Guns in Schools Policy Summary

Posted on November 1, 2013

schools-cropped

background-header

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 the 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.

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

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Two federal laws restrict the possession of firearms in or near 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

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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 generally prohibit firearms on college and university campuses, but 23 states specify that CCW permit holders may not carry concealed firearms on campus.  Most of the remaining states leave the question up to the college or university, but nine states prohibit colleges and universities from banning guns in certain areas of 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

General Prohibition on Guns on College   and University Campus

CCW on College and University Campus

AL

Yes49

Allowed50

Schools may prohibit.51

AK

Yes52

Allowed53

Schools may prohibit.

AZ

Yes54

Allowed55

Schools may prohibit.

AR

Yes56

Prohibited57

Yes58

Prohibited59

CA

Yes60

Schools may prohibit.61

Yes62

Schools may prohibit.63

CO

Yes64

Prohibited65

Yes66

Allowed67

CT

Yes68

Prohibited69

Schools may prohibit.

DE70

Yes

Prohibited

Schools may prohibit.

DC71

Yes

Prohibited

Yes

Prohibited

FL

Yes72

Prohibited73

Yes74

Prohibited75

GA76

Yes

Prohibited

Yes

Prohibited

HI77

Schools may prohibit

Schools may prohibit

ID

Yes78

Prohibited79

Schools may prohibit.

Allowed80

IL

Yes81

Prohibited82

Yes83

Prohibited84

IN85

Yes

Prohibited

Schools may prohibit.

IA

Yes86

Prohibited87

Schools may prohibit.

KS

Yes88

Schools may prohibit.89

Schools may prohibit.90

KY

Yes91

Prohibited92

Schools may prohibit .93

LA

Yes94

Prohibited95

Yes96

Prohibited97

ME

Yes98

Prohibited99

Schools may prohibit.100

MD

Yes101

Prohibited102

Schools may prohibit

MA103

Yes

Prohibited

Yes

Prohibited

MI

Yes104

Prohibited105

No

Prohibited106

MN

Yes107

Prohibited108

Schools may prohibit.109

MS

Yes110

Prohibited111

Yes112

Allowed113

MO

Yes114

Prohibited115

No

Prohibited116

MT

Yes117

Prohibited118

Schools may prohibit.

NE

Yes119

Prohibited120

Yes121

Prohibited122

NV

Yes123

Prohibited124

Yes125

Prohibited126

NH

No127

Allowed128

Schools may prohibit.

NJ129

Yes

Prohibited

Yes

Prohibited

NM

Yes130

Prohibited131

Yes132

Prohibited133

NY134

Yes

Prohibited

Yes

Prohibited

NC135

Yes

Prohibited

Yes

Prohibited

ND

Yes136

Prohibited137

Schools may prohibit.138

OH

Yes139

Prohibited140

No

Prohibited141

OK

Yes142

Prohibited143

No

Allowed144

OR

Yes145

Allowed146

Yes147

Allowed148

PA149

Yes

Prohibited

Schools may prohibit.

RI150

Yes

Allowed

Schools may prohibit.

SC

Yes151

Prohibited152

Yes153

Prohibited154

SD155

Yes

Prohibited

Schools may prohibit.

TN156

Yes

Prohibited

Yes

Prohibited

TX157

Yes

Prohibited

No

Prohibited

UT

Yes158

Allowed159

No

Allowed160

VT161

Yes

Allowed

Schools may prohibit.

VA

Yes162

Prohibited163

Schools may   prohibit.

Allowed164

WA165

Yes

Prohibited

Schools may prohibit.

WV166

Yes

Prohibited

Schools may prohibit.

WI

Yes167

Prohibited168

Schools may   prohibit.169

Allowed170

WY171

Yes

Allowed

Yes

Prohibited

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,172 Vermont173 and Wyoming174 do not require a permit to carry a concealed firearm, these states ban the possession of firearms at school.175

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.176 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.177

Colleges, Universities and Other Postsecondary Educational Institutions

1. States Generally Prohibiting Firearms at Colleges & Universities

Twenty states and 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.

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

In 24 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:  Alabama,178 Alaska, Arizona, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky,179 Maine,180 Maryland, Minnesota,181 Montana, New Hampshire, North Dakota,182 Pennsylvania, Rhode Island, South Dakota, Vermont, Virginia, Washington and West Virginia.

