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Posted: 11/18/2014 11:11:33 PM EDT
I was under the impression that you could not carry on any college campus or public school in Iowa.  A heard someone referencing otherwise today in reference to the Community College that I attend.  Can anyone site me references one way or the other in terms of state and federal laws? I will look through the school specific rules but I would like to get more information on this.  I am sure there are some folks much smarter than I on this kinda stuff.
Link Posted: 11/18/2014 11:27:08 PM EDT
[#1]
Quoted:
I was under the impression that you could not carry on any college campus or public school in Iowa.  A heard someone referencing otherwise today in reference to the Community College that I attend.  Can anyone site me references one way or the other in terms of state and federal laws? I will look through the school specific rules but I would like to get more information on this.  I am sure there are some folks much smarter than I on this kinda stuff.
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Last I knew was you couldn't. However you could carry right up to the sidewalk.
Link Posted: 11/18/2014 11:57:38 PM EDT
[#2]
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Quoted:


Last I knew was you couldn't. However you could carry right up to the sidewalk.
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Quoted:
Quoted:
I was under the impression that you could not carry on any college campus or public school in Iowa.  A heard someone referencing otherwise today in reference to the Community College that I attend.  Can anyone site me references one way or the other in terms of state and federal laws? I will look through the school specific rules but I would like to get more information on this.  I am sure there are some folks much smarter than I on this kinda stuff.


Last I knew was you couldn't. However you could carry right up to the sidewalk.

Can you show me a place that says that?  I haven't been able to find.  I am also looking for places that spell out that school includes community, state or private colleges.

Iowa code 724.4  from what I have read states that permit holders do not fall under the exempt rules for carry on schools but when it lists weapons free zones it specifically says elementary or secondary schools.  College of course are post-secondary schools.

iowa code 724.4a

According to the national conference of state legislatures Iowa is listed amongst the 23 states that leaves the decision to ban or allow concealed carry weapons on campuses to the college or university.  Found here
In 23 states the decision to ban or allow concealed carry weapons on campuses is made by each college or university individually: Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Hawaii, Indiana, Iowa, Kentucky, Maine, Maryland, Minnesota, Montana, New Hampshire, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Vermont, Virginia, Washington, and West Virginia.


One example of such school policy is from kirkwood community college
police found here
shall not be allowed on any Kirkwood Community College property or at any Kirkwood sponsored event..........Campus Security will be notified if an individual is suspected or found to have a weapon or hazardous item.  The individual will be advised to remove the item(s) from campus.  If the individual refuses, or if the item(s) is illegal, the police will be contacted.  Kirkwood will pursue disciplinary, civil or criminal action as appropriate against anyone who violates this policy by engaging in violence, threats of violence, or intimidation.  If a faculty, staff, or student is found to be in violation of this policy, they will be referred for possible disciplinary action.

Emphasis added is mine

This is one specific schools example.  Basically stating if they believed you had a weapon on you security can be called and ask you to leave like other businesses which do not want you to carry on the premiss.  If you were to refuse you would be trespassing?  I don't know I am asking.  It adds afterwards that you may be referred to further disciplinary action.  

Iowa Lakes is a CC in Northwest Iowa the policy is much shorter I will share it all.  The policy is found here
Possession of a weapon or firearm on campus or in a college facility is prohibited. Weapons include, but are not limited to: knives with a blade exceeding five inches in length, guns, firearms, BB guns, tazers, explosives, fireworks or simulations of any such items (devices that appear to be real such as a realistic toy, replica, paint-ball gun, etc.). A weapon may also include an object designed for use or used in a manner to inflict harm or threaten harm to a human being or animal. Current or retired licensed law enforcement professionals with a current permit may carry concealed weapons while on campus.


I found this brief policy to be interesting as it lists any item that is used in a manner to inflict harm.  Every member of the baseball team wandered the halls with a bag that contained a baseball bat that would be capable of inflict bodily harm.

I question any federal laws hold considering there are several states that expressly permit carry like Colorado, Idaho, Kansas, Mississippi, Oregon, Utah, and Wisconsin.  Utah is particular allows for carry in elementary and post secondary as far as I know.  

As I said I would like some kind of solid information either for or against hearing from your brother in laws cousin that it was cool or that it would put you in federal prison is not what I want.
Link Posted: 11/19/2014 12:06:47 AM EDT
[#3]
DMACC used to have it in their policy.  I looked it up back when I worked at urban campus.

Here's their's:

https://go.dmacc.edu/handbook/polprocedures/pages/weapons.aspx
Link Posted: 11/19/2014 12:18:30 AM EDT
[#4]
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Quoted:
DMACC used to have it in their policy.  I looked it up back when I worked at urban campus.

Here's their's:

https://go.dmacc.edu/handbook/polprocedures/pages/weapons.aspx
View Quote

Thanks for the link.  This is the school policy.  This is not law.  They could expel you from school but I want to know what state or federal law it would be breaking.  A store could tell me I can't carry in the store but it doesn't hold the power of the law in doing so.  I can be removed for trespassing but not more from my understanding.  Thanks for helping me understand this.
Link Posted: 11/19/2014 1:01:50 AM EDT
[#5]
The school's position was all I paid attention to because they were paying the bills. However, my search fu is doing a little better tonight than it did back in once-upon-a-time-time.

