7.07 WEAPONS POSSESSION

Effective: August 15, 2024

Purpose: Beginning on July 1, 2017, the concealed-carrying of a handgun as described in this policy is permitted on campus. Otherwise, the Emporia State University campus, facilities, and programs are weapons-free in conformity with Kansas Board of Regents Policy on Weapons Possession. Each entrance to campus buildings and facilities will be posted in accordance with applicable statutes and regulations. Other areas approved by the President may be posted as allowed by law. Nothing in this policy will be read to prohibit possession of weapons on campus as necessary for the conduct of Board approved academic programs or University approved activities or practices. The University General Counsel must be notified of the use of a weapon during the conduct of any such program, activity, or practice, and that office will subsequently notify the Board of Regents. Law enforcement officers and active military personnel are exempted from this policy while acting within the scope of their employment, as are weapons stored securely at the University Office of Police and Safety pursuant to University procedures.

Scope:  This policy is applicable only within the geographic limits of the campus of Emporia State University and within locations owned or leased by the University that are not part of the University campus, provided that such locations are located within the State of Kansas.

Responsible Office: Campus and Facilities; General University

Policy Statement: The purpose of this section is to describe how handguns may be carried and stored on the campus of Emporia State University in as safe a manner as possible pursuant to Kansas law [The Private and Family Protection Act, K.S.A. 75-7c01 et seq.].

Campus Gun Free Locations with Adequate Security Measures

Each location within the geographic applicability of this policy designated as gun free with permanent “adequate security measures,” as defined by Kansas law, will be identified in this policy. 

The University may from time to time designate a specific location as temporarily gun free and use temporary adequate security measures as defined and required by law. Appropriate notice will be given and appropriate signage used whenever this temporary designation is to be made, including notice to the Kansas Board of Regents Governance Committee for any necessary approvals. 

Prohibitions

Open carry of firearms by any means is prohibited. The carrying of any rifle, shotgun, or other long gun by any means is prohibited. The carrying of any firearm, concealed or otherwise, is prohibited in any location or under any circumstances prohibited by applicable federal or state law. 

Restrictions to the Carrying of a Concealed Firearm 

Kansas law states that the only type of firearm that an individual can carry while concealed is a handgun. The following restrictions apply to the concealed carrying of a handgun pursuant to Kansas law and the violation of any of the following restrictions is a crime under Kansas law:

• An individual in possession of a concealed handgun must be at least 21 years of age [K.S.A 21-6302(a)(4)];
• a handgun 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 handgun [K.S.A. 21-6332];
• a handgun 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 handgun 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 handgun 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 handgun cannot be carried by an individual who has been convicted of a felony crime [K.S.A. 21-6304];
• an automatic handgun cannot be carried [K.S.A 21-6301(a)(5)];
• a cartridge which can be fired by a handgun and which has a plastic-coated bullet with a core of less than 60% lead by weight is illegal [K.S.A. 21-6301(a)(6)]; 
• Suppressors and silencers cannot be used with a handgun [K.S.A. 21-6301(a)(4)]; and
• Guns cannot be fired in the corporate limits of a city or at a dwelling, or at a structure or vehicle in which people are present, except in self-defense [K.S.A. 21-6308, 6308a]. 

Concealed Carry Described

Individuals who carry a handgun on campus must carry it concealed on or about their person at all times. With respect to this policy, “concealed” means completely hidden from view and does not reveal the weapon in any way, shape, or form, except when using the handgun in self-defense or when transferring the handgun to safe storage. “About the person” means that an individual may carry a handgun if it can be carried securely in a suitable carrier, such as a backpack, purse, handbag, or other personal carrier designed and intended for the carrying of an individual’s personal items. Moreover, the 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 carrier’s design, carrying or holding the carrier, or setting the carrier next to or within the immediate reach of the individual. 

Carrying Safety 

Holsters are required. Every handgun carried by an individual, whether on their person or in a carrier, must be secured in a holster that completely covers the trigger and the entire trigger guard area and that secures an external hammer, if present, in an un-cocked position through the use of a strap or by other means. Handguns with an external safety must be carried with the safety in the “on” position. The holster must have sufficient tension or grip on the handgun to retain it in the holster even when subjected to unexpected jostling. Semiautomatic handguns must be carried with an empty chamber. Revolvers must be carried with the hammer resting on an empty cylinder. 