3. States Specifically Prohibiting Concealed Weapons Permit/License Holders from Carrying on College and University Property

Twenty-three states and the District of Columbia explicitly prohibit persons with a concealed weapons permit or license from carrying their concealable firearms on college or university property.183

4. States with Specific Laws 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.

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.184

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.185

Michigan – Any person licensed to carry a concealed handgun within the state may carry a concealed gun on school property, but cannot carry a gun in any dormitory or classroom of a community college, college or university, consistent with the state’s concealed carry location limits statute.186

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 campus. Applicants must be over age 21 and must pass a background check for the advanced permit.187

Oklahoma – Concealed handgun license holders may carry handguns on campus only in specified areas, including in vehicles in parking lots, on property authorized for possession or use of handguns by school policy, or on property authorized by the written consent of the college or university president.188

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.189  In 2012, the Board, using its authority, banned guns, including concealed carry, from classrooms, buildings, dormitories and sporting and entertainment events.190

Utah – In Utah, the state legislature assumed jurisdiction of the state’s public universities in 2004. Universities now permit the lawful possession or carrying of concealed firearms in most areas of their campuses.191

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), but must allow concealed carry permit holders to possess guns on the open grounds of campus.192

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.193

50 State Summary

comprehensive-law-header

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
  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://archive.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. Ark. Code Ann. § 5-73-119(b)(1). []
  57. Ark.   Code Ann. § 5-73-306(14). An   exception applies to possession at K-12 schools run by house of worship in certain circumstances. []
  58. Ark. Code Ann. §§ 5-73-119(c)(1);   5-73-322 (handguns only). []
  59. Ark. Code § 5-73-306(14). []
  60. Cal. Penal   Code §§ 626.9(b), (e)(1); Cal. Penal Code § 30310(a). []
  61. Cal.   Penal Code § 626.9(l). []
  62. Cal. Penal   Code § 626.9(h), (i). []
  63. Cal. Penal Code § 626.9(l). Although California prohibits any person from bringing or possessing a loaded or unloaded firearm upon the grounds of a public or private college or university campus, or other campus property,
    including buildings owned or operated for student housing, teaching, research, or administration, any person holding a valid license to carry a firearm is specifically exempt from these prohibitions. []
  64. Colo. Rev.   Stat. § 18-12-105.5(1). []
  65. Colo.   Rev. Stat. § 18-12-214(3). []
  66. Colo. Rev.   Stat. § 18-12-105.5(1). []
  67. 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.) []
  68. Conn. Gen.   Stat. § 53a-217b(a). []
  69. Conn.   Gen. Stat. § 53a-217b. []
  70. Del.   Code Ann. tit. 11, § 1457(a) – (c). []
  71. 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. []
  72. Fla. Stat. §§   790.115(1)-(2)(a), (c); 810.095. []
  73. Fla.   Stat. § 790.06(12)(a)(7), (9), (10). []
  74. Fla. Stat. §§   790.115(1)-(2)(a), (c); 810.095. []
  75. Fla. Stat. § 790.06(12)(a)(9), (13). []
  76. Ga. Code Ann. § 16-11-127.1. License holders may possess or store their guns in vehicles in   certain circumstances. []
  77. Hawaii has no   relevant statute. []
  78. Idaho Code § 18-3302D(1), (2)(e). []
  79. Idaho Code §§ 18-3302C, 18-3302D(1). []
  80. Idaho Code § 18-3309. []
  81. 720 Ill.   Comp. Stat. 5/24-1(a)(4), (a)(9), (a)(10), (c)(1), (c)(1.5), (c)(4). []
  82. 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). []
