Concealed Carry on Campus

Written by Jason M. Wong Thursday, 28 May 2009 00:00

The Legalities of Carrying a Concealed Firearm on Campus

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Speak of school violence, and the topic of conversation will almost always turn to the Columbine High School shootings of April 20, 1999. Although Columbine was not the first school shooting incident, it was one of the most horrific and shocking cases of gun violence on school grounds. Following the Virginia Tech shooting on April 16, 2007, school administrators, teachers, and students began frank discussions about the legality of concealed firearms and the inherent right of self defense on school campuses. In order to understand the current regulations governing concealed carry on campus, one must understand past efforts to legislate and control the issue of weapons in schools.

On November 29, 1990, the The Gun Free School Zones Act of 1990 was enacted as section 1702 of the Crime Control Act of 1990ⁱ. The act prohibited any individual from knowingly possessing a firearm on school grounds, or within 1,000 feet of a public, parochial or private school. Although there were exemptions to the law, the resultant effect was the creation of large portions of urban areas where firearms could not be legally possessed.

Consider the case of Alfonso Lopez, a 12th grade high school student from San Antonio, Texas who brought a handgun and five rounds of ammunition to school. The firearm was discovered and Mr. Lopez was charged with violating the Gun Free School Zones Act. At trial, Mr. Lopez’s attorney argued that the law was unconstitutional. The district court disagreed, and Mr. Lopez was sentenced to six months imprisonment, two years of supervised release, and a $50.00 fine. Upon review by the U.S. Supreme Court, the court determined, in a 5-4 decision, that the possession of a gun in a local school zone is not an economic activity that has an impact on interstate commerce, and that Congress failed to sufficiently show a link between gun violence in schools and interstate commerceⁱⁱ. The Gun Free School Zones Act was ruled unconstitutional.

Following the decision in Lopez, Congress passed the Gun Free Schools Act of 1994. The 1994 legislation removed the 1,000 foot radius surrounding a school, and instead made it mandatory for all States receiving Federal educational funds to establish laws governing firearms in schools. Under the minimum standards provision of the Federal law, any student that brings a firearm (to include pellet guns and explosives) to school must be removed from campus for at least one year.ⁱⁱⁱ The law was updated in 2002 to permit students to lawfully store a firearm within a locked vehicle on school property, and to permit the possession of a firearm by a student on school property for approved and authorized school activities. Neither the 1994, nor the 2002 legislation addresses the issue of parents, teachers, or administrators possessing firearms on campus.^iv

The 2002 Gun Free Schools Act puts individual gun owners in a quandary. Several States have passed legislation prohibiting all firearms on school property by any person, (whether a student, teacher, administrator, or parent) while other States have no restrictions on the possession of a firearm by non-students. If an individual wishes to carry a concealed firearm on public school property, it is advised that State laws be consulted to determine if such action would be legal.

Private and parochial schools are not subject to the provisions of the 2002 Gun Free Schools Act. As a result, the act does not regulate the possession of firearms by students on private school property. Nevertheless, be advised that a private or parochial school may impose restrictions on the possession of firearms on their property. In addition, individuals are advised to check State laws and school policy on the applicability of firearm possession on private school property.

Colleges and universities pose different challenges. While the 2002 Gun Free Schools Act applies only to secondary schools, colleges and universities are subject to State concealed carry laws. There are currently 24 States that prohibit concealed carry on college campuses.^v An additional 15 States allow individual college campuses to decide whether to allow concealed carry on campus.^vi Following the Virginia Tech shooting, Virginia became one of the 15 States that allow self-determination by colleges and universities. Nevertheless, given that most college campuses are bastions of elitism populated with anti-gun professors and administrators, very few colleges permit the legal possession of a concealed firearm on campus. Legislative efforts in Kansas, Texas, Missouri, and Louisiana have sought to allow legal concealed carry on campuses in their respective States, however Utah is the sole State that has passed legislation granting students the right to carry concealed firearms on campus on a State-wide basis.

While the following information is accurate as of press time, legislative action can, and does occur quickly. The following information is intended only as a guide, and does not replace the need to verify individual State laws and regulations. When in doubt, consult a legal authority with expertise within your area for additional information.

Jason M. Wong is an attorney licensed in the State of Washington. Mr. Wong is the managing partner of the Firearms Law Group, a law firm that represents manufacturers, importers, and exporters in the firearm and defense industries. The firm currently maintains offices in Washington, D.C., and Tacoma, Washington.

ⁱPublic Law 101-647, codified at 18 USC 922(g)
ⁱⁱU.S. v. Lopez, 514 U.S. 549 (1995)
ⁱⁱⁱThe Gun-Free Schools Act of 1994, Pub. L. 103–382, codified at 20 USC 8921
^ivThe Gun-Free Schools Act, Pub. L. 107–110, codified at 20 USC 7151
^vStates that prohibit concealed carry of firearms on campus are: Arizona, Arkansas, Florida, Georgia, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Vermont, and Wyoming.
^viStates that grant discretion to individual colleges include: Alaska, Colorado, Idaho, Indiana, Kansas, Kentucky, Minnesota, Missouri, Montana, Oregon, Pennsylvania, South Dakota, Virginia, Washington, and West Virginia.