Weapons

Applicability

This Policy applies to all Colby Community College (CCC or “College”) students, employees and visitors:

  1. On the CCC main campus, Affiliate campus, and within locations owned or leased by CCC that are not part of the CCC main or Affiliate campuses (collectively, “Campus”), or;
  2. When attending/participating in or performing College duties at any off-Campus College sponsored or supervised classes, practices, activities or other programs (collectively, “Off-Campus Activity”).

Weapons Statement

In order to promote a safe and secure community college and learning environment, CCC prohibits the possession or use of Weapons1 on Campus and at Off-Campus Activities, other than as set forth below.

In accordance with the Kansas Personal and Family Protection Act, K.S.A. 75-7c01 et seq., as amended (the "Act") and other applicable federal/state laws, it is permissible and will not be a violation of this Policy for the:

  1. Carrying of a concealed Handgun2 on Campus by legally qualified individuals, pursuant to Kansas law, and also in accordance with the Concealed Carry Restrictions set forth below;
  2. Lawful carrying of a concealed Handgun by an employee performing College duties at an off- Campus Activity, when in accordance with applicable laws/policies for such location;
  3. Lawful possession of a Handgun within a personal/non-College vehicle;
  4. Lawful possession of Weapons by Colby or Affiliate Police Departments or other law enforcement officers while acting within the scope of their employment, by authorized armored car personnel, or by others authorized in writing by the CCC President, Vice President of Student Affairs or designee, or as necessary for the conduct of College approved programs.

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 CCC sponsored or supervised activities, except that, as required by law, Colby Community College does not prohibit employees, who are legally qualified, from carrying a concealed handgun while engaged in the duties of their employment outside of CCC’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 or practices with the advance written approval of CCC President, Vice President of Student Affairs or designee, while acting within the scope of their employment.

It shall be a violation of Board and CCC policy to openly display any lawfully possessed concealed carry handgun while on campus, except as provided herein.


Concealed Carry Restrictions

Concealed Carry
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 this Policy. Individuals who carry a Handgun on Campus must carry it concealed on or about their person at all times. “Concealed” means completely hidden from view and does not reveal the Handgun 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/control of the individual. It shall be a violation of this Policy to openly display any lawfully possessed Handgun while on Campus.

Restrictions Pursuant to Kansas Law
Kansas law states that the only type of firearm that an individual can carry while concealed is a Handgun as defined above. The following restrictions applicable to all firearms specifically apply to the concealed carrying of a Handgun under Kansas law and this Policy, and the violation of any of the following restrictions is a crime under Kansas law and a violation of this Policy.

Prohibitions Based on State Law

Beginning July 1, 2017, any individual who is 21 years of age or older, and beginning July 1, 2021, any licensed individual who is 18-21 years of age, and who is lawfully eligible to carry a concealed handgun in Kansas shall not be precluded from doing so on campus except in College 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 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],
    • who is both addicted to and an unlawful user of a controlled substance [K.S.A. 21- 6301(a)(10)],
    • who is or has been a mentally ill person subject to involuntary commitment [K.S.A. 21- 6301(a)(13)],
    • with an alcohol or substance abuse problem subject to involuntary commitment [K.S.A. 21- 6301(a)(13)],
    • 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].

Location Restrictions
Certain Campus buildings and/or Public Areas3 within Campus buildings can be permanently or temporarily designated to prohibit concealed Handguns. There are no Campus buildings or Public Areas that have been permanently designated to prohibit concealed handguns with Adequate Security Measures (ASMs) in place. However, the CCC Security Officer may temporarily designate a specific location as prohibiting concealed Handguns and use temporary ASMs as defined and required by law. Appropriate notice will be given whenever this temporary designation is made.

Campus locations leased by CCC or used for Off-Campus Activity, and owned by an entity that may lawfully exclude or permit firearms at 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 CCC. If handguns are excluded at such locations and would otherwise be permitted by this Policy, individuals are expected to comply with the rules imposed by the location.

Safety Requirements
To reduce the risk of accidental discharge on Campus, when carrying a concealed Handgun on Campus (whether on the person or in a carrier), the concealed Handgun is to be secured in a holster that completely covers the trigger and the entire trigger guard area and that secures an external hammer in an un-cocked position through the use of a strap or by other means. The holster is to 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 are to be carried with the safety in the “on” position. Semiautomatic Handguns are to be carried without a chambered round of ammunition and revolvers with the hammer resting on an empty cylinder.]

Storage 
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, Board policy and College 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 stored in any secure storage location provided by the College specifically for that purpose, 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. Except in those instances where necessary for self-defense or transferring to safe storage and except as otherwise provided in this Policy, it shall be a violation of Board of Trustees and College policy to openly display any lawfully possessed concealed carry handgun while on campus.

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 a licensed individual who is 18-21 years of age or any individual who is 21 years of age or older, 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 (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. 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.

Colby Community College 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.

Training
Training on the proper handling of a concealed Handgun is encouraged. All CCC employees are eligible for CCC continuing education training reimbursement to supplement training for local, noncredit workshops, which could include a gun safety course. Additionally, CCC may periodically offer on-campus presentations to students/employees related to safe handgun practices.

Even the lawful carrying of a concealed Handgun has its own risks. Any report of Weapons on a CCC Campus will be addressed by local police departments in coordination with the CCC Security Officer. The lawful carrying of a concealed Handgun should not create concerns on Campus; however, anything other than the lawful carrying of a concealed Handgun has the potential to create confusion and additional risk during police responses.

ENFORCEMENT

Any individual violating this Policy 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 the CCC Vice President of Student Affairs.

Reporting

  1. Suspected violations of this Policy should be reported to Vice President of Student Affairs, Security Officer, or local authorities:
    Call (785) 465-0039  or (785) 460-5490
    Walk-in: Security Officer, Student Union (Colby campus only); Vice President of Student Affairs office, Student Union (Colby campus only)
  2. Emergency reports concerning threats or violence on campus:
    Call the Colby City Police Department, (785) 460-4460  or the  Colby Community College Security Officer at (785) 460-5508.

 

Immediate Assistance: Dial 911
[Revised June 2017; June 2022]

  1. “Weapon” means a weapon described in K.S.A. 21-6301, as further defined under K.S.A. 75-7c20; however, for purposes of this Policy includes knives more than 4 inches in length.
  2. “Handgun” is defined as a “firearm”, pursuant to K.S.A. 75-7c02, with cross-reference to K.S.A. 75-7b01. Specifically, under K.S.A. 75-7b01, it is: (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. “Public Areas” is defined at K.S.A. 75-7c2