This document is intended to provide general information about the recent changes to Arkansas law involving carrying concealed handguns on college campuses.
Background
What is Act 562 of 2017?
The Act (commonly referred to as House Bill 1249 or “Campus Carry”) allows individuals with concealed handgun permits to carry concealed handguns on public college campuses if they have successfully completed an additional enhanced certification training course of up to 8 hours. As explained later in this document, there are some locations excluded in Act 562 where handguns can be completely prohibited.
What is Act 859 of 2017?
The Act allows certain locations, including collegiate athletic events, to be exempt from campus carry through a process that includes approval of security plans for those locations by the Arkansas State Police.
When do Act 562 of 2017 and Act 859 of 2017 become effective?
Acts 562 and 859 take effect on Sept. 1, 2017. However, the law requires the Arkansas State Police to develop and communicate rules for enhanced certification training that must be completed by individuals seeking to carry a handgun on campus. The State Police must complete the rule-making process within 120 days of the September 1 effective date, so the actual date upon which individuals will be able to carry a concealed handgun on campus will depend on when the State Police complete this process.
Does Henderson State University have a policy on guns?
Yes, Henderson State University policy prohibits weapons, including guns, on campus except in limited circumstances authorized by law. Specifically, the Board of Trustees passed a revised policy on May 19, 2017, that addresses weapons. The policy states that the university "prohibits the possession, carrying, storage or use of any handgun, firearm, or weapon of any type (a) on the university campus, (b) in any building owned or controlled by the university, (c) at any university event, (d) during travel on university business, or (e) in any vehicle that is owned, leased or rented by the university.” The policy’s provisions do not apply to “certified law enforcement officer employed by the university police department, any other certified law enforcement officer, or any other possession authorized by law.”
Is the university's policy consistent with Act 562 of 2017?
Yes. The policy informs the Henderson State community that handguns, other firearms, and other weapons are prohibited on campus unless authorized by law. “Authorized by law” includes the concealed-carry endorsement created by Act 562 of 2017.
Eligibility to Carry
Who is eligible to carry a handgun on university property?
Act 562 of 2017 does not allow everyone to carry a handgun on Henderson State property. Campus carry is limited to individuals who have been issued a concealed handgun license and who complete an additional enhanced certification training course of up to 8 hours developed by the Arkansas State Police as required by Act 562.
- In order to be issued a concealed handgun license, a person must be twenty-one (21) years or older or eighteen (18) years of age and (a) currently a federally recognized commissioned or non-commissioned officer or an enlisted member on active duty in the United States Armed Forces, (b) in the National Guard or a reserve component of the United States Armed Forces, or (c) a former member of the United States Armed Forces that has been honorably discharged under Ark. Code Ann. § 5-73-309.
- The Department of Arkansas State Police administers the concealed-carry license. More information is available on the Arkansas State Police website at: http://asp.arkansas.gov/services-and-programs/detail/concealed-handgun-licensing.
Who may not carry a handgun on university property?
Individuals who do not have (1) a concealed-carry license and (2) an enhanced concealed-carry endorsement issued by the Arkansas State Police pursuant to Act 562. Certified law enforcement officers authorized by the university may carry handguns on our campus.
Are concealed-carry licensees required to complete firearm training before carrying a handgun on HSU property?
Yes, Act 562 requires an enhanced concealed-license endorsement, which a concealed-carry licensee cannot obtain without first completing a training course approved by the Director of the Department of Arkansas State Police. The training shall consist of up to eight (8) hours with up to four (4) hours waived based on the licensee’s prior training within the past ten (10) years. The Department of Arkansas State Police must promulgate rules to design a training program within 120 days of the effective date of the Act, September 1, 2017.
What types of weapons may eligible concealed-carry licensees carry?
Only handguns. Ark. Code Ann. § 5-73-309 defines handguns as “any firearm, other than a fully automatic firearm, with a barrel length of less than twelve inches (12”) that is designed, made, or adapted to be fired with one (1) hand.”
