Weapons Policy

Concealed Carry Legislation and Butler Community College Weapons Policy 7/1/2017

This document of Frequently Asked Questions has been compiled in response to various questions posed at a number of meetings of faculty, staff, students, administration, and Board of Trustees.

1. Why has Butler developed a weapons policy?
   
   The past 4 years, Butler has had an exemption in place which prohibited the carrying of handguns in our facilities and on our campuses but that exemption expires June 30, 2017. Provisions of the Kansas Personal and Family Protection Act will become effective July 1, 2017 which will allow the carrying of concealed handguns in our College facilities and on our campuses. The Butler Weapons policy has been developed through the help of College legal counsel and multiple conversations with employees, students, and Board members. The policy was approved by the Butler Board of Trustees on April 11, 2017 and was in effect beginning July 1, 2017.
    
2. Where can I find the current concealed carry legislation?
   
   The Personal and Family Protection Act is found under K.S.A. 75-7c01 et.seq. The statute that authorizes concealed carry in state and municipal buildings, including community college buildings is under K.S.A. 2015 Supp. 75-7c20.
    
3. Who will be able to conceal carry?
   
   Beginning July 1, 2017 and in accordance with the Personal and Family Protection Act, any individual who is twenty-one (21) years of age or older and who is not prohibited or disqualified by law will be allowed to conceal carry. (Noted restrictions are listed below in #14)
    
4. What weapons are authorized under the concealed carry law?
   
   Only handguns are authorized by the Personal and Family Protection Act. A handgun is defined for purposes of the Act as either (1) a pistol or revolver designed to be fired by the use of a single hand and 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.
    
5. Where will I be able to conceal carry? Will concealed carry be prohibited at any Butler locations?
   
   Individuals will be able to carry anywhere on a Butler campus with a few exceptions. Concealed carry will be specifically and expressly exempt from the following sites: Andover High School, Rose Hill High School, Marion High School, and Council Grove site as it is adjacent to the high school. Educare and the fenced in playground area surrounding the Educare building on the El Dorado campus will be exempt as well. Guns are prohibited on McConnell Air Force Base in Wichita. All guns will be prohibited at the Butler Service Center (2626 S Rock Road, Wichita) as it is privately owned property.
   
   In addition, if Butler utilizes temporary Adequate Security Measures (ASMs), concealed carry will be prohibited for a period of time. If temporary ASMs are in place, signs will clearly identify were concealed carry is prohibited.
    
6. What are “Adequate Security Measures”?
   
   As defined by current Kansas statute, “Adequate Security Measures” means “the use of electronic equipment and armed personnel at public entrances to detect and restrict the carrying of any weapons into the state or municipal building, or any public area thereof, including but not limited to, metal detectors, metal detector wands or any other equipment used for similar purposes to ensure that weapons are not permitted to be carried into such building or public area by members of the public.”
    
7. Will Butler use “Adequate Security Measures”?
   
   Under the policy and by statute, the College could temporarily designate a specific location as prohibiting concealed handguns and use temporary ASMs which would be in place only for the length of an event. Appropriate notice would be given if this temporary designation is made. The potential use of ASMs would be considered on a case by case basis.
    
8. Will open carry be allowed at Butler?
   
   No, open carry will be prohibited on all campuses except by certified law enforcement officers including Butler Public Safety Officers and officers of other agencies as defined by K.S.A. 75-7c22.
    
9. If I choose to carry, how must that be done?
   
   Individuals who carry a handgun on campus must carry it concealed on or about their person at all times
    
10. What is the definition of “concealed”?
    
    “Concealed” means completely hidden from view and does not reveal a handgun in any way, shape, or form.
     
11. When the policy states that a concealed handgun must be carried concealed on or about their person at all times, what does “about their person at all times mean?”
    
    “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/control of the individual. Having a concealed carry handgun in a backpack or purse at the lawful possessor’s feet would be considered as in that person’s custody and control however, leaving the handgun in a backpack or purse on the other side of the room from the lawful possessor or out of the person’s reach would not.
     
