill. Comp. Stat. 66/65(a-5).
  91. Ind. Code Ann. § 35-47-9-2.
  92. Iowa Code §§   280.2; 724.4B(1).
  93. Iowa   Code § 724.4B.
  94. The Board of Regents of Iowa’s three public universities has adopted an administrative rule banning possession of firearms on those campuses.  681 Iowa Admin. Code 9.1(2)(g).
  95. Kan. Stat.   Ann. § 21-6301(a)(11).
  96. H.B.   2052, 85th Leg., Reg. Sess. (Kan. 2013); Kan. Stat. Ann. § 75-7c10(a) (concealed carry presumably prohibited under new 2013 law if the building has adequate security measures to keep weapons out and the building   is conspicuously posted as one where carrying a concealed handgun is   prohibited).
  97. Kan. Stat. Ann. §§ 75-7c20(a)-(c), (m)(1) (law takes effect July 2017). A school may still prohibit concealed carry in buildings if extensive security measures, including metal detectors and armed guards, are installed. See id. The Kansas Board of Regents, with authority over Kansas public universities, adopted a weapons policy generally allowing concealed carry starting July 2017.  Kansas Board of Regents Revised Weapons Policy (Jan. 20, 2016), available at https://www.k-state.edu/vpaf/weaponspolicy/approved-BOR-weapons-policy.pdf.
  98. Ky. Rev.   Stat. Ann. § 527.070.
  99. Ky.   Rev. Stat. § 237.110(16)(f).
  100. Ky. Rev. Stat. Ann. § 237.115(1) provides that colleges may regulate firearm possession. However, Kentucky colleges and universities cannot prohibit concealed carry license holders from storing a firearm inside their vehicle.  See Ky. Rev. Stat. Ann. § 527.020(4); Mitchell v. Univ. of Ky., 366 S.W.3d 895, 901 (Ky. 2012); see also UK Policy on Deadly Weapons Changed, University of Kentucky News (Jun. 22, 2012), http://uknow.uky.edu/content/uk-policy-deadly-weapons-changed.
  101. La. Rev.   Stat. Ann. § 14:95.2(A).
  102. La.   Rev. Stat. Ann. §§ 40:1379.3(N)(11); 14:95.6.
  103. La. Rev. Stat. Ann. §§ 14:95.2(A), 14:95.2(B)(3), 14:95.2(C). There are specified exceptions, such as possession by persons participating in ROTC.
  104. La. Rev. Stat. Ann. §§ 40:1379.3(N)(11), 14:95.2(C).
  105. Me. Rev.   Stat. Ann. tit. 20-A, § 6552(1).
  106. Me.   Rev. Stat. Ann., tit. 20-A, § 6552.
  107. Me. Rev. Stat. Ann. tit. 20-A § 10009(2) provides that  colleges may regulate firearm possession.
  108. Md. Code   Ann., Crim. Law § 4-102(b).
  109. Md.   Code Ann., Crim. Law § 4-102.
  110. Mass. Gen.   Laws ch. 269, § 10(j).
  111. Mass. Gen. Laws ch. 269, § 10(j). There is an exception if one has written authorization to carry a firearm.
  112. Id. (with same exception).
  113. Mich. Comp.   Laws § 750.237a(4), (6)(b), (6)(d).
  114. Mich.   Comp. Laws § 28.425o(1)(a). Permit holders cannot carry concealed in schools, but may be able to possess openly in   schools.
  115. A Michigan trial court has ruled that the University of Michigan has authority to ban open carry on campus.  Lindsay Knake, Judge Dismisses Gun Lawsuit Against University of Michigan, MLIVE.COM (Nov. 24, 2015), http://www.mlive.com/news/ann-arbor/index.ssf/2015/11/judge_dismisses_gun_lawsuit_ag.html.