Handgun Storage 

Handgun storage at Emporia State University is prohibited, except in the following two circumstances: (1) in an individual’s privately-owned or leased motor vehicle when the vehicle is locked (if unattended) 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 (as discussed within this policy). Handgun storage by any other means than specifically permitted in this policy is prohibited. 

University 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 storage device that conforms with this policy. A storage device that conforms with this policy has each of these characteristics: (1) it is of sufficient size to fully enclose the handgun while secured in a holster that conforms with this policy; (2) it is constructed of sturdy materials that are non-flammable; (3) it has a combination, digital, or other secure locking device that can only be unlocked by the individual using the storage device, but devices secured exclusively with a key lock are prohibited; and, (4) the 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 a storage device that conforms with this policy. 

Prohibited Storage 

It is prohibited for any person to store a handgun on campus: (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, who legally owns the handgun, and when the handgun is secured in a storage device that conforms with this policy; (3) in a motor vehicle that is unlocked and unattended or when the handgun is visible from outside the vehicle; (4) in any other location and under any circumstances except as specifically permitted by this policy; and, (5) all handguns must be stored unloaded, which means the magazine, cylinder, barrel, or any other means of internal ammunition storage in preparation for firing the handgun must contain no ammunition while being stored on campus. 

Reporting, Investigation, and Determination 

All reports of suspected violation of the conceal carry policy are made to the University Police and Safety by picking up any Emergency Campus Phone or by calling 620-341-5337 (5337 if called on campus). 

Police & Safety will conduct an initial investigation to determine whether the report describes a criminal matter and/or a policy violation. Police & Safety is solely responsible for deciding the extent of investigation necessary to make this determination.

Sanctions

The determination of which sanction(s), if any, to impose following a determination that this Weapons Policy has been violated will be handled on a case by case basis. Notwithstanding the type and nature of sanctions that may be described in University policies, the appropriate sanction for violation of this Weapons Policy can be anything determined pursuant to the applicable policy as appropriate, including expulsion or termination from the University. The guiding theme when determining the appropriate sanction is to ensure that the Weapons Policy violation will not be repeated and that the safety of University students and personnel is assured. 

Knowingly Making a False Report

Each report of a suspected policy violation must be made in good faith. The investigatory conclusion that there has been no policy violation does not mean, by itself, that the initial report was not made in good faith. Knowingly making a false report of a policy violation is prohibited and will be investigated through the same process as described within this policy for the investigation of a suspected policy violation with appropriate sanctions being assessed upon confirmation that a false report was made. 

Training

All University students and personnel who are regularly within the geographic applicability of this policy are required to receive training concerning this policy. Training will include learning where this policy applies, how a handgun is carried and stored pursuant to this policy, how to report a suspected violation of this policy, how reports are investigated, the potential sanctions upon confirmation of violation of this policy, and other topics relevant to this policy. The University will not conduct any training for students or personnel in the use of firearms, firearm safety, firearm cleaning and maintenance, firearm ownership or transfer or ownership, or any other topic not necessary for understanding and complying with this policy. The General Counsel’s Office is responsible for ensuring that appropriate training in this policy is conducted.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in University or Board of Regents policy or by statute or regulation.

Weapon - 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;

• any handgun, pistol, revolver, rifle, shotgun or other firearm of any nature, including concealed weapons licensed pursuant to the Personal and Family Protection Act, and amendments thereto; any BB gun, pellet gun, air/C02 gun, stun gun, blow gun, or devices designed to shoot electric darts (e.g., a Taser);
• any explosive, incendiary or poison gas (A) bomb, (B) mine,(C) grenade, (D) rocket having a propellant charge of more than four ounces, or (E) missile having an explosive or incendiary charge of more than ¼ ounce; 
• any incendiary or explosive material, liquid, solid or mixture equipped with a fuse, wick or other detonating device;
• any tear gas bomb or smoke bomb; however, personal self-defense items containing mace or pepper spray shall not be deemed to be a weapon for the purpose of this policy;
• 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; 
• 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; 
• any martial arts weapon such as nunchucks or throwing stars;
• any longbow, crossbow and arrows or other projectile that could cause serious harm to any person; or 
• any other dangerous or deadly weapon or instrument of like character. 

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Campus and Facilities, and General University procedures. 

[Campus and Facilities procedures - coming soon]

[General University procedures - coming soon]

Related Policy Information: N/A