Concealed Firearms on Campus
Georgia House Bill 280, as known as “Campus Carry,” became effective July 1, 2017, and amended O.C.G.A. 16-11-127.1, allowing the concealed carry of firearms within school safety zones, with certain restrictions. We recognize that the Kennesaw State University community has questions and concerns regarding the concealed carry of firearms on the Kennesaw State University campuses. The University System of Georgia has issued general guidance developed by the USG Office of Legal Affairs.
- The full text of H.B. 280
- The full text of USG's Guidance on H.B. 280
- USG has provided additional guidance on H.B. 280
If you have any questions that are not addressed, please contact AskLegal@kennesaw.edu.
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How Does the Recent Constitutional Carry Legislation Impact Existing Laws Governing The Carrying of Weapons on Campus?
Georgia Senate Bill 319, also known as “Constitutional Carry,” became effective on April 12, 2022, and made changes in the law by removing the phrase ‘weapons carry license holder’ and replacing it with ‘lawful weapons carrier.’ This did away with the weapons carry license requirement and now simply requires armed individuals to be lawful weapons carriers.
However, the legislation did not make changes to the types of weapons allowed within a school safety zone. Handguns can legally be carried in a concealed manner by lawful weapons carriers within a school safety zone, with the exception of certain facilities such as athletic venues where intercollegiate sporting events are held; in student housing complexes; in faculty, staff and administrative offices; and in classrooms where dual-enrolled high school students are present.
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What is a 'lawful weapons carrier?'
Although a weapons carry license (WCL) is no longer required in Georgia, to be considered a ‘lawful weapons carrier,’ one must be eligible for a WCL. If a person were not eligible for a WCL, they would not be considered a ‘lawful weapons carrier.’
Senate Bill 319 (S.B. 319) states, in part:
‘Lawful weapons carrier’ means any person who is licensed or eligible for a [weapons carry] license pursuant to Code Section 16-11-129 and who is not otherwise prohibited by law from possessing a weapon or long gun, any resident of any other state who would otherwise be eligible to obtain a license pursuant to such Code section but for the residency requirement, and any person licensed to carry a weapon in any other state.
The full text of Code Section 16-11-129, which lists the circumstances in which a person would not be eligible for a weapons carry license, thus not considered a ‘lawful weapons carrier,’ can be found here.
Under O.C.G.A. 16-11-127.1, Carrying weapons within school safety zones, at school functions, or on school property, knives are still restricted to those with a blade less than two (2) inches in length.
KSU Campus Carry FAQ
The primary source of information related to the new campus carry law is the guidance provided by the University System of Georgia, which can be found at the links listed above. In addition, the following questions and answers relate specifically to KSU or to questions posed by the KSU community that are not directly covered by the USG guidance.
The campus carry law applies equally to all university system institutions. KSU does not have discretion to waive or change any of the requirements in the law. Any questions related to the new campus carry law should be directed to asklegal@kennesaw.edu. Enforcement of the law on campus will be the responsibility of the KSU Police and any suspected violations of the law should be reported there.
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Who can carry a concealed handgun on campus under the new law?
Only weapons carry permit holders may carry handguns on campus, and those handguns may only be carried in a concealed fashion. In order to qualify for a permit, individuals must apply through their local probate court, which among other things will require that they be 21 years of age or older (with some limited exceptions for law enforcement and military personnel who may also apply between the ages of 18 and 21); that they be fingerprinted and go through a criminal and mental health background check; and that they be Georgia residents. Individuals with prior felony convictions are not generally eligible to obtain a weapons carry permit. -
Does the campus carry law apply to the entire KSU campus?
The new law applies generally to all property and facilities owned by or leased to the university. There are exceptions in the new law that exclude permit holders from carrying in certain facilities such as athletic venues where intercollegiate sporting events are held; in student housing complexes; in faculty, staff and administrative offices; and in classrooms where dual-enrolled high school students are present. There are other exceptions as well and the permit holder is responsible for assuring that concealed weapons are only carried in areas or facilities that are not exempt from the new law. -
Is the KSU Center covered by the new law?
Yes, the KSU Center is owned/leased by the university and is covered by the new law. -
Which facilities on campus are used for intercollegiate sporting events, and are thus ALWAYS exempt from the new law?
On the Kennesaw Campus, the Convocation Center, the Bailey Park and Stillwell Stadium, the Fifth/Third Bank Stadium, the Siegel Student Recreation and Activities Center, and both the Owl’s Nest and the Perch/Field No. 3 at the Sports and Recreation Park are all facilities that are used for intercollegiate sporting events and are therefore always exempt from the new law, even when athletic events are not being conducted.
On the Marietta Campus, the Recreation & Wellness Center, the baseball field and the recreation fields all host intercollegiate sporting events and are thus exempt at all times.
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Are campus museums, performing arts centers, theaters, and dining facilities covered by the new law?
Yes, the new law does not exempt such facilities unless another exception to the law applies. If a class is being conducted in one of those facilities and dual-enrolled high school students are enrolled in the class, then the room in which the class is being taught is exempt (but only when the particular class is in session). -
Can the university prohibit weapons carry permit holders from carrying handguns on university-sponsored field trips or similar outings?
