Concealed Carry Legality in College


October 18, 2006, 02:51 AM
Greetings all, I am new to this website and this is my first post.

About two years ago a newspaper story detailing local attempts to increase "gun control" and crack down on handguns prompted me to get a permit through my home, Ontario County, NY. This is a permit to operate as well as carry concealed my Beretta 96 .40 cal handgun, which I received.

However, I am concerned with the legality of carrying concealed on a college campus. I am a graduate student working on my Masters in Special Education and my college is very close to a "high crime area" where 75% of Buffalo's armed robberies/assaults/shootings occur. I take night courses here and (especially in winter) very often leave when it is dark outside, walk to my car a distance, etc.

A high school/middle school is, as far as I am aware, considered Federal property and thus it is illegal to carry concealed even if one posessed a valid permit. The same rule applies to airports, courthouses, and the like. However, my college is a private college and not a state university so it cannot be considered Federal property. On the other hand, it is a school and I know that many (liberal) people consider carrying any weapon (knife, club, whatever) on any school at any level to be nothing short of blasphemy.

I wish to respect the law, but I also wish to protect myself or my friends and if anyone can advise me on the legality of this situation I would appreciate it.

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Optical Serenity
October 18, 2006, 04:29 AM
Depends on the school as to who owns it. The majority of elementary, middle, and high schools are county property or city property, while universities are either state or private. That being said, every state that I know of has laws that say educational institutions are off limits to citizens to carry in.

Here in GA, you cannot legally carry on a college campus unless you are law enforcement.

October 18, 2006, 04:38 AM will have answers.

Also check with your school. If it is legal and you carry you are in the clear legally. However they can throw you out of school and that may not make the risk worth it. They can only due this if your caught though.

Here is where lists as places you cannot carry...

Date updated: Aug 5, 2005 @ 10:59 pm

Licenses issued outside the City Of New York are not valid within the city unless:

You are “passing through” (i.e. Long Island to Westchester) with your handgun locked up (unloaded in a locked container – no miscellaneous stops) (See NY Penal Law §400.00 [6][b])
You purchase a handgun in NYC and are leaving the city (once again, the gun must be unloaded in a locked container) (See NY Penal Law §400.00 [6][a])
You have a permit from the Commissioner granting your license validity The NYPD used to do this for Target shooters – this process ended in the Summer of 2001. Now you must meet the same “special need” that NYC carry applicants must demonstrate – high risk business with negotiable items (cash, jewelry, etc.) (See NY Penal Law §400.00 [6])
(d) the licensee is a retired police officer as police officer is defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law or a retired federal law enforcement officer, as defined in section 2.15 of the criminal procedure law, who has been issued a license by an authorized licensing officer as defined in subdivision ten of section 265.00 of this chapter; provided, further, however, that if such license was not issued in the city of New York it must be marked "Retired Police Officer" or "Retired Federal Law Enforcement Officer", as the case may be, and, in the case of a retired officer the license shall be deemed to permit only police or federal law enforcement regulations weapons. (See NY Penal Law §400.00 [6][d])
firearms covered by such license are carried by armored car security guards transporting money or other valuables, in, to, or from motor vehicles commonly known as armored cars, during the course of their employment(See NY Penal Law §400.00 [6][c])
You are a NYS Tax Department Peace Officer, your pistol license is marked indicating such, and you are carrying the weapon issued by the NYS Department of Taxation and Finance (See NY Penal Law §400.00 [6][e])
NY state permits issued outside NYC are only valid for retired POLICE officers as specified in Section 1.20 (33) and (34) of the NYS Criminal Procedure Law. Only those retired federal law enforcement officers from the agencies designated in the CPL would qualify for this exemption.
Firearms (other than carried by peace officers and federal officers) are NOT permitted in courthouses under the rules of the NYS Office of Court Administration, which have the force and effect of law. Federal law bans firearms in federal courthouses and US attorney offices, except for law enforcement personnel on official business.
Certain cities and all counties may, under home rule options, ban firearms from their governmental buildings.
Educational facilities, but you can be exempted if you have the permission of the administrator. Carrying on school grounds is Criminal Possession of a Weapon in the fourth degree, a Class A misdemeanor. (See Penal Law §265.01[3])

It looks like you maybe able to CCW in a college. It depends on if an Educational facility applies to colleges or just elementary and high schools. It probably includes colleges but I would suggest looking into it more.

October 18, 2006, 08:23 AM
Don’t forget, even if it is legal to carry at a college, you, as a student, may be violating some college policy that applies to students that may get you expelled.

We have this in VA. If you have a concealed handgun permit, it is legal under most circumstances to carry on state university grounds, but the school will discipline students and employees for doing so.

Like all rules, weigh the risks and make your decision.

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