  116. Mich. Comp. Laws § 28.425o(1)(h). Some schools in Michigan have allowed concealed carry on campus other than in dorms or classrooms, but other schools, such as the University of Michigan, have prohibited concealed carry everywhere on campus. Se, Brittany Shammas, MSU Allows People to Carry Concealed Firearms on Campus, The State News (Jun. 21, 2009), http://statenews.com/index.php/article/2009/06/msu_allows_people_to_carry_concealed_firearms_on_campus.
  117. Minn. Stat. §   609.66, Subd.1d.
  118. Minn.   Stat. § 609.66, subd. 1d(d).
  119. Minn. Stat. § 624.714, Subd. 18(c) provides that schools may not prohibit lawful possession of firearms in a parking facility or parking area.
  120. Miss. Code   Ann. § 97-37-17.
  121. Miss.   Code Ann. §§ 45-9-101(13); 97-37-17(2).
  122. Miss. Code Ann. § 97-37-17(1)(a), (2), (6), (7). There are specified exceptions, such as for firearms used in school-approved programs and firearms carried by law enforcement and military personnel.
  123. Miss. Code Ann. §§ 97-37-7(2), 45-9-101(13). To receive an enhanced permit, license holders must take  a voluntary course on the safe handling and use of firearms by a certified instructor. Miss. Code Ann. § 97-37-7(2).
  124. Mo. Rev.   Stat. § 571.030.1(10).
  125. Mo.   Rev. Stat. § 571.107.1(10).
  126. Some colleges and universities in Missouri have prohibited firearms on campus, see, e.g., Mo. Code Regs. Ann. tit. 6, § 250-4.010(10) (University of Missouri administrative rule), but there is a pending court challenge that may affect schools’ authority to do so. Royce de R. Barondes v. Timothy M. Wolfe and the Curators of the Univ. of Mo. (Circuit Ct. of Cole County, Mo. filed Sept. 19, 2015).
  127. Mo. Rev. Stat. § 571.107.1(10). Another exception is if the carrier has consent from designated officials.
  128. Mont. Code   Ann. § 45-8-361(1), (5).
  129. Mont.   Code Ann. § 45-8-361(1).
  130. Neb. Rev.   Stat. §§ 28-1204.04(1), 28-1201(8).
  131. Neb.   Rev. Stat. § 69-2441(1)(a).
  132. Neb. Rev. Stat. §§ 28-1201(8), 28-1204.04(1).  There are specified exceptions, such as for firearms courses.
  133. Neb. Rev. Stat. § 28-1204.04(1)(h). The vehicle must be attended or locked.
  134. Nev. Rev.   Stat. Ann. § 202.265(1)(e).
  135. Nev.   Rev. Stat. Ann. § 202.3673(3)(a).
  136. Nev. Rev. Stat. § 202.265(1), (3). There are specified exceptions, including if one obtains written permission.
  137. Nev. Rev. Stat. § 202.3673(3)(a). Private schools may prohibit CCW.
  138. N.H. Rev.   Stat. Ann. §§ 193-D:3; 193-D:1. (Not a prohibition, but a possible penalty   enhancement for unlawful possession of a gun in a safe school zone.)
  139. N.H. Rev.   Stat. Ann. §§ 193-D:1; 193:13. (New Hampshire only bans pupils from   possessing a firearm in a safe school zone, and also imposes a possible   penalty enhancement for unlawful possession of a firearm in a safe school zone.)
  140. N.J. Stat.   Ann. § 2C:39-5e.
  141. N.J. Stat. Ann. § 2C:39-5e(1).
  142. Id.
  143. N.M. Stat.   Ann. § 30-7-2.1.
  144. N.M.   Stat. Ann. § 29-19-8(B), (C).
  145. N.M. Stat. Ann. § 30-7-2.4. There are specified exceptions, such as by peace officers or for university-approved programs.
  146. Id. § 30-7-2.4(A)(5) (persons over the age of 19 may carry firearms in private vehicles “for lawful protection of the person’s or another’s person or property.”). There are other specified exceptions, such as by peace officers or for university-approved programs. Id. § 30-7-2.4.
