Are there federal laws against college carry?

This is a discussion on Are there federal laws against college carry? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My boss and I had a disagreement today. He said that there are federal laws against college carry. However I was to understand that There ...

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Thread: Are there federal laws against college carry?

  1. #1
    Member Array fox2102's Avatar
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    Are there federal laws against college carry?

    My boss and I had a disagreement today. He said that there are federal laws against college carry. However I was to understand that There is not federal law and in my state there is no law against it at all.

    Can anyone set me straight on the federal and alabama state carry laws when it comes to college campus'

    I just found this website. it's quite interestings... www.concealedcampus.org

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  3. #2
    Member Array Sand86's Avatar
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    I am pretty sure that you are correct. It is a state issue. I have never seen a federal law prohibiting firearms on college campuses. There are state laws against it in many states. Most universities also have their own rules about the matter.

    I think I remember in NC it is a felony for a student to be on a college campus with a firearm, but a misdemeanor for a non-student. I remember reading the law, but it was a while ago so I could be mistaken.

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    Hard to prove a neg -- esp. to a boss!! Ask him/her for a reference.

    But as far as I have read there are no federal laws against college carry -- yet.

    Re: Alabama state carry laws -- check sub forum Handgunlaw.us

    dave

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    there are no federal laws on CC at a college. Some states have laws against it, but I CC at school in Utah
    That may change in the Obamanation
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    Senior Member Array KenInColo's Avatar
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    Quote Originally Posted by sigmanluke View Post
    there are no federal laws on CC at a college. Some states have laws against it, but I CC at school in Utah
    That may change in the Obamanation
    Utah is the best. They have a law prohibiting colleges from prohibiting concealed carry by licensed individuals.
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    An unarmed populace are called subjects.

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    Distinguished Member Array SubNine's Avatar
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    Usually concealed carry laws are left up to the individual states with the exception of Federal property like post offices and other buildings ran by the government.
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    Senior Member Array BamaSteve's Avatar
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    From what I understand, there is not a state law saying that it is prohibited, however the state has not preempted it, which to my understanding means it is left up to the college to decide. since I'm here in Tuscaloosa, this applies to me...and it is prohibited here at the University.
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    Member Array C Paul Lincoln's Avatar
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    There are no federal laws that prohibit CC on college campuses, just as there are no federal laws that prohibit CC on K-12 campuses. (Surprise!)

    It is a common misconception that federal law prohibits all guns on school grounds. That is simply not true -- the Gun Free School Zones Act has a provision that allows carry at school if the person has a state-issued CWP that required a background check. Remember the school district in Texas that armed some of their teachers? Couldn't do that if it violated federal law.

    Likewise, Utah allows CC on university campuses. Couldn't do that if it violated federal law, either.

    The boss is wrong. Sounds like he shares certain characteristics with my boss!

    C Paul Lincoln

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    Senior Member Array f8lranger4x4's Avatar
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    Maby state law but no federal. what he is probly refering to is the campus safty act for schools. This law only applies to k-12

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    Quote Originally Posted by C Paul Lincoln View Post
    That is simply not true -- the Gun Free School Zones Act has a provision that allows carry at school if the person has a state-issued CWP that required a background check.
    A little caution may be in order here.

    B) Subparagraph (A) shall not apply to the possession of a firearm--

    `(i) on private property not part of school grounds;

    `(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtain such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license....
    Note that it is not "a State-issued CWP" that required a background. It is "the State-issued CWP."

    I know of no test cases.

    I suspect that it could be argued in signing a reciprocity agreement, or otherwise recognizing another States CWP/CHP/etc, the State in which the school zone is located has licensed out-of State CWP/CHP/etc en mass and that individual out-of State re-licensing is not required.

    But remember who is now in-charge of US Justice.

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    C Paul Lincoln and DaveH have it right.

    If you are driving across the country on a trip and you drive past a school along the way while out of your state, you are in violation of the national law.