  83. 720 Ill.   Comp. Stat. 5/24-1(a)(4), (a)(9), (a)(10), (c)(1), (c)(1.5), (c)(4). []
  84. 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)(15), (a)(17),   (a-5). []
  85. Ind. Code Ann. § 35-47-9-2. []
  86. Iowa Code §§   280.2; 724.4B(1). []
  87. Iowa   Code § 724.4B. []
  88. Kan. Stat.   Ann. § 21-6301(a)(11). []
  89. 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). []
  90. In 2013, Kansas enacted a law stating that the
    carrying of concealed weapons may not be restricted in any state or municipal
    building (including state colleges and universities) unless the building has “adequate security measures.”  H.B. 2052, 85th Leg., Reg. Sess. (Kan. 2013).  See also Kan. Stat. Ann. §§ 75-7c10, 75-7c-20. []
  91. Ky. Rev.   Stat. Ann. § 527.070. []
  92. Ky.   Rev. Stat. § 237.110(16)(f). []
  93. Ky. Rev. Stat. Ann. § 237.115(1) provides that colleges may regulate firearm possession. []
  94. La. Rev.   Stat. Ann. § 14:95.2(A). []
  95. La.   Rev. Stat. Ann. §§ 40:1379.3(N)(11); 14:95.6. []
  96. La. Rev.   Stat. Ann. § 14:95.2(A). []
  97. La. Rev. Stat. Ann. §§ 40:1379.3(N)(11); 14:95.6(C). []
  98. Me. Rev.   Stat. Ann. tit. 20-A, § 6552(1). []
  99. Me.   Rev. Stat. Ann., tit. 20-A, § 6552. []
  100. Me. Rev. Stat. Ann. tit. 20-A § 10009(2) provides that   colleges may regulate firearm possession. []
  101. Md. Code   Ann., Crim. Law § 4-102(b). []
  102. Md.   Code Ann., Crim. Law § 4-102. []
  103. Mass. Gen.   Laws ch. 269, § 10(j). []
  104. Mich. Comp.   Laws § 750.237a(4), (6)(b), (6)(d). []
  105. Mich.   Comp. Laws § 28.425o(1)(a). Permit holders cannot carry concealed in schools, but may be able to possess openly in   schools. []
  106. Any person licensed to carry a concealed handgun within the state cannot carry a concealed handgun in any dormitory or classroom of a community college, college or   university, consistent with the state’s concealed carry location limits statute. See Mich. Comp. Laws § 28.425o(1)(h). []
  107. Minn. Stat. §   609.66, Subd.1d. []
  108. Minn.   Stat. § 609.66, subd. 1d(d). []
  109. Minn. Stat. § 624.714, Subd. 18(c) provides that schools may not prohibit lawful possession of firearms in a parking facility or parking area. []
  110. Miss. Code   Ann. § 97-37-17. []
  111. Miss.   Code Ann. §§ 45-9-101(13); 97-37-17(2). []
  112. Miss. Code   Ann. § 97-37-17. []
  113. 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 campus. Applicants must be over age 21 and must pass a background check for the   advanced permit. See Miss. Code Ann. § 45-9-101(13); Miss. Code Ann. § 97-37-7(2). []
  114. Mo. Rev.   Stat. § 571.030.1(10). []
  115. Mo.   Rev. Stat. § 571.107.1(10). []
  116. Mo. Rev. Stat. § 571.107.1(10). []
  117. Mont. Code   Ann. § 45-8-361(1), (5). []
  118. Mont.   Code Ann. § 45-8-361(1). []
  119. Neb. Rev.   Stat. §§ 28-1204.04(1), 28-1201(8). []
  120. Neb.   Rev. Stat. § 69-2441(1)(a). []
  121. Neb. Rev.   Stat. Ann. §§ 28-1204.04(1), 28-1201(8). []
  122. Neb. Rev. Stat. § 69-2441(1)(a). []
  123. Nev. Rev.   Stat. Ann. § 202.265(1)(e). []
  124. Nev.   Rev. Stat. Ann. § 202.3673(3)(a). []
  125. Nev. Rev.   Stat. Ann. § 202.265(1)(e). []
  126. Nev. Rev. Stat. Ann. § 202.3673(3)(a), (6)(b) (applies to any component of the Nevada System of Higher   Education). []
  127. 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.) []
  128. 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.) []
  129. N.J. Stat.   Ann. § 2C:39-5e. []
  130. N.M. Stat.   Ann. § 30-7-2.1. []
  131. N.M.   Stat. Ann. § 29-19-8(B), (C). []
  132. N.M. Stat.   Ann. § 30-7-2.4. []
  133. N.M. Stat. Ann. § 30-7-2.4. []
  134. N.Y. Penal Law §§ 265.01(3), 265.01-a, 265.20(a)(3). []
  135. N.C. Gen.   Stat. § 14-269.2 []
  136. N.D. Cent. Code § 62.1-02-05(1). []
  137. N.D.   Cent. Code § 62.1-02-05. []
  138. N.D. Cent. Code, § 62.1-02-13(1)(a), (d), (6)(a) allows limited regulation of guns in vehicles. []
  139. Ohio Rev. Code Ann. § 2923.122. []
  140. Ohio   Rev. Code Ann. § 2923.122. []
  141. Ohio Rev. Code Ann. § 2923.126(B)(5). []
  142. Okla. Stat.   tit. 21, § 1280.1. []