  147. N.Y. Penal Law §§ 265.01(3), 265.01-a, 265.20(a)(3).
  148. N.Y. Pen. Law § 265.01-a. There is an exception if one has written authorization from a school.
  149. Id. (with same exception).
  150. N.C. Gen.   Stat. § 14-269.2
  151. N.C. Gen. Stat. § 14-269.2(a), (b), (g), & (j). There are specified exceptions, such as for law enforcement and firearms used in school-approved activities.
  152. N.C. Gen. Stat. § 14-269.2(j)(4)(a), (k). The firearm must be in a closed vehicle compartment, or on one’s person in a locked vehicle.
  153. N.D. Cent. Code § 62.1-02-05(1).
  154. N.D.   Cent. Code § 62.1-02-05.
  155. N.D. Cent. Code, § 62.1-02-13(1)(a), (d), (6)(a) allows limited regulation of guns in vehicles.
  156. Ohio Rev. Code Ann. § 2923.122.
  157. Ohio   Rev. Code Ann. § 2923.122.
  158. The vehicle must be locked. Ohio Rev. Code Ann. § 2923.126(B)(5).
  159. Okla. Stat.   tit. 21, § 1280.1.
  160. Okla.   Stat. tit. 21, § 1277(A)(3), (C). (Exception to restriction for authorized   permit holders in certain private schools.)
  161. Okla. Stat. tit. 21, §§ 1290.4, 1277(E)-(F); see also Oklahoma Open Carry FAQ, https://www.ok.gov/governor/OpenCarryFAQ.html (“Generally, you cannot openly carry at … Colleges, Universities or Technology Centers”).
  162. Okla. Stat. tit. 21, § 1277(E)-(F) (CCW is prohibited except in parked vehicles, in designated areas where an individual campus allows handguns, or with permission of campus administration).
  163. Or. Rev.   Stat. §§ 166.360(4); 166.370(1).
  164. Or. Rev.   Stat. § 166.370(3)(d), (g).
  165. Or. Rev. Stat. §§ 166.360(9), 166.370(1), (3).  There are specified exceptions, such as for law enforcement.
  166. Or. Firearms Educ. Found. v. Bd. of Higher Educ., 245 Ore. App. 713, 717, 722-23 (Or. Ct. App. 2011). However, schools may be able to enact internal policies prohibiting concealed carry inside classrooms, dorms, and other buildings. Id.see also Bill Graves, Oregon State Board of Higher Education Resorts to Policy to Ban Guns on Campus, The Oregonian (Mar. 2, 2012), available at www.oregonlive.com/education/index.ssf/2012/03/oregon_state_board_of_higher_e_7.html.
  167. 18 Pa. Cons. Stat. Ann. § 912.
  168. R.I. Gen. Laws § 11-47-60.
  169. S.C. Code   Ann. §§ 16-23-420(A); 16-23-430.
  170. S.C.   Code Ann. §§ 16-23-420(A), 23-31-215(M)(5), (6), (7).
  171. S.C. Code Ann. § 16-23-420. There are specified exceptions, including for “married students” with permission from campus security.
  172. S.C. Code Ann. § 16-23-420. The firearm must be in a locked or attended motor vehicle inside a closed compartment.
  173. S.D. Codified Laws § 13-32-7.
  174. Tenn. Code   Ann. § 39-17-1309(b), (c).
  175. Tenn. Code Ann. § 39-17-1309(c)(1), (e). There are specified exceptions, such as for military and law enforcement, as well as an exception for nonstudent adults carrying firearms within private vehicles.
  176. 2015 Tenn. S.B. 2376 (enacted), creating Tenn. Code Ann. § 39-17-1309(e)(9).
  177. Tex. Penal   Code § 46.03(a)(1), (f); Tex. Educ. Code § 37.125(a).
  178. Tex. Penal Code § 46.03(a)(1), (b), (f).  There are specified exceptions, such as when using a firearm for official duties.
  179. 2015 Tx. S.B. 11, creating Tex. Gov’t. Code § 411.2031.
