Campus Carry Virtual Town Hall – March 27
Senate Bill 10, the West Virginia Self-Defense Act, was signed into law in the Spring of 2023. The law will allow those with a valid license to carry a concealed weapon in designated areas on the Marshall University campus starting July 1, 2024. The bill only permits the concealed carrying of a pistol or revolver.
Licenses to carry a concealed weapon are issued by the State of West Virginia pursuant to §61-7-4, §61-7-4a or recognized by §61-7-6a of the WV Code. The bill also prevents institutions like Marshall University, the West Virginia Higher Education Policy Commission or the Community and Technical College System, from implementing policies that restrict concealed carry.
Self-Defense Act
A person who holds a current and valid license to carry a concealed deadly weapon is permitted to carry a concealed pistol or revolver on the campus and in the buildings of a state institution of higher education.
This subsection only applies to areas of the campus and buildings of a state institution of higher education under the custodial possession of the state institution of higher education and does not include areas rented, leased, or under an exclusive agreement for the full-time occupancy and use of a private entity.
Areas exempted from concealed carry as laid out by state law and campus policy include:
- At an organized event taking place at a stadium or arena with a capacity of more than 1,000 spectators.
- At a daycare facility located on the property.
- In an on-campus room or rooms in which a student or employee disciplinary proceeding is being held.
- At a primary or secondary education school-sponsored function.
- In specifically designated areas in which patient-care or mental health counseling is being provided.
- In on-campus residence halls, except common areas such as lounges, dining areas and study areas.
Marshall University requires that individuals who are licensed to carry concealed handguns do so in a manner that is consistent with state law while on campus. “On or about their person” means that license holders are permitted to carry a holstered handgun in a bag such as a backpack or handbag, provided the bag is within immediate reach and does not require the license holder to significantly alter their position to take control of it. The holster should fully enclose the trigger area and be secure enough to retain the handgun even if subjected to unexpected movement. License holders are prohibited from carrying a handgun that is partially or fully visible on university grounds, which includes buildings, classrooms, labs, dormitories, university driveways, streets, sidewalks, walkways, parking lots, parking structures, and any other parking areas on campus.
Marshall University is dedicated to ensuring a secure atmosphere for all students, staff, university associates, and guests, while also honoring the rights of individuals who are licensed to carry a handgun in accordance with West Virginia law. Marshall University is bound to adhere strictly to West Virginia statutes and cannot implement policies or measures that contravene state law.
July 1, 2024
“Campus Carry” is the common name for the law that authorizes a license holder to carry a concealed handgun at institutions of higher education in West Virginia.
The difference between campus carry and open carry lies in their regulations regarding the carrying of handguns:
- Campus Carry:
- Definition: Campus carry, also known as Senate Bill 10, permits individuals with a valid concealed handgun license (CHL) to carry concealed weapons in specific areas on college campuses, including Marshall University.
- Scope: It applies only to those with a valid license and allows concealed carry in designated areas.
- Exemptions: Universities can create guidelines and exempt certain parts of campus from the law, but they cannot violate the spirit of the law.
- Open Carry:
- Definition: Open carry refers to the open display of handguns.
- Campus Prohibition: The open carry of weapons on college campuses is not permitted.
In summary, campus carry allows concealed carry with a valid license, while open carry pertains to openly displaying handguns and is prohibited on college campuses in West Virginia.
There are 12 exceptions to the campus carry law and those are the only times a gun-free zone can be established.
- Organized Events: Concealed carry is prohibited at organized events held in stadiums or arenas with a capacity of more than 1,000 spectators.
- Campus Daycare: Concealed carry is not allowed at campus daycare facilities.
- K-12 School-Sponsored Functions: During K-12 school-sponsored events occurring on campus, concealed carry is banned.
- Patient-Care Areas: Concealed carry is prohibited in patient-care areas.
- Residence Halls (Except Common Areas): While concealed carry is generally not allowed in residence halls, common areas are an exception.
- Arena or Stadium Events: Concealed carry is forbidden at organized events in arenas or stadiums with a capacity exceeding 1,000 spectators.
- Childcare Facilities: Concealed carry is not permitted in childcare facilities on campus.
- K-12 School Functions: Concealed carry is banned during K-12 school-sponsored functions held on campus.
- Patient-Care and Mental Health Spaces: Firearms are prohibited in patient-care areas and mental health/patient care counseling spaces.
- Formal Disciplinary/Grievance Hearings: Concealed carry is not allowed during formal disciplinary or grievance hearings.
- Individual Office Spaces: Concealed carry is banned in individual office spaces.
- Residence Hall Rooms (Except Lounges, Dining Areas, and Study Areas): While concealed carry is generally not allowed in residence hall rooms, it is permitted in common areas such as lounges, dining areas, and study spaces
Contact Housing and Residence Services to further explore your alternative options.
They will be stored in individual safes in the room that students can rent or purchase. Housing and Residence life will provide further information at a later date.
Contact the Marshall University Police Department at 304-696-4357 or mupd@marshall.edu with any questions or concerns or for more information.
No. Senate Bill 10, also known as the Campus Self-Defense Act, permits individuals with a valid license to carry a concealed weapon in specific areas on Marshall’s campuses and centers. However, it’s important to note that this law does not allow everyone to carry a concealed weapon; it applies only to those with a valid license.
To be eligible for a concealed handgun license (CHL) in West Virginia, a person must meet the following requirements:
- Age: Applicants must be at least 21 years old to apply for a regular CHL. However, individuals between 18 and 20 years old can obtain a provisional CHL to lawfully carry a concealed handgun without other lawful authorization.
- Firearm Training: Applicants must complete a West Virginia concealed carry permit course that provides firearm training.
- Citizenship or Legal Residency: Applicants must be a United States citizen or legal resident.
- County of Residence: Applicants must reside in the county from which they are making the application.
The WV statue covers only handguns. A handgun is a pistol, revolver or other firearm the length of the barrel, which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches. Other weapons -rifles or shotguns – are not permitted in campus buildings.