12. If I wish to carry my handgun concealed in my backpack, will I be able to carry it with me in that way to all by Butler classes?
    
    In those instances where class or lab safety or educational rules dictate that backpacks have to be left unattended (i.e. for safety reasons, a lab may require backpacks be left at the back of the room; dance class where backpacks can’t be within reach while practicing; testing center requirements) an individual who wants to carry a concealed carry handgun must have it on their person that day, instead of in their bag, before they get to class. Individuals having to transfer a concealed carry handgun from a backpack or purse to their person would be in violation of the Weapons Policy. If the concealed carry handgun is on their person, they must adhere to the requirement of “concealed” meaning it must be completely hidden from view and that the handgun is not revealed in any way, shape, or form.
     
13. Are there other guidelines in policy related to how the concealed handgun must be carried?
    
    It shall be a violation of this Policy to openly display any possessed Handgun while on Campus. Handguns with an external safety must be carried with safety in “on’ position.
14. Are there any legal restrictions by federal or state law that restrict a person from carrying a concealed weapon on Butler’s campuses?
    
    The following state and federal laws apply to possession and use of firearms, including the carrying of concealed handguns:
     
    • 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 carried by an individual who is an unlawful user of and addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802) (K.S.A. 21-6301(a)(10));
       
    • A firearm cannot be carried by an individual who is are has been a mentally ill person subject or has been subjected 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(a)) or convicted in any court of a crime punishable by imprisonment for a term exceeding one year (18 U.S.C. 922(g)(1)) (parole and conditions of probation apply);
       
    • Automatic firearms and sawed off shotguns cannot be carried (K.S.A. 21-6301(a)(5));
       
    • A cartridge which can be fired by a handgun and which has as 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));
       
    • 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. 21-6308a and K.S.A. 21-6308(a)(1)(A));
       
    • A firearm cannot be carried by a person who is a fugitive from justice (18 U.S.C. § 922(g)(2));
       
    • A firearm cannot be carried by an individual who is an illegal alien (18 U.S.C. § 922(g)(5)(A));
       
    • A firearm cannot be carried by an individual who has been discharged from the Armed Forces under dishonorable conditions (18 U.S.C. § 922(g)(6));
       
    • A firearm cannot be carried by an individual who has renounced his or her United States citizenship (18 U.S.C. § 922(g)(7));
       
    • A firearm cannot be carried by an individual who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner (18 U.S.C. § 922(g)(8)); and
       
    • A firearm cannot be carried by an individual who has been convicted of a misdemeanor crime of domestic violence (18 U.S.C. § 922(g)(9)).
       

15. If I carry a concealed handgun and adhere to the state law and Butler weapons policy, will I be in violation of the law or policy if someone feels threatened or scared in knowing that I choose to carry?

No, by state law beginning July 1, 2017, if you are 21 years of age or older, you will have the right to conceal carry.

16. Am I in violation of the policy if someone sees my handgun? What responsibility do I have to keep my handgun absolutely concealed?

Choosing to lawfully carry a concealed handgun on Butler campuses and under the Weapons Policy requires your responsibility to keep your handgun completed concealed at all times. Taking a handgun out of concealment or otherwise displaying/brandishing it would be a violation of the Weapons Policy. Partially or wholly visible handguns, even due to an inadvertent brief display (for example, if someone’s coat opens when they raise their arm and a gun is visible for a brief moment), do not meet the requirements of concealed carry and at a minimum would be a violation of the Weapons Policy and should be reported. They will be addressed on a case by case basis

17. What do I do if I see a handgun on or about a person or in a vehicle on campus?

Suspected violations of this Policy or emergencies should be reported to Butler Public Safety by: Calling 911 (these calls will dispatch directly to Butler Public Safety) Alternatively, you can text or “walk-in” Text via: El Dorado 316-321-7657 Andover 316-253-1076 Walk-in: El Dorado Public Safety Office – West Hall Andover Public Safety Office – 5000 Building

18. Will Butler Community College provide storage on campus for those who wish to carry?

Handgun storage will not be provided by Butler Community College.

