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Policy 1105
Prohibition of Weapons

Date of Current Revision: March 2011
Primary Responsible Officer: Chief of Police

1. PURPOSE

This policy provides rules and regulations concerning the possession of weapons on campus and in all facilities and locations owned or operated by James Madison University (the university) in an effort to provide a safe and secure learning and working environment for its students, employees and visitors.

2. AUTHORITY

The Board of Visitors has been authorized by the Commonwealth of Virginia to govern James Madison University. See Code of Virginia section 23-164.6;23-9.2:3. The board has delegated the authority to manage the university to the president.

3. DEFINITIONS

Controlled Space:
Defined as any indoor or outdoor area owned or controlled by the university with limitations on use or access (i.e., residence hall, classroom, office, practice field, stadium, arboretum, farm, etc.). Areas open to the public (i.e., streets, lawns, sidewalks, parking lots, bookstore, library, Festival, etc.) with no limitations on access are not controlled spaces.

Weapons:

Defined as, but not limited, to:

  1. any gun, bow, crossbow or other weapon designed or intended to propel a missile or projectile of any kind, including any pistol, revolver, rifle, musket, long gun or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material;
  2. any stun weapon, including any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person;
  3. any knife, including any dirk, bowie knife, switchblade knife, ballistic knife, machete or razor, except a pocket knife having a folding metal blade of less than three inches;
  4. any slingshot, spring stick, metal knucks or blackjack;
  5. any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken or fighting chain;
  6. any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart;
  7. any frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon, including any cartridge, pellet, ball, missile or projectile adapted for use in a firearm;
  8. any explosive substance or explosive device, if such substance or device is intended to be used as a weapon;
  9. any tear gas, mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of chemicals designed to, and capable of, producing vile, injurious or nauseating odors or gases, if such gas or chemical is intended to be used as a weapon; and
  10. any weapon of like kind as those enumerated.

4. APPLICABILITY

This policy applies to all university faculty, staff, students, affiliates and contracted service representatives, as well as all visitors attending events (whether or not requiring a ticket) or entering buildings or controlled spaces on campus and to all property owned, leased, operated or controlled by the university.

5. POLICY

No faculty or staff member, student, affiliate or contracted service representative shall carry, maintain, or store a weapon, concealed or otherwise, on any property owned, leased or controlled by the university, except as provided herein. No visitor shall carry, maintain or store a weapon, concealed or otherwise, in any controlled space owned, leased, or controlled by the university or at any university event. Items that are used as weapons on property owned or operated by the university, whether or not they fit the definition above, will also subject the user to discipline or removal.

6. PROCEDURES

6.1 Prop Weapons and Facsimiles
Any item that appears to be a weapon and that is utilized for any purpose on university property must be reported to and approved by university police or safety officials prior to being used in any activity. Examples include, but are not limited to, props used in plays, props or weapons used in class presentations, and Military Science (ROTC) combat military exercises on campus.

6.2 Storage and Related Procedures
Rifles, shotguns and bows that are to be used by a student, faculty or staff member for hunting may be registered and stored no more than one week before and during the appropriate hunting season at the university police station. Weapons used for hunting must be checked and removed from campus at the end of the appropriate hunting season. Similarly, weapons (unloaded, disabled, and facsimile) used for demonstration and educational purposes are to be stored at the campus police station until time of class or demonstration, then removed from campus as soon as possible. All such weapons are to be carried or transported in hard or soft case enclosures.

6.3 Reporting Violations
All members of the university community are encouraged to report violations of this policy to the police or the Office of Public Safety on campus. Employees are required to report violations to the police or the Office of Public Safety if they become aware of violations.

7. RESPONSIBILITIES

It is the responsibility of vice presidents , academic deans, academic unit heads, directors, managers and supervisors to ensure that the provisions of this policy are reviewed with employees and students in their areas.

It is the responsibility of each student, employee, contracted service representative, affiliate and visitor attending events or entering buildings or controlled spaces on campus to comply with this policy.

It is the responsibility of each vice president , academic dean, academic unit head, director, manager and supervisor to enforce the provisions of this policy in their area of accountability and to report infractions to the Campus Police.

It is the responsibility of the Chief of Police to ensure that the Public Safety Office investigates matters of noncompliance, takes appropriate action and reports resultant findings to the appropriate vice president. It is the responsibility of the Chief of Police to provide and maintain a safe and secure weapons locker and related record keeping for the purposes of legitimate weapons storage.

It is the responsibility of the Chief of Police and/or designated officials to properly inspect and certify stage prop, facsimile, disabled and/or academic demonstration weapons as unable to discharge a projectile or otherwise disarm and unload such weapons upon petition by employees, students, and invited lecturers and guests of the university.

8. SANCTIONS

A student who violates this policy will be subject to disciplinary sanctions under the student judicial code, up to and including expulsion. An employee who violates this policy will be subject to disciplinary sanctions under misconduct policies of the university, up to and including dismissal. An affiliate who violates this policy will be subject to revocation of affiliate status. A visitor who violates this policy will be subject to removal from campus and being barred from campus.

Sanctions will be commensurate with the severity and/or frequency of the offense.

9. EXCLUSIONS

This policy does not apply to law enforcement officials duly authorized to carry such weapons. Also excepted are military drills, honor guards and color guards utilizing facsimile or functionally disabled weapons and archery classes, team practice and competition utilizing target bows and arrows.

10. INTERPRETATION

The authority to interpret this policy rests with the president and is generally delegated to the Chief of Police.

Previous version: July, 2009
Approved by the President: July, 2009

Index Terms
Weapons
Firearms
Guns
Knives
Concealed weapons
Hunting
Handguns