No, but the burden will be on the weapons carrier to assure that no part of the itinerary involves stops at locations where handguns are not permitted. Under no circumstances may permitted carriers leave unattended handguns in university owned or hired vehicles used to transport individuals on field trips or similar outings. -
What should I do if I believe someone is illegally carrying a hand gun?
Contact KSU Police either by telephone at (470) 578-6666 or by using the LiveSafe app. -
How can I determine whether high school students are enrolled in a particular class?
The Office of the Registrar will provide information to faculty and students that will allow carry permit holders to check whether high school students are enrolled in a particular class. Please submit a request to: registrar@kennesaw.edu to receive information related to campus carry. Of course, the burden is on the permit holder to check with the Office of the Registrar, particularly during drop/add season, to assure that they have the most up to date information on class composition. -
How is the term “office” defined?
The campus carry law prohibits the carrying of concealed weapons in faculty, staff and administrative offices. The term “office” is not defined in the law, so the plain meaning of the term is used. Offices are generally considered private work spaces with limited or exclusive access. The term does not include typically public areas such as reception areas, hallways and lobbies. The existence of a doorway into a common area does not convert that area into an office; nor does locking a door to an otherwise public common area convert it to a private office space. If you have a question about a particular office or public space, please let us know by contacting asklegal@kennesaw.edu. -
Can faculty members maintain hand guns in their own offices?
No, the law specifically provides that offices and office suites occupied by faculty are among the areas where even licensed holders may not carry handguns. Nor may guns be stored in such offices. -
Can permit holders store guns in lockers or other secure spaces, such as locked file rooms? Will KSU police provide locked storage areas for handguns?
No. The USG guidance specifically provides that institutions will not provide gun storage facilities on campus. Keep in mind that the new law only changes the ability of weapons permit holders to CARRY concealed handguns on campus. The new law and USG guidance does not permit the unattended storage of handguns anywhere, other than in the trunks of personal vehicles. So, permit holders must either have their handguns concealed on their person while in non-exempt areas or they must properly store their handguns in their vehicle or in an off-campus storage facility. -
Can faculty members ask whether students in their class are carrying handguns or request that students not bring guns into their classrooms?
No, the law grants license holders the ability to carry concealed handguns in classrooms (unless high school students are present) and USG guidance provides that faculty members may not ask license holders to reveal that they are carrying concealed handguns or otherwise discourage them from doing what the law permits them to do. -
What language may faculty members include in their syllabi regarding the new law?
The USG guidance specifically provides that faculty may include a link to the USG guidance found at usg.edu/weaponscarry/guidance. -
Can faculty include in their syllabi whether high school students are enrolled in their class?
No. Permit holders (faculty and students) should use the resources provided by the Registrar to determine whether high school students are enrolled in a particular class. This is important because whether high school students are enrolled can change on a daily basis, especially during the drop/add period. The most up-to-date information will be available on the Registrar’s website. -
Can guns be worn in visible holsters so long as the gun is completely covered by the holster?
No, the law only permits “concealed” carry, which means that the casual observer should not be able to tell whether a permit holder is carrying a handgun. -
What should I do if I see someone carrying an unconcealed handgun?
Any suspected violation of the law should be reported to KSU Police. -
Where can I get answers to additional questions about campus carry on KSU campuses?
If you can’t find answers to your questions on the KSU Public Safety Campus Carry website, please direct your questions to asklegal@kennesaw.edu. -
How Does the Recent Constitutional Carry Legislation Impact Existing Laws Governing The Carrying of Weapons on Campus?
Georgia Senate Bill 319, also known as “Constitutional Carry,” became effective on April 12, 2022, and made changes in the law by removing the phrase ‘weapons carry license holder’ and replacing it with ‘lawful weapons carrier.’ This did away with the weapons carry license requirement and now simply requires armed individuals to be lawful weapons carriers.
However, the legislation did not make changes to the types of weapons allowed within a school safety zone. Handguns can legally be carried in a concealed manner by lawful weapons carriers within a school safety zone, with the exception of certain facilities such as athletic venues where intercollegiate sporting events are held; in student housing complexes; in faculty, staff and administrative offices; and in classrooms where dual-enrolled high school students are present.
-
What is a 'lawful weapons carrier?'
Although a weapons carry license (WCL) is no longer required in Georgia, to be considered a ‘lawful weapons carrier,’ one must be eligible for a WCL. If a person were not eligible for a WCL, they would not be considered a ‘lawful weapons carrier.’
Senate Bill 319 (S.B. 319) states, in part:
‘Lawful weapons carrier’ means any person who is licensed or eligible for a [weapons carry] license pursuant to Code Section 16-11-129 and who is not otherwise prohibited by law from possessing a weapon or long gun, any resident of any other state who would otherwise be eligible to obtain a license pursuant to such Code section but for the residency requirement, and any person licensed to carry a weapon in any other state.
The full text of Code Section 16-11-129, which lists the circumstances in which a person would not be eligible for a weapons carry license, thus not considered a ‘lawful weapons carrier,’ can be found here.
Under O.C.G.A. 16-11-127.1, Carrying weapons within school safety zones, at school functions, or on school property, knives are still restricted to those with a blade less than two (2) inches in length.