19. How will I be able to store my handgun if I am not carrying it on my person or in a backpack or purse?

Individuals may store a Handgun in the individual’s 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; Handgun storage by any other means is prohibited, except in locked secure box in resident’s dorm room. Specifically, it is prohibited for any individual to store a Handgun: i) in a vehicle that is unlocked or when the Handgun is visible from outside the vehicle, ii) in an individual’s office, unless in locked secure box, iii) in an unattended backpack/carrier, iv) in any type of locker or v) in any other location and under any circumstances except as specifically permitted by this Policy and by state and federal law.

20. Will I be able to bring my handgun to campus in my car?

As long as you follow the guidelines above requiring your handgun be hidden from view and the vehicle is locked you’ll be able to bring your handgun to campus in your car.

21. Can I conceal carry off-campus at Butler events, fieldtrips, etc?

Campus locations leased by Butler Community College or used for off-campus activities and owned by an entity that may lawfully exclude or permit firearms on their premises (concealed or otherwise) may choose at their sole discretion to exclude or permit handguns from their premises, notwithstanding a lease or use arrangement with Butler. If handguns are excluded at such locations and would otherwise be permitted by the Weapons Policy, individuals are expected to comply with the rules imposed by the location.

22. If I choose to conceal carry, will I be required to disclose that fact or register my handgun with Butler Public Safety or any other College administrative office?

You will not be required to disclose that you are carrying a concealed handgun, however, Butler Public Safety will provide an opportunity for individuals to voluntarily register their handguns so in the event the weapon is lost or stolen, the serial numbers are in a national database to assist in recovery.

23. Will Butler provide training and certification opportunities for safe gun handling?

Butler will not be providing training and certification opportunities for safe gun handling. Butler will continue to provide ALICE training on campus which is focused on proactive strategies that increase chances of survival during an active shooter/killer event.

24. Beginning July 1, 2017, will Butler instructors be able to set rules against to concealed carry in their classrooms, labs, or offices?

When the Personal and Family Protection Act goes into effect on July 2, 2017 and with the Board of Trustees approval of the Weapons Policy, individuals will be able to conceal carry anywhere on Butler’s campuses except in the locations designated above in # 5 and where temporary Adequate Security Measures (ASMs) are in place. Based on existing state statute, an instructor will not be able to prohibit concealed carry in the instructor’s classroom, lab, or office.

25. If an individual discloses they are carrying a concealed weapon, will they be in violation of the policy?

They will not be in violation of the policy as long as they do not openly show their handgun.

26. How will violations of the Weapons Policy be addressed?

Butler will use its approved Student Code of Conduct and established Employee and Professional Employee disciplinary guidelines to address Weapons Policy violations. Some circumstances may also involve a separate law enforcement investigation. Any individual violating the Weapons Policy or accidently 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 will be administered by Butler Community College Administration and Butler Public Safety.

27. What if an accidental discharge happens on campus?

All reported incidents involving weapons or violations of the Weapons Policy will be investigated on a case-by-case basis.

28. What are the legal implications if an individual who is carrying a gun discharges and harms another individual?

The decision to carry a concealed handgun is a personal choice. Along with that choice comes a responsibility. Individuals are strongly encouraged to complete appropriate gun safety training for a better understanding of the legalities of carrying a concealed handgun.

29. Will there be a way for me to be matched with a residence hall roommate that has similar beliefs related to concealed carry?

Residence Hall statistics typically show a very limited number of students who will be living on campus who are 21 years of age or older which would allow them to carry a concealed handgun. While Butler’s housing applications can’t specifically ask whether a student intends to carry a concealed handgun on campus, roommates could be appropriately matched by informing students that if they do not want to live with a concealed handgun holder, they can contact the Director of Residence Life and a room assignment change will be accommodated.

30. Where is the information being made available related to the Butler Weapons policy?
Information related to the Butler Weapons Policy will be available in the Student Handbook, Employee Handbook, and on the College website. Information will also be available as requested through student organization and activity meetings as well as college-wide meetings of employees.