Policy 110.00 Concealed Carry Policy

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Policy 110.00 Concealed Carry Policy

Introduction

Northwest Kansas Technical College prohibits the possession and use of firearms, explosives, and other weapons on college property, with certain limited exceptions, as provided below. This policy is in accordance with the Kansas Board of Regents (“Board”) Policy and state law, K.S.A 75-7c01, et seq.

Definitions

For purposes of this policy:

A. The term “weapons” includes:

  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’O2 gun, stun gun 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;
  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 nun chucks or throwing stars;
  10. Any longbow, crossbow and arrows or other projectile that could cause serious harm to any person;
  11. No student shall possess, handle, use, or threaten to use any object that can reasonably be considered a weapon, explosive, destructive device, or hazardous substance on College owned or operated property, and any College activity, function or event. This policy includes any item being used as a weapon or destructive device or any facsimile of a weapon.
  12. Any explosive or destructive device, including but not limited to dynamite, nitroglycerin or any other combustible, blasting caps, fireworks, firebombs, grenades, plastic charges or devices intended for detonation purposes, and/or any other similar devices or compounds used for detonation or blasting.
  13. Any other dangerous or deadly weapon or instrument of like character.

B. The term “handgun” means:

  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.
  3.  The term “firearm” includes any handgun, rifle, shotgun, and any other weapon which will or is designed to expel a projectile by the action of an explosive.
  4.  The term “adequate security measures” shall have the same meaning as the term is defined in K.S.A. 75-7c20, and “building” shall have the same meaning as the term “state building” is defined in K.S.A. 75-7c20.
  5. The term “campus” means any building or grounds owned by the college or the Board and any building or grounds leased by the college or the Board for college use.

Policy

General Rules on Open Carry and Concealed Carry on Campus

Open carry of firearms and possession of weapons other than concealed handguns shall be prohibited on campus, while concealed carry of handguns is permitted on campus, subject to the rules stated in this policy. All weapons are prohibited at all off-campus College sponsored or supervised activities, except that, as required by law, the College does not prohibit employees, who are legally qualified, from carrying a concealed handgun while engaged in the duties of their employment outside of Northwest Tech’s place of business, including while in a means of conveyance.

Nothing in this policy shall be read to prohibit possession of weapons on campus as necessary for the conduct of Board-approved academic programs or College-approved activities without the advance written approval of the college president or his/her designee.

Except in those instances where necessary for self-defense or transferring to safe storage and except as otherwise provided in the preceding paragraph, it shall be a violation of Board and College policy to openly display any lawfully possessed concealed carry handgun while on campus.

There are no College locations that have been designated as prohibiting concealed carry with permanent adequate security measures. The College may from time to time designate a specific location as temporarily prohibiting concealed carry and use temporary adequate security measures as defined and required by law. Appropriate notice will be given whenever this temporary designation is made.

In addition, areas of buildings that have no public access entrances and are limited to restricted access entrances only may be off-limits to concealed carry, as determined by the College. ‘‘Restricted access entrance’’ means an entrance that is restricted to the public and requires a key, keycard, code, or similar device to allow entry to authorized personnel. “Authorized personnel” means employees of a state agency or municipality and any person granted authorization pursuant to K.S.A. 75-7c20(d)(2), who are authorized to enter a state or municipal building through a restricted access entrance.

Prohibitions Based on State Law

Beginning July 1, 2017, any individual who is 21 years of age or older and who is lawfully eligible to carry a concealed handgun in Kansas shall not be precluded from doing so on campus except in buildings and areas of buildings for which adequate security measures are provided, and except as otherwise prohibited by law.

Regardless whether the individual is otherwise lawfully eligible to carry a concealed handgun, the following restrictions apply to the carrying of a firearm by Kansas law, and the violation of any of the following restrictions is a crime under Kansas law and a violation of this policy:

  • An individual in possession of a concealed firearm 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 unable to safely operate the firearm [K.S.A. 21-6332];
  • 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)];
  • 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 firearm [K.S.A. 21-6301(a)(4)]; and,
  • Firearms 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].

It shall also be a violation of this policy to otherwise possess, store, transport, trade, sell, or in any other way use a firearm in violation of any applicable law.

Carrying and Storing Handguns

Each individual who lawfully possesses a handgun on campus shall be wholly and solely responsible for carrying, storing and using that handgun in a safe manner and in accordance with the law and Board policy. Nothing in this policy shall be interpreted to require individuals who lawfully possess a handgun to use it in defense of others.

Beginning July 1, 2017, each individual who lawfully possesses a concealed handgun on campus shall at all times have that handgun in their custody and control, and shall either:

  1. Carry it concealed on or about their person in a manner that complies with this policy, or;
  2. Keep it securely stored at their residence or in their privately owned or leased vehicle.