  180. Utah Code   Ann. § 76-10-505.5.
  181. Utah Code   Ann. § 76-10-505.5(4)(a).
  182. Utah Code Ann. § 76-10-505.5(1)(b), (2)-(4).  There are specified exceptions, such as when possession is approved by a responsible school administrator or when the firearm is used in connection with an approved activity.
  183. Except in one campus area designated as a secure “hearing room.” Utah Code Ann. § 53B-3-103(2).
  184. Vt. Stat. Ann. tit. 13, § 4004
  185. Vermont does prohibit knowingly possessing a firearm within a “school building,” and on any school property with the intent to injure another person.  Vt. Stat. Ann. tit. 13, § 4004(a)-(b).  But it is not clear whether this applies to buildings on public or private colleges or universities, because “school” is undefined.
  186. Va. Code Ann.  § 18.2-308.1(B).
  187. Va.   Code Ann. § 18.2-308.1(B), (C).
  188. Op. Att’y Gen. Va. 05-078 (Jan. 4, 2006), 2006 Va. AG LEXIS 3, *6-*7 (opining that CCW cannot be prohibited in open areas of public campuses by licensed members of the public). However, public colleges and universities may still restrict concealed carry by students and employees, and in places where people congregate, such as in buildings or at events.  See Digiacinto v. Rector & Visitors of George Mason Univ., 704 S.E.2d 365, 369 (Va. 2011).
  189. Wash. Rev. Code Ann. § 9.41.280.
  190. The Board of Regents of the University of Washington has adopted an administrative rule banning possession of firearms on campus.  Wash. Admin. Code § 478-124-020(e).
  191. W. Va. Code § 61-7-11a(b).
  192. Wis. Stat. § 948.605.
  193. Wis. Stat. § 948.605(2).
  194. General ban applies to schools in the University of Wisconsin system. Wis. Adm. Code UWS § 18.10(3).
  195. But schools may prohibit CCW inside buildings if notice is posted See Wis. Stats. § 943.13(1m)(5); see also Carrying  Weapons or Firearms at University of Wisconsin Institutions, https://www.uwgb.edu/publicsafety/pdf/Carrying_Weapons_at_UW_Institutions.pdf (policy for the University of Wisconsin requiring that schools post signs prohibiting individuals from carrying weapons or firearms in campus buildings).
  196. Wyo. Stat. Ann. § 6-8-104(t).
  197. Wyo. Stat. Ann. § 6-8-104(t)(vi), x. There is an exception if one has consent from the college or university.  Id.; see also Aerin Curtis, Not Many Ask to Carry Concealed at Wyo. Colleges, Wyoming Tribune Eagle (Jun. 16, 2013), available at http://www.wyomingnews.com/news/article_133ad8b7-cb2a-5977-a7b9-564a9c736817.html.
  198. Alaska Stat. §§ 18.65.755; 11.61.210(a)(7), (a)(8).
  199. Vt. Stat. Ann. tit. 13, § 4004.
  200. Wyo. Stat. Ann. § 6-8-104(t)(vi), (ix).
  201. The following states exempt concealed weapons permit holders from the state prohibition on gun possession or have no law addressing the subject:  Alabama (Ala. Code § 13A-11-72(c), (e).), Arizona (See Ariz. Rev. Stat. § 13-3102(A)(12), (C)(4).  Arizona does not require a permit to carry a concealed firearm.), California (Cal. Penal Code § 626.9(l).), Hawaii (no relevant statute), New Hampshire (New Hampshire only bans pupils from possessing a firearm in a safe school zone, and also imposes a possible penalty enhancement for unlawful possession of a firearm in a safe school zone.  See N.H. Rev. Stat. Ann. §§ 193-D:1; 193:13.), Oregon (Or. Rev. Stat. § 166.370(3)(d), (g).), Rhode Island (R.I. Gen. Laws § 11-47-60(b).) and Utah (Utah Code Ann. § 76-10-505.5(4)(a).)