Can a person whose concealed-carry license was issued by another state carry a handgun onto university property?
No. Only concealed carry holders licensed in the State of Arkansas, who complete the additional enhanced certification training and receive the enhanced concealed-carry endorsement, will be allowed to carry on campus.
Law Enforcement
Will eligible concealed-carry licensees be required to identify themselves to the University Police Department or law enforcement agency?
Act 562 of 2017 does not require concealed-carry licensees with the endorsement to notify any law-enforcement agency prior to carrying a handgun on HSU property.
What will Henderson State do to ensure the safety of everyone on campus?
The safety of our students, faculty and staff is of utmost important to the university. The HSU Police Department remains focused on the safety of our campus. HSU Police and other cooperating law enforcement currently operate under the assumption that individuals present on the campus may possess a gun illegally. That assumption has not changed.
We will do our best to continue to facilitate ongoing conversations about campus safety, listen to concerns, and share information. The university will continue to monitor the campus environment and take measures to ensure our community members are as safe as possible.
Manner of Carrying and Storage
Do handguns have to be concealed when carried on university property?
Yes. A handgun must be covered from observation so as to prevent public view. In other words, concealed carry licensees, including those with an enhanced concealed-carry endorsement, shall not carry a handgun openly or in any other manner in which the handgun is visible to ordinary observation by a reasonable person or in public view. Arkansas law does not allow for “open carry” by anyone other than a certified law enforcement officer.
Where can an employee or student store a handgun on university property?
The only place that a concealed-carry licensee with an enhanced concealed-carry endorsement can store a handgun while on university property is in a locked and unattended private motor vehicle on a publicly owned and maintained parking lot of the university.
A concealed-carry licensee cannot store a handgun in a university or college-operated student dormitory or residence hall. Act 562 of 2017 prohibits “[t]he storage of handguns in a university or college-operated student dormitory or residence hall.”
A concealed-carry licensee cannot store a handgun in a locked office or desk drawer. You are required to keep it with you at all times, unless you are entering a location on university property where carrying it is prohibited. In that case, you should secure the handgun in your motor vehicle and store it in compliance with Ark. Code Ann. § 5-73-324. You may not leave a handgun in a purse or backpack in a locked desk drawer, cabinet or locker.
A concealed-carry licensee cannot store a handgun in a book bag or purse. You are required to keep your handgun with you at all times, unless you are entering a location on university property where carrying it is prohibited. In that case, you should secure the handgun in your motor vehicle and store it in compliance with Ark. Code Ann. § 5-73-324. You may not leave a bag or purse containing a handgun unattended while you use the restroom, complete a lab, or complete some other task.
Locations
May concealed-carry licensees carry a handgun on the campuses of other public universities across the state?
Yes, if, prior to carrying the handgun, the concealed-carry licensee obtains the enhanced concealed-carry endorsement.
May concealed-carry licensees with a concealed-carry endorsement carry a handgun in a university vehicle?
No, in accordance with the Board of Trustees policy of May 19, 2017.
May concealed-carry licensees carry a handgun in a Henderson State classroom?
Yes, if, prior to carrying the handgun, the licensee obtains the enhanced concealed-carry endorsement.
May concealed-carry licensees carry a handgun in a laboratory?
Yes, if, prior to carrying the handgun, the licensee obtains the enhanced concealed-carry endorsement. Concealed-carry licensees who carry a handgun should also be mindful that they are not immune from personal liability with respect to use or carrying of the handgun.
May concealed-carry licensees carry a handgun in a Henderson State office or classroom that is located on property that the university is leasing from another entity?
Yes, if, prior to carrying the handgun, the licensee obtains the concealed-carry endorsement. Act 562 of 2017 explicitly addresses property leased by the university.
May concealed-carry licensees carry a handgun at a meeting held on property that Henderson State is renting from a private property owner (e.g., hotel conference room)?
