Regents approve PSU weapons policy

  Friday, December 16, 2016 2:00 AM
  News

Pittsburg, KS

The Kansas Board of Regents on Wednesday approved PSU’s weapons policy, which complies with the state law allowing concealed handguns on campuses. The university’s policy, which will go into effect on July 1, 2017, is very similar to that of the other regents’ institutions.

On July 1, as required by state law, anyone 21 years of age or older and lawfully eligible, will be allowed to carry a concealed handgun on campus in buildings without adequate security, such as metal detectors.

PSU’s policy was developed with the cooperation of a weapons task force comprised of faculty, student, and staff representatives. The task force gathered input from campus over several months.

“The task force did a great job of listening to campus,” said Jamie Brooksher, PSU’s general counsel. “Their input was important in helping us develop a policy that was clear, concise and in compliance with state law.”

Now that the policy has been approved by the regents, the university can turn its attention to implementation.

“Our first step is to make certain our campus understands the new policy,” said Brooksher. “We know there will be many questions from our faculty, students and staff. We will hold a series of informational sessions throughout the spring semester in order to answer those questions and prepare for the July 1 implementation.”

The new policy, which will go into effect July 1, 2017, is listed below.

Pittsburg State University Proposed Weapons Policy and Procedures

November 22, 2016

Introduction:

The possession and use of firearms, explosives, and other weapons are prohibited on the campus of Pittsburg State University, with the limited exception of concealed handguns as provided in this policy. The purpose of this policy is to describe how handguns may be carried, stored, and managed on the campus of Pittsburg State University in as safe a manner as possible. This policy is in accordance with the Kansas Board of Regents Policy and state law, K.S.A.75-7c01, et seq.

Geographic Applicability:

This policy is applicable only within the geographic limits of the Pittsburg State University campus. Campus is defined as any building or grounds owned by Pittsburg State University or any building or grounds leased by Pittsburg State University for state university use.

III. Definitions:

Weapons-

(1) Any object or device which will, is designed to, or may be readily converted to expel bullet, shot or shell by the action of an explosive or other propellant;

(2) Any handgun, pistol, revolver, rifle, shotgun or other firearm of any nature, including those that are concealed or openly carried;

(3) Any BB gun, pellet gun, air/C’02 gun, any Taser or similar electrical weapon that discharges a projectile, or blow gun;

(4) Any explosive, incendiary or poison gas (A) bomb, (B) mine, (C) grenade, (D) rocket having a propellant charge of more than four ounces, or (E) missile having an explosive or incendiary charge of more than ¼ ounce;

(5) Any incendiary or explosive material, liquid, solid, or mixture equipped with a fuse, wick or other detonating device;

(6) Any tear gas bomb or smoke bomb; however, personal self-defense items containing mace or pepper spray shall not be deemed to be a weapon for the purposes of this policy;

(7) Any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement;

(8) Any straight-blade knife of four inches or more such as a dagger, dirk, dangerous knife or stiletto; except that an ordinary pocket knife or culinary knife designed for and used solely in the preparation or service of food shall not be construed to be a weapon for the purposes of this policy;

(9) Any martial arts weapon such as nunchucks or throwing stars;

(10)Any longbow, crossbow and arrows or other projectile that could cause serious harm to any person; or

(11)Any other dangerous or deadly weapon or instrument of like character.

Handgun-

(1) A pistol or revolver which is designed to be fired by the use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition; or

(2) Any other weapon which will or is designed to expel a projectile by the action of an explosive and which is designed to be fired by the use of a single hand.

Firearm-

Any handgun, rifle, shotgun, and other weapon which will or is designed to expel a projectile by the action of an explosive.

IV. Prohibitions and Restrictions to the Carrying of a Concealed Firearm Pursuant to Kansas Law:

Open carry of firearms by any means is prohibited. The carrying of any rifle, shotgun, or other long gun by any means is prohibited. It is a violation of University policy to openly display any lawfully possessed concealed carry handgun while on campus except when lawfully using the handgun in self-defense or when transferring to safe storage.

Kansas law outlines the following restrictions to the concealed carrying of a handgun. Failure to comply with the following restrictions is a violation of University policy and Kansas Law:

• Individuals in possession of a concealed handgun must be at least 21 years of age

[K.S.A. 21-6302(a)(4)];

• A firearm cannot be carried by an individual under the influence of alcohol or drugs, or

both, to such a degree as to render the individual incapable of safely operating the firearm [K.S.A. 21-6332];

• A firearm cannot be fired in the corporate limits of a city, at a dwelling, structure, or

vehicle in which a human is present, except in self-defense [K.S.A. 21-6308, 6308a];

• A firearm cannot be carried by an individual who is both addicted to and an unlawful user of a controlled substance [K.S.A. 21-6301(a)(10)];
• A firearm cannot be carried by an individual who is or has been a mentally ill person subject to involuntary commitment [K.S.A. 21-6301(a)(13)];

• A firearm cannot be carried by an individual with an alcohol or substance abuse problem subject to involuntary commitment [K.S.A. 21-6301(a)(13)];
• A firearm cannot be carried by an individual who has been convicted of a felony crime

[K.S.A. 21-6304];

• An automatic firearm cannot be carried [K.S.A. 21-6301(a)(5)];
• Any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight, whether the person knows or has reason to know that the plastic-coated bullet has a core of less than 60% lead by weight is illegal [K.S.A. 21-6301(a)(6)];
• Any device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm is illegal [K.S.A. 21-6301(a)(4)].

