Implementation Considerations for Policies Permitting Guns on Campus in Kansas Paige S
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JUSTICE POLICY CENTE R Implementation Considerations for Policies Permitting Guns on Campus in Kansas Paige S. Thompson, Jahnavi Jagannath, Emily Reimal, and Sino Esthappan August 2019 In 2013, Kansas became the 11th state to enact a law allowing faculty, staff, and students to carry concealed firearms in campus buildings at public higher education institutions. Termed “campus carry” policies, these laws may explicitly allow guns on college campuses, or they may permit them implicitly by remaining silent on the matter or repealing an existing prohibition. Before this type of legislation was enacted in the United States, only law enforcement and security officials were permitted to carry firearms at public higher education institutions. This brief is one of two resulting from the Urban Institute’s research on a law in Kansas allowing eligible people to carry concealed firearms at public higher education institutions. It explores public university officials’ perceptions of laws allowing guns on campus and offers recommendations to consider during the planning and implementation process associated with similar laws. In 2003, Colorado became the first state to enact a law permitting concealed firearms to be carried on campus. Known as the Concealed Carry Act, the law declares that a concealed carry permit is valid “throughout the state,” with no specific exemption for public higher education institutions.1 In 2004, the Utah Supreme Court ruled that higher education institutions could not ban firearms, making Utah the first state to permit concealed carrying of guns on public campuses as a result of a court interpretation (Bennett, Kraft, and Grubb 2011). Arkansas, Colorado, Georgia, Idaho, Kansas, Mississippi, Oregon, Tennessee, Texas, Utah, and Wisconsin have all passed laws allowing concealed carry on public campuses, with Tennessee only permitting concealed carry for faculty members with permits, excluding students and the general public.2 Some states allow concealed weapons in all public buildings, while others prohibit concealed gun carrying in certain places, such as labs and classrooms, student housing, and athletic venues. Attitudes toward these policies exemplify a nationwide debate concerning gun ownership and possession. The conversation about firearms on public college campuses was renewed by the 2007 shooting at Virginia Tech, where a student killed 32 students and professors (Lipka 2008). Advocates of concealed carry on campuses reason that an increase in lawful gun ownership will better equip bystanders to intervene in shooting incidents and even deter crime and gun violence. Opponents believe the policy could lead to negative consequences related to campus climate (e.g., academic pressure, increased use of drugs and alcohol, mental health concerns, suicide, and intimidating classroom environments) and broader concerns about concealed carry (e.g., complicating emergency response to shooting incidents, increasing the risk of death when conflicts escalate, and accidental shooting incidents resulting in injury). Kansas Legislation Allowing Guns on Campus In 2013, the Kansas state legislature amended a longstanding law, the Personal and Family Protection Act, allowing eligible people ages 21 and older to carry concealed firearms in most public buildings. This law incorporated a four-year exemption for public higher education institutions, giving campuses until July 1, 2017 to comply with the provisions of the policy. Then, in April 2014, Kansas Governor Samuel Brownback signed HB 2578, barring local governments from enforcing local firearm laws and making gun laws uniform across the state.3 Both laws further limited campuses’ ability to uphold policies that banned guns on campus. The Kansas Board of Regents, which governs the state’s 6 universities and 32 public higher education institutions, gave campuses discretion in formulating their own implementation plans, but stipulated that they follow the guidelines from the state legislature and the board.4 If universities opposed the policy, they could still prohibit guns from certain buildings if they installed metal detectors, gun lockers, or similar secure storage and staffed security guards at public entrances. Buildings already equipped with the recommended security measures (such as athletic venues) were exempted. Facing budget challenges because of a $30.7 million cut to the state’s higher education system, many universities could not achieve these measures.5 Only Kansas State University, the University of Kansas, and Wichita State University opted to provide the extra security measures that would enable them to continue prohibiting firearms, and only in select facilities for athletic and other events on a case-by-case basis. During the period between the enactment of the Personal and Family Protection Act and the expiration of the higher education exemption, student and faculty protests and lobbying against the policy gained national attention.6 The state legislature removed the permit requirement for concealed firearms in 2015, eliminating the need for licensing, successful completion of an eight-hour safety and instructional training course, and clearance of a background check (this applied to concealed carrying in most public buildings, including higher education institutions). This spurred an effort to repeal the law 2 CONSIDERATIONS FOR P OLICIES PERMITTING G UNS ON CAMPUS IN KANSAS through an amendment allowing public university and community college administrators to ban concealed firearms in all campus buildings. Additional provisions were added to include a concealed carry permit component, which reincorporated the training requirement. The bill was also amended to lower the age to obtain a concealed weapon permit from 21 to 18. However, the Kansas House of Representatives reversed these provisions in early 2018. Under current law, people 21 and older are permitted to carry a concealed firearm at public colleges and universities in Kansas. As additional states could pass legislation permitting guns on campuses, more university administrators, state legislators, policymakers, and advocates across the US are turning their attention to the policy’s implications for campus safety and the higher education environment. Campus Context The campus environment is unique because it consists mainly of adolescent and young-adult students and has relatively low crime rates compared with surrounding communities. Some argue that college campuses are ill-suited for concealed firearm carrying, claiming that typical college-age people have limited capacity to use guns responsibly (Webster et al. 2016). Research has identified factors associated with young adulthood that heighten the risks of allowing firearms on campuses. The potential for the onset of mental illness during young adulthood paired with the frequency of alcohol and drug consumption and associated violence on campuses compound the risk for serious injury, particularly if firearms are present (Casey 2015; Dreyfuss et al. 2014; Johnson, Blum, and Giedd 2009; Kessler et al. 2006; Swanson et al. 2015). Of the crimes that occur on campuses, property offenses outnumber violent crimes (Barnes 2009; Birnbaum 2013; Doss et al. 2017; Han 2013; Nobles et al. 2012). Fatal attacks on college campuses are rare; a study of violent incidents on campuses from 1990 to 2008 found that, in most cases, victims knew the suspect (Drysdale, Modzeleski, and Simons 2010). Though existing research on campus gun violence provides context, there is a dearth of empirical work on the relationship between crime and legislation allowing concealed guns on campus. Only one study has examined the impact of these policies on crime rates. Using state-level data from 2005 to 2014 and a fixed effects model, Gius (2019) found that these laws are not significantly related to violent or property crimes on campus. The proportion of students who carry guns on college campuses is small; in a survey of more than 10,000 undergraduates from 119 four-year colleges across the US, just 4.3 percent reported having a working firearm at college. Additionally, 1.6 percent reported having been threatened with a gun on campus (Miller, Hemenway, and Wechsler 2002). In a 2014 survey of 451 students at one university in Missouri (a state without legislation allowing guns on campus), 6.2 percent of students reported carrying a firearm on campus (Jang, Dierenfeldt Jr., and Lee 2014). Despite these relatively low rates of gun carrying and gun violence on college campuses, the lethality of firearms makes laws permitting them on campus (and responses by higher education officials) a pressing issue that warrants further investigation. Indeed, although past research has solicited opinions of faculty and staff about the perceived threat of permitting guns on campus, none has systematically explored the specific plans and implementation processes that were executed in response to the law. The remainder of this brief CONSIDERATIONS FOR P OLICIES PERMITTING G UNS ON CAMPUS IN KAN SAS 3 provides an account of public university officials’ perceptions of the preparation and implementation process associated with Kansas’s law permitting guns on campus. Methodology Urban Institute researchers conducted interviews with higher education professionals from public colleges and universities to gather perspectives on the impact of laws allowing guns on campuses and universities’ responses to those laws. The interviews were supplemented by a review of the associated policies promulgated