Yes, unless the private property owner has prohibited the carrying of firearms on the property.
Example: A university employee, while acting within the course and scope of Henderson State employment, attends a university-organized meeting being held in a hotel conference room in Little Rock, Arkansas. The employee shall not carry a handgun if the hotel has posted a notice prohibiting firearms on its property.
May a full-time faculty member carry a handgun while they are teaching a course?
Yes, if the faculty member has a (1) a concealed carry license and (2) the enhanced concealed-carry endorsement.
May a concealed-carry licensee with a concealed-carry endorsement carry a handgun in a public daycare facility?
No. Act 859 prohibits a concealed-carry licensee (including licensees with the enhanced endorsement) from carrying in a “public daycare facility,” including the university's Davis-Baker Preschool.
May a concealed-carry licensee carry a handgun to a “collegiate athletic event?”
Act 859 prohibits a concealed-carry licensee (including licensees with the enhanced endorsement) from carrying in a posted firearm-sensitive area located at a “collegiate athletic event.” A “collegiate athletic event” means “a sporting or athletic contest, event, or practice of an individual or team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, community college competes against themselves or another individual or team of individuals.”
HSU may submit a security plan to the Department of the Arkansas State Police for designation of certain areas as a firearm-sensitive area. Upon approval, Henderson State shall post a notification at all firearm-sensitive areas that possession of a concealed handgun is prohibited.
Is a security plan submitted to the Director of the Department of the Arkansas State Police subject to public disclosure?
No. Act 859 exempts a security plan from public disclosure under the Freedom of Information Act of 1967.
What if I am unsure whether I can carry a handgun at a certain time or location?
Concealed-carry licensees are expected to know the law relating to carrying of a concealed weapon.
Exemption Regarding Grievance and Disciplinary Hearings
Are concealed-carry licensees with the proper endorsement prohibited from carrying a handgun in a meeting about a grievance or disciplinary matters, and if so, what meeting does that cover?
A concealed-carry licensee may not carry a concealed handgun to a documented grievance or disciplinary procedure of Henderson State if at least 24-hours’ notice is given to the participants, notice is posted on the doors of the location of the meeting that a concealed weapon is prohibited, and the area of the building prohibited is no larger than necessary to complete the grievance or disciplinary matter. The official meeting cannot last more than nine (9) hours.
If a concealed-carry licensee is asked to attend a disciplinary meeting, what should the concealed-carry licensee do with his/her handgun?
If the concealed-carry licensee knows or reasonably should know that a grievance or disciplinary matter will be discussed and a timely notice is posted, then he or she should take the handgun to his/her motor vehicle and store it in compliance with Ark. Code Ann. § 5-73-324.
If a concealed-carry licensee is asked to attend a meeting and an unanticipated disciplinary matter arises during the meeting, what should the concealed-carry license do with his/her handgun?
A concealed-carry licensee is only prohibited from carrying a handgun to a grievance or disciplinary procedure of Henderson State if at least 24-hours’ notice is given to the participants, notice is posted on the doors of the location of the meeting that a concealed weapon is prohibited, and the area of the building prohibited is no larger than necessary to complete the grievance or disciplinary matter. The official meeting cannot last more than nine (9) hours.
Immunities and Risk
Are employees who carry a handgun pursuant to a concealed-carry license with the enhanced endorsement considered within the scope of their employment?
No, the decision to carry a concealed handgun is a personal choice made by the employee and not a requirement of Henderson State University.
The only exception is officers with the University Police Department who are required to carry a concealed handgun as part of their job description.
Are employees who carry a handgun pursuant to a concealed-carry license with the enhanced endorsement entitled to worker’s compensation benefits for injuries arising from his or her own negligent acts in possessing or using a concealed handgun?
No. Act 562 of 2017 explicitly prohibits worker’s compensation coverage in that situation.
Are concealed-carry licensees who carry a handgun pursuant to a concealed-carry license with the enhanced endorsement immune from personal liability with respect to possession or use of a concealed handgun?