    Better obey those traffic laws so you don't get stopped....
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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    Quote Originally Posted by BamaSteve View Post
    From what I understand, there is not a state law saying that it is prohibited, however the state has not preempted it, which to my understanding means it is left up to the college to decide. since I'm here in Tuscaloosa, this applies to me...and it is prohibited here at the University.
    Unless the state law says that the individual colleges have the decision of whether it is *legal* or not, then all they have is the right to make it *unallowed*, ie it is against school policy. They cant do anything but kick you out of school though, they have no grounds for legal charges.

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    Senior Member Array elkhunter's Avatar
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    CO permits & restrictions

    In my initial research, Colorado prohibits Concealed weapons on Public Elementary, Middle, or High Schools.
    Colleges, Universities, and Private schools are Ok.

    Now I have heard that they are trying to prohibit CCW on some, if not all Public Universities, but I am still looking for those laws.

    As for those who are traveling, see below:

    18-12-105.5 Unlawfully Carrying A Concealed Weapon - Unlawful Possession Of Weapons - School,College, Or University Grounds

    1. A person commits a class 2 misdemeanor if such person knowingly and unlawfully and without legal authority carries, brings, or has in such personís possession a deadly weapon as defined in section 18-1-901(3)(e) in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, or high school or any public or private college, university, or seminary, except for ..........


    3. It shall not be an offense under this section if.
    a) The weapon is unloaded and remains inside a motor vehicle while upon the real estate of any public or private college, university, or seminary; or
    b) The person is in that personís own dwelling or place of business or on property owned or under that personís control at the time of the act of carrying; or
    c) The person is in a private automobile or other private means of conveyance and is carrying a weapon for lawful protection of that personís or anotherís person or property while traveling; or
    d) The person, at the time to carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1 as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of
    Section 18-12-214 (3); or
    (d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a
    temporary emergency permit issued pursuant to Part 2 of this article; except that it shall be an offense under this
    section if the person was carrying a concealed handgun in violation of the provisions of Section 18-12-214 (3);
    or.......

    18-12-214 Authority granted by permit - carry restrictions.

    (3) A permit issued pursuant to this part does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:
    (a) A permittee may have a handgun on the real property of the public school so long as the handgun
    remains in his or her vehicle and, if the permittee is not in the vehicle, the handgun is in a
    compartment within the vehicle and the vehicle is locked.
    (b) A permittee who is employed or retained by contract by a school district as a school security
    officer may carry a concealed handgun onto the real property, or into any improvement erected
    thereon, of a public elementary, middle, junior high, or high school while permittee is on duty.
    (c) A permittee may carry a concealed handgun on undeveloped real property owned by a school
    district that is used for hunting or other shooting sports.


    There was a question in another thread asking if Fed law stating no guns in schools trumped State laws.
    I Home school my kids.
    I prefer at this time to follow Colorado law, thank you very much.

    As to the OP, State laws do vary, but in some states, yes you may carry, but that does not say that the school cannot prohibit.
    -This is only my opinion.-
    Itís so much easier now days, to "Love and honor" my wife, when she is armed, and shoots a better group than I do. (Till death do us part, eh?)

    ďThe way you get shot by a concealed weapons permit holder is, you point a gun at him,Ē the Sheriff said.

  15. #14
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    (25) The term "school zone" means -

    (A) in, or on the grounds of, a public, parochial or private school; or

    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    (26) The term "school" means a school which provides elementary or secondary education, as determined under State law.
    U.S. Code 18 U.S.C. ß 921

    If a state defines colleges and universities as "secondary schools", then carrying any gun within one thousand feet of the outer boundaries of the property upon which the school is located is a federal felony punishable by five years in a federal penitentiary. There is the exception noted earlier, which creates the affirmative defense that one is licensed by the state and acting within the scope of the license. That exception doesn't mean you won't be arrested and tried, it means you've got a good defense, and with a good lawyer, ought to be found not guilty at trial.
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    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

  16. #15
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    I'm not aware that any state defines colleges and universities as "secondary schools," but I suppose it is possible....
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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