  202. Ala. Code § 16-1-24.3; Alaska Stat. § 14.03.160; Ariz. Rev. Stat. § 15-841(G); Ark. Code §§ 6-18-502(c)(2); 6-18-503(a)(1)(C)(ii); 6-18-507(e); Cal. Ed. Code §§ 48900(b); 48915(b), (c); Colo. Rev. Stat. § 22-33-106(1.5); Conn. Gen. Stat. § 10-233d(a)(2), (e); Del. Code Ann. Tit. 11, § 1457(c), (j)(5); D.C. Code §§ 38-231, 38-233, 38-234(a); Fla. Stat. §§ 1006.07(2)(g), (l); 1006.13(3)(a); Ga. Code Ann. §§ 20-2-751.1; 20-2-751(4); Haw. Rev. Stat. § 302A-1134(b); Idaho Code § 33-205; 105 Ill. Comp. Stat. 5/10-22.6(d); Ind. Code Ann. § 20-33-8-16(d), (e); Iowa Code § 280.21B; Kan. Stat. Ann. §§ 72-89a02; 72-89a01(b); Ky. Rev. Stat. Ann. § 158.150(1)(a), (2)(a); La. Rev. Stat. Ann. §§ 17:416(C)(2)(a)(i), (b)(i), (c)(i); 17:416(A)(3)(a)(x); Me. Rev. Stat. Ann. tit. 20-A §§ 1001(9)(C); 1001(9-A); Md. Code Ann., Educ. § 7-305(f); Md. Code Regs. 13A.08.01.12-1; Mich. Cop. Laws § 380.1311(2), (3), (10); Minn. Stat. § 121A.44; Miss. Code Ann. § 37-11-18; Mo. Rev. Stat. § 160.261(5), (6); Mont. Code Ann. § 20-5-202(2), (3), (4)(b); Neb. Rev. Stat. § 79-263; Nev. Rev. Stat. Ann. § 392.466(2); N.H. Rev. Stat. Ann. §§ 193:13(III); 193-D:1(II); N.J. Stat. Ann. § 18A:37-8; N.J. Admin. Code § 6A:16-5.5; N.M. Stat. Ann. § 22-5-4.7(A), (C); N.Y. Educ. Law § 3214(3)(d), (f); N.C. Gen. Stat. § 115C-390.10(a); N.D. Cent. Code §§ 15.1-19-10; 15.1-19-09(4); Ohio Rev. Code Ann. § 3313.66(B)(2); Okla. Stat. tit. 70, § 24-101.3(C)(2); Or. Rev. Stat. § 339.250(7); 24 Pa. Stat. Ann. § 13-1317.2; R.I. Gen. Laws § 16-21-18; S.C. Code Ann. § 59-63-235; S.D. Codified Laws § 13-32-4; Tenn. Code Ann. § 49-6-3401(a)(7), (g); Tex. Educ. Code §§ 37.007(a)(1)(A), (b)(3)(B), (e); Utah Code Ann. § 53A-11-904(2)(a)(i)(A), (B), (b); Vt. Stat. Ann. tit. 16, §§ 1162(a), 1166; Va. Code Ann. § 22.1-277.07(A), (E); Wash. Rev. Code Ann. § 28A.600.420; W. Va. Code §§ 18A-5-1a(a)(ii), 18A-5-1a(i); Wis. Stat. § 120.13(1)(c)(2m); Wyo. Stat. §§ 21-4-305(a); 21-4-306(a)(v).
  203. Massachusetts law states only that, as part of the each school district’s policies pertaining to the conduct of students, any student found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a firearm may be subject to expulsion from the school or school district. Mass. Gen. Laws ch. 71, § 37H(a).  No law requires mandatory expulsion for students possessing guns at school.
  204. The exception is Mississippi, where state law allows individuals who possess an enhanced concealed carry permit to carry concealed firearms on any “college or university facility” (so includes private as well as public institutions). See Miss. Code Ann. §§ 97-37-7(2), 45-9-101(13).