V. Carrying Safety Requirements:

Any individual who is 21 years of age or older and who is lawfully eligible to carry a concealed handgun is wholly and solely responsible for carrying, storing, and using that handgun in a safe manner and in accordance with the Kansas Law, Kansas Board of Regents Policy and University policy. Concealed means completely hidden from view and does not reveal the weapon in any way, shape or form.

Whether on their person or in a personal carrier, every handgun carried by an individual must be secured in a holster that completely covers the trigger and the entire trigger guard area and that secures any external hammer in an un-cocked position. The handgun must be secured in the holster with a strap or by other means of retention. The holster must have sufficient tension or grip on the handgun to retain it in the holster even when subjected to unexpected jostling.

Handguns with an external safety must be carried with the safety in the “on” position.

The handgun must be in the person’s custody and control at all times with safety mechanism engaged. Handguns must be carried securely in a suitable carrier (backpack, purse, handbag, or other personal carrier designed and intended for the carrying of an individual’s personal items). The suitable carrier must at all times remain within the exclusive and uninterrupted control of the individual. This includes wearing the carrier with one or more straps consistent with the carriers design, carrying or holding the carrier, or setting the carrier next to or within the immediate reach of the individual.

VI. Campus Gun-Free Locations with Adequate Security Measures:

There are no University locations designated as gun free with permanent adequate

security measures. The University may designate a specific location as temporarily gun free and use temporary adequate security measures as defined and required by law and Kansas Board of Regents Policy. Appropriate notice will be given whenever this temporary designation is made.

VII. Handgun Storage:

Handgun storage is prohibited at Pittsburg State University except in the following circumstances: (1) in an individual’s privately-owned or leased motor vehicle when the vehicle is locked and the handgun is secured in a location within the vehicle that is not visible from outside the vehicle; or, (2) in an individual’s on-campus residential unit when the handgun is secured in a holster and in an approved storage device (see below).

Approved Storage Device:

The University does not provide approved handgun storage devices to any person, under any circumstances. Each individual who stores a handgun in an on-campus residence must provide their own approved storage device.

An approved storage device meets the following criteria:

1. Is of sufficient size to fully enclose the handgun while secured in an approved holster (as defined in Section V).
2. Is constructed of sturdy materials that are non-flammable
3. Has a combination, digital, or other secure locking device that can only be unlocked by the individual using the storage device. Devices secured exclusively with a key lock are prohibited.
4. Device is constructed specifically for the storage of a handgun and/or ammunition. All ammunition stored in an on-campus residence must be stored in an approved storage device.

Prohibited Storage:

Storage of handguns is prohibited in the following:

1. In any University classroom, lab, office, or facility;
2. In a residence hall, except in the residential unit of the individual who is at least 21 years of age, legally owns the handgun, and has the handgun secured in an approved storage device;

3. In a motor vehicle that is unlocked or when the handgun is visible from the outside of the vehicle;

4. In any other location or under any circumstances except as specifically permitted by this policy or the state or federal law.

VIII. Violations Process:

All suspected weapons policy violations will be reported to the University Police. Initial

investigations will be conducted by University Police to determine if University or Kansas Board of Regents policy has been violated. If the investigation determines a crime has been committed, a separate criminal investigation will be conducted, unrelated to policy. If University policy has allegedly been violated, the matter will be reported to the Behavior Intervention and Threat Assessment Team.

When there is probable cause to believe that a weapons policy violation has occurred, or continued possession and carrying by the alleged policy violator will create imminent danger to self or others, University Police have authority to disarm and/or temporarily confiscate a firearm and issue a restriction to not carry a concealed firearm on campus pending results of the investigation.

The President, or his or her designee, may take any temporary action as determined necessary to ensure the safety of the University and of its students and personnel. Any individual who violates one or more provisions of this policy may be issued a lawful directive to leave campus with the weapon immediately. Any individual who violates the directive shall be considered to be in trespass and may be cited accordingly. Any employee or student of the university who violates one or more provisions of this policy shall be subject to discipline in accordance with applicable University codes of conduct. Any individual who violates state or federal law may be detained, arrested, or otherwise subjected to lawful processes appropriate to the circumstances.