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Abstract
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Most states issue permits to carry a concealed handgun for lawful protection to an applicant who is over 21 years of age, and who passes a fingerprint-based background check and a safety class. These permits allow the person to carry a concealed defensive handgun almost everywhere in the state. Should professors, school teachers, or adult college and graduate students who have such permits be allowed to carry firearms on campus?In the last two years, many state legislatures have debated the topic. School boards, regents, and administrators are likewise faced with decisions about whether to change campus firearms policies.This Paper is the first to provide a thorough analysis of the empirical evidence and policy arguments regarding licensed campus carry. Whether a reader agrees or disagrees with the Paper's policy recommendations, the Paper can lay the foundation for a better-informed debate, and a more realistic analysis of the issue.
This article analyzes the law and policy regarding the licensed carrying of firearms in K-12 schools and in colleges and universities. The Article suggests that absolute bans have proven to be extremely dangerous, because they turn schools into uniquely attractive targets for mass murderers. The Article focuses on prohibitions applied to people who have already been licensed to carry a handgun for lawful protection in public places. The Article does not address the bans as applied to persons who have not obtained or could not obtain such a permit--such as those under the age of twenty-one in most states.
Part II of this Article surveys the legal, factual, and political background. Part III describes current programs, in the United States and elsewhere, in which teachers or students are allowed or required to carry firearms for defense. Part IV examines empirical evidence about whether armed defenders can deter or interrupt mass killers at schools, and whether armed defenders have done so. Part V analyzes various objections to campus defense, with particular attention to the argument that faculty and/or adult students are so dangerous that they should not be allowed to carry arms. Part V also addresses the issue of unarmed victims being told never to fight back.
This Article does not argue in favor of one particular method for authorizing already-licensed people to carry firearms on campus. On the one hand there is Utah law, which allows firearms carrying and possession by anyone with a concealed handgun carry permit--including in dormitories..
Available at SSRN: http://ssrn.com/abstract=1369783
Language: en |