  205. See Regents of the Univ. of Colo. v. Students for Concealed Carry on Campus, 271 P.3d 496 (Colo. 2012) (Colorado Concealed Carry Act’s comprehensive statewide purpose, broad language, and narrow exclusions show that the Colorado General Assembly intended to divest Board of Regents of its authority to regulate concealed handgun possession on campus).
  206. 2014 Idaho S.B. 1254 (signed by the Governor March 12, 2014).
  207. Kan. Stat. Ann. §§ 75-7c20(a)-(c), (m)(1).
  208. Kansas Board of Regents Revised Weapons Policy (Jan. 20, 2016), available at https://www.k-state.edu/vpaf/weaponspolicy/approved-BOR-weapons-policy.pdf.
  209. Miss. Code Ann. § 97-37-7(2).
  210. Or. Firearms Educ. Found. v. Bd. of Higher Educ., 264 P.3d 160 (Or. Ct. App. 2011), available at http://www.publications.ojd.state.or.us/docs/A142974.pdf.
  211. The Oregon University System’s policies on the possession of firearms, approved by the State Board of Higher Education on March 2, 2012, may be viewed at http://www.ous.edu/sites/default/files/state_board/polipro/OUS-Policy-on-Firearms.pdf.
  212. See 2015 Tenn. S.B. 2376 (enacted), creating Tenn. Code Ann. § 39-17-1309(e)(9).
  213. Adam Tamburin, Tennessee Colleges Scramble as Law Allowing Guns on Campus Nears, The Tennessean (Jun. 18, 2016), available at http://www.tennessean.com/story/news/education/2016/06/17/tennessee-colleges-scramble-campus-carry-law-nears/85847784/.
  214. 2015 Tx. S.B. 11, creating Tex. Gov’t. Code § 411.2031.
  215. Id.
  216. Utah Code Ann. §§ 53B-3-103(1), (2)(a)(ii), (2)(b), 76-8-311.1; Utah Admin. Code r. 765-254-3.
  217. Digiacinto v. Rector & Visitors of George Mason Univ., 704 S.E.2d 365 (Va. 2011) (school regulations that are tailored to restrict weapons, including by concealed carry permit holders, only in those places where people congregate and are most vulnerable, but still allow gun possession on the open grounds of campus, are valid, constitutional provisions). See also Op. Att’y Gen. Va. 05-078 (2006), 2006 Va. AG LEXIS 3, *6-*7 (the governing boards of colleges and universities may not impose a general prohibition on the carrying of concealed weapons by permit holders, but may regulate the conduct of students and employees to prohibit them from carrying concealed firearms on campus).
  218. See Wis. Stat. § 943.13(1m)(c)(2), (5). Campuses may prohibit firearms from campus buildings if signs are posted at entrances explicitly stating that weapons are prohibited.
  219. Vermont does prohibit firearm possession within “school buildings” and anywhere on school property with the intent to injure another person. But it is unclear whether this prohibition applies to colleges and universities, or just K-12 schools, because “school” is undefined. See Vt. Stat. Ann. tit. 13, § 4004(a)-(b).
  220. 681 Iowa Admin. Code 9.1(2)(g); Wash. Admin. Code § 478-124-020(e).
  221. Ky. Rev. Stat. Ann. § 237.115(1); Me. Stat. 20-A, § 10009; Minn. Stat. § 624.714, subd. 18(b).
  222. Del. Code Ann. tit. 14, § 9004(b)(6).
  223. See Michael Rubinkam, Some Pa. Colleges Allow Students to Carry Guns, Associated Press (May 11, 2013), http://www.usatoday.com/story/news/nation/2013/05/11/pennsylvania-college-students-guns/2152625/.
  224. Ariz. Rev. Stat. §12-781; The University of Arizona Weapons Policy, http://uapd.arizona.edu/weapons-campus; Ky. Rev. Stat. Ann. § 527.020(4); Mitchell v. Univ. of Ky., 366 S.W.3d 895, 901 (Ky. 2012); Minn. Stat. § 624.714, subd. 18(c).