  143. Okla.   Stat. tit. 21, § 1277(A)(3), (C). (Exception to restriction for authorized   permit holders in certain private schools.) []
  144. Concealed handgun license holders may carry handguns on campus only in specified areas, including in vehicles in parking lots, on property authorized for possession   or use of handguns by school policy, or on property authorized by the written consent of the college or university president. See Okla. Stat. tit. 21, § 1277(E). []
  145. Or. Rev.   Stat. §§ 166.360(4); 166.370(1). []
  146. Or. Rev.   Stat. § 166.370(3)(d), (g). []
  147. Or. Rev.   Stat. §§ 166.360(4); 166.370(1). []
  148. 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.  The Oregon University System’s policies on the possession of firearms, approved by the State Board of Higher Education   on March 2, 2012, many be viewed at http://www.ous.edu/sites/default/files/state_board/polipro/OUS-Policy-on-Firearms.pdf. []
  149. 18 Pa. Cons. Stat. Ann. § 912. []
  150. R.I. Gen. Laws § 11-47-60. []
  151. S.C. Code   Ann. §§ 16-23-420(A); 16-23-430. []
  152. S.C.   Code Ann. §§ 16-23-420(A), 23-31-215(M)(5), (6), (7). []
  153. S.C. Code   Ann. § 16-23-420(A). []
  154. S.C. Code Ann. §§ 16-23-420(A), 23-31-215(M)(6). []
  155. S.D. Codified Laws § 13-32-7. []
  156. Tenn. Code   Ann. § 39-17-1309(b), (c). []
  157. Tex. Penal   Code § 46.03(a)(1), (f); Tex. Educ. Code § 37.125(a). []
  158. Utah Code   Ann. § 76-10-505.5. []
  159. Utah Code   Ann. § 76-10-505.5(4)(a). []
  160. Utah Code Ann. §§ 53B-3-103(1), (2)(a)(ii), (2)(b), 76-8-311.1; Utah Admin. Code r. 765-254-3. []
  161. Vt. Stat. Ann. tit. 13, § 4004 []
  162. Va. Code Ann.   § 18.2-308.1(B). []
  163. Va.   Code Ann. § 18.2-308.1(B), (C). []
  164. 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.) []
  165. Wash. Rev. Code Ann. § 9.41.280. []
  166. W. Va. Code § 61-7-11a(b). []
  167. Wis. Stat. §   948.605. []
  168. Wis.   Stat. § 948.605(2). []
  169. General ban applies to schools in the University of Wisconsin system. Wis. Adm. Code UWS § 18.10(3). []
  170. 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. See Wis. Stat. § 943.13(1m)(c)(2), (5). []
  171. Wyo. Stat.   Ann. § 6-8-104(t). []
  172. Alaska Stat. §§ 18.65.755; 11.61.210(a)(7), (a)(8). []
  173. Vt. Stat. Ann. tit. 13, § 4004. []
  174. Wyo. Stat. Ann. § 6-8-104(t)(vi), (ix). []
  175. 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).) []
  176. 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). []
  177. 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. []
  178. Alabama’s state universities prohibit guns in on campus, with some exceptions.  See http://policies.ua.edu/weapons.html. []
  179. Ky. Rev. Stat. Ann. § 237.115(1) provides that colleges may regulate firearm possession. []
  180. Me. Rev. Stat. Ann. tit. 20-A § 10009(2) provides that colleges may regulate firearm possession. []
  181. Minn. Stat. § 624.714, Subd. 18(c) provides that schools may not prohibit lawful possession of firearms in a parking facility or parking area. []
  182. N.D. Cent. Code, § 62.1-02-13(1)(a), (d), (6)(a) allows limited regulation of guns in vehicles. []
  183. Note that some of these states also allow concealed carry on specific areas of campus or under specific circumstances.  See Section 4, infra, for further information. []
  184. 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). []
  185. 2014 Idaho S.B. 1254 (signed by the Governor March 12, 2014). []
  186. See Mich. Comp. Laws § 28.425o(1)(h). []
  187. Miss. Code Ann. § 97-37-7(2). []
  188. See Okla. Stat. tit. 21, § 1277(E). []
  189. See 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. []
  190. The Oregon University System’s policies on the possession of firearms, approved by the State Board of Higher Education on March 2, 2012, many be viewed at http://www.ous.edu/sites/default/files/state_board/polipro/OUS-Policy-on-Firearms.pdf. []
  191. Utah Code Ann. §§ 53B-3-103(1), (2)(a)(ii), (2)(b), 76-8-311.1; Utah Admin. Code r. 765-254-3. []
  192. 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). []
  193. 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. []