My reading of code seems to say you cannot carry at a post-secondary institution.  Here's the wording in code:

First, 724.2B:
724.4B  CARRYING WEAPONS ON SCHOOL GROUNDS -- PENALTY
     -- EXCEPTIONS.
        1.  A person who goes armed with, carries, or transports a firearm
     of any kind, whether concealed or not, on the grounds of a school
     commits a class "D" felony.  For the purposes of this section,
     "school" means a public or nonpublic school as defined in section
     280.2.
        2.  Subsection 1 does not apply to the following:
        a.  A person listed under section 724.4, subsection 4,
     paragraphs "b" through "f" or "j".
        b.  A person who has been specifically authorized by the
     school to go armed, carry, or transport a firearm on the school
     grounds, including for purposes of conducting an instructional
     program regarding firearms.  
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"b" through "f" or "j" don't cover an issued weapons permit.

Which means you have to rely on Code's definition of "school" as defined in section 280.2.

There you find the following:

280.2  DEFINITIONS.
        The term "public school" means any school directly supported
     in whole or in part by taxation.  The term "nonpublic school"
     means any other school which is accredited pursuant to section
     256.11.
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Unfortunately, many postsecondary schools are directly supported in whole or part by taxation. I didn't look at 256.11, but assume it is a similar dead end as well.


Ignore, or follow, Iowa Code at your peril, depending on where you believe the greatest danger to be.
Link Posted: 11/19/2014 11:07:58 AM EDT
[#6]
Yammershooner is correct AFAIAC.  With Iowa's loose definition of schools it includes all colleges and community colleges and Universities.

Some people will make the same argument on how the law reads, but I haven't found anyone willing to test it. If they are sure in their interpretation and actually believed it is legal, then they should be willing and able to open carry across campus right? Good luck spending attorney fees only to have judge think otherwise. Every news story I have ever read about someone in possession of a gun on campus was charged as such permit or not.

The other issue as mentioned is there is zero tolerance with schools policy for students.  

The 1000 ft rule doesnt apply in Iowa and in some states where it does, the Feds do not prosecute for that from what I understand.
Link Posted: 11/19/2014 11:09:38 AM EDT
[#7]
I know of a teacher at a community college that carries every day. He says it is legal unless asked to leave. Not going to say his name as he does not want attention. But he helped write the new carry law according to him. He is in the state govt as an official somehow.
Link Posted: 11/19/2014 12:02:13 PM EDT
[#8]
I work at a Board of Regents institution.  I am told by my contacts in the PD there are written opinions from both the Iowa Attorney General and the school's legal council that the carry law does not cover us.  I have not seen those opinions but have no reason to doubt the exist.  We are however under BOR policy and they say no guns.  As an employee if I were caught carrying my career would take a detour.   I will note that I have never heard or seen of anyone getting pinched for ccw on campus.  

I do not carry on campus.  Most of my friends have permits and none of them carry on campus either.  We like our jobs.  

As far as community colleges are concerned I can't offer you any advice.
Link Posted: 11/19/2014 6:53:24 PM EDT
[#9]
Somewhere or another in the Iowa code is a section that defines schools and as I read (past tense) it, it did not apply to colleges or universities which leaves it to the school and their signs hold as much legal authority as any other business.
I'll see if I can find it.

EDIT:
OK, so how do we find out when a section of the Iowa Code may have been changed?
The part I was referring to was the 280.2 or whatever, but I am pretty sure that in the past it specifically referenced primary and secondary schools which would not include colleges and universities.
Now as we can see in the quote, it does not mention them, which I would now think would.
So.... bastards.
Link Posted: 11/19/2014 7:57:21 PM EDT
[#10]
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Quoted:
I am pretty sure that in the past it specifically referenced primary and secondary schools which would not include colleges and universities.
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I seem to remember this as well, but cannot remember the context from which it was taken. I'm pretty sure that wherever I saw it, it was prior to 2005.
Link Posted: 11/19/2014 8:23:25 PM EDT
[#11]
When I saw it, it was well after 2005, BUT it is possible what I saw was from before that.
Link Posted: 11/19/2014 9:39:36 PM EDT
[#12]
Keep it concealed well and keep you mouth shut.  Don't require the use of an ambulance or emergency service except to defend yourself and other innocent students.  No one will know and no one needs to know.   kwg
Link Posted: 11/19/2014 9:52:42 PM EDT
[#13]
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Quoted:
Keep it concealed well and keep you mouth shut.  Don't require the use of an ambulance or emergency service except to defend yourself and other innocent students.  No one will know and no one needs to know.   kwg
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This is a nice thought but if the tangled mess of a code does include post secondary the penalty for any kind of slip could be a class d felony which would mean your right to vote and own guns.  I would rather get a more concrete answer.
Link Posted: 11/22/2014 1:22:13 AM EDT
[#14]
In the 1970's I was a LE student at DMACC.  We had a class that was specifically called Weapons and Firearms.  We tested various ammo for energy transfer and foot lbs of energy.  If we had something unusual we could bring it in and test it.  We made a point of leaving the classroom door open to listen for anyone who might have screamed in the hallway when we let a round go into the ductseal.   I don't know of one complaint.

My guess is several of the current Criminal Justice students are active police officers and carry.  We would come in in uniform and of course we wore firearms.  I don't recall anyone saying we could not.  I don't know of anyone who was told "don't bring it back".   Several of the instructors are former LEO's.  If anyone should be packing, it should be them.  My own thought is, if something goes wrong I want one of those CJ students (or myself) packing.  We know the security guards are unarmed and the local police are at least 3 minutes out.   Use your best judgment.   We know what happens when nutballs show up on campus and no one is there to challenge them.  

kwg
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