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. “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.

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 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. Semiautomatic handguns must be carried without a chambered round of ammunition. Revolvers must be carried with the hammer resting on an empty chamber.

Handguns shall not be stored:

  1. in any College classroom, lab, office, or facility;
  2. in an on-campus residential unit, 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 an approved storage device;
  3. in any non-privately owned or leased motor vehicle; or,
  4. in any other location and under any circumstances except as specifically permitted by this policy and by state and federal law.

Handguns may be stored:

  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. Handgun storage by any other means than specifically permitted in this policy is prohibited.

For any on-campus residential unit that does not have adequate security measures, each resident who lawfully possesses a handgun on campus and elects to store the handgun they possess in the room to which they are assigned when not carrying it on their person in a concealed fashion shall secure the handgun in a secure storage device that conceals the gun from view. Such storage devices shall be provided by the individual who possesses the handgun and must meet minimum industry standards for safe-keeping of handguns.

Northwest Tech 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 has each of these characteristics:

  1. it is of sufficient size to fully enclose the handgun while secured in an approved holster;
  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 an approved storage device.

Additional Safety Measures

Northwest Tech and its employees, staff, administration and trustees who do not provide adequate security measures in College buildings and by this Policy allows the carrying of a concealed handgun as authorized by the Personal and Family Protection Act (K.S.A. 75-7c01 et seq.) shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns (K.S.A. 75-7c20(f)).

Nothing in this Policy shall be interpreted to require individuals who lawfully possess a handgun to use it in defense of others.

No person shall use the fact or possibility that he or she is carrying a concealed weapon with the intent to intimidate another person except in defense of self or others.

Reporting and Temporary Actions

All reports of suspected violation of the concealed carry policy are made to the Dean of Student Services, or the College President or his/her designee.

Northwest Tech will conduct an initial investigation to determine whether the report describes a criminal matter and/or a policy violation.

An employee who witnesses the unlawful handling of a handgun shall report the incident to the Dean of Student Services, or the College President or his/her designee.

Upon receipt of a report, Northwest Tech will conduct an initial investigation to determine whether the report describes a criminal matter and/or a policy violation. Any report of weapons on the Northwest Tech campus will be investigated.

Employees who fail to report complaints or incidents regarding unlawful handling of a handgun to appropriate college officials may face disciplinary action. College administrators who fail to investigate and take appropriate corrective action in response to complaints of unlawful handling of a handgun may also face disciplinary action.

When a complaint contains evidence of criminal activity, the College President or his/her designee shall report such conduct to law enforcement.

To the extent possible, confidentiality will be maintained throughout the investigation of a complaint. The desire for confidentiality must be balanced with the college’s obligation to conduct a thorough investigation, to take appropriate corrective action, or to provide due process to the accused.

The filing of a complaint or otherwise reporting unlawful handling of a handgun shall not reflect upon the student’s status or grades. Likewise, initiation of a complaint of unlawful handling of a handgun in good faith will not adversely affect the job security or status of an employee, nor will it affect his or her compensation. Any act of retaliation against any person who has filed a complaint or testified, assisted, or participated in an investigation of unlawful handling of a handgun is prohibited. Any person who retaliates is subject to immediate disciplinary action, up to and including expulsion for a student or termination of employment for an employee.

Sanctions

Any individual violating this Policy or accidentally or irresponsibly discharging a weapon will be subject to appropriate disciplinary action, including but not limited to suspension/expulsion, termination of employment, immediate removal/trespass from the premises and/or arrest. Enforcement of this Policy will be administered by Northwest Tech Administration or the appropriate law enforcement agency and shall form a Student Code of Conduct violation. Those residing on campus shall honor these Policy provisions plus any and all conditions of housing written agreement. Likewise, 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 individual who violates state or federal law may be detained, arrested or otherwise subjected to lawful processes appropriate to the circumstances.

  1. Students

Students in violation of this policy are subject to suspension or expulsion from the college with loss of all credit for the current semester and no refund of tuition or fees for the semester, as well as prohibition from future enrollment or participation in College or College-sponsored activities. The suspension or expulsion may be appealed under the Northwest Complaint and Grievance Policy. The President may recommend the suspension or expulsion be modified on a case-by-case basis. Students violating this policy will be referred to the appropriate law enforcement agency or agencies and if a juvenile to SRS. Those residing on campus shall honor the provisions of this policy plus all conditions of the housing agreement.

  1. Employees

Prior to applying sanctions under this policy, employees will be afforded all rights of due process to which they are entitled under their contracts or in the provisions of the laws of the State of Kansas. Nothing in this policy is intended to diminish the rights of Northwest Tech to take any other disciplinary action as deemed necessary.

Policy Approval Date: May 12, 2017
Publication Date: May 17, 2017