No. Act 562 of 2017 explicitly excludes immunity from personal legal liability. Any employee who chooses to possess or use a firearm is acting in the employee’s individual capacity and not as an agent of the university, and is not immune from personal liability with respect to possession or use of the handgun.
Interactions with Concealed-Carry Licensees
May individual faculty or staff members post signage that prohibits handguns in their offices or tell/ask a concealed-carry licensee with the enhanced endorsement not to bring a handgun into the office?
No. Act 562 of 2017 allows a concealed-carry licensee with the enhanced endorsement to carry a handgun in the buildings or on the grounds of Henderson State, other than the limited exceptions for certain locations provided for in the law. An office, regardless of whether it is assigned to a particular person, is part of the buildings and grounds of Henderson State University. Arkansas law does not allow individual employees to restrict the carrying of concealed handguns in their work areas
May individual faculty post signage that prohibits handguns in the classrooms, tell/ask a concealed-carry licensee not to bring a handgun into the classroom, or advise in the syllabus that a handgun should not be brought into the classroom?
No. Act 562 of 2017 allows a concealed-carry licensee with the enhanced endorsement to carry a handgun in the buildings or on the grounds of Henderson State other than the limited exceptions for certain locations provided for in the legislation. Arkansas law does not allow individual employees to restrict the carrying of concealed handguns in their work areas
May a supervisor request a list of concealed-carry licensees who have obtained the concealed-carry endorsement to carry a handgun?
No. The identity of concealed-carry licensees is confidential under Arkansas law.
May a concealed-carry licensee disclose to another person that he/she is carrying a handgun?
Concealed-carry licensees should use good judgment and discretion in sharing or publicizing such information, keeping in mind their responsibilities for concealing the weapon. Also, concealed-carry licensees should be mindful that threatening another person is a violation of HSU policy and may be a crime.
What should I do if a concealed-carry licensee tells me that they are carrying a handgun?
It does not violate university policy for a concealed-carry licensee to tell another person that he or she is carrying a handgun. However, you may contact the University Police Department if you are concerned that the concealed-carry licensee is making a threat, is violating the law or HSU’s policies on firearms. The University Police Department will review whether that individual is eligible to carry a handgun on university property, and if not, take appropriate action.
What should I do if I am concerned that someone is violating the university's policy on firearms?
Please contact the University Police Department. The Police Department will review whether the individual is eligible to carry a handgun on HSU property, and if not, take appropriate action. If you see an armed person threatening people or witness other violent behavior, follow the university’s “RUN, HIDE, or FIGHT” protocol.
What should I do if I see a handgun on campus?
If you see someone carrying a handgun on campus, you should contact the University Police Department. The law prohibits the visible display of handguns. If you see an armed person threatening people or witness other violent behavior, follow the university’s “RUN, HIDE, or FIGHT” protocol.
May I ask someone if they have a concealed carry permit?
Yes, but the individual being asked has no obligation to answer. An individual with a concealed carry permit who has completed the additional enhanced certification training under Act 562 is not required to reveal their permit status unless asked by a law enforcement officer in accordance with Ark. Code Ann. § 5-73-315. No action may be taken against an employee or student because of their status as a concealed carry permit holder.
Law Enforcement
How will the university manage someone who has a gun and is exhibiting threatening behavior?
It is a criminal act to exhibit threatening behavior with a gun, regardless of the individual's concealed carry permit status. When a crime is committed on campus, police officers or local law enforcement will respond and take appropriate action. Additionally, if the individual is an employee or student, the university will also take appropriate disciplinary action.
May a police officer ask an individual to display their concealed carry license?
Yes. Ark. Code Ann. § 5-73-315 (b)(2) requires a licensee to display their license if asked by law enforcement.
Does a law enforcement officer have the right to disarm an individual?
Yes. If a law enforcement officer reasonably believes a safety risk exists, the officer may disarm an individual.
Will students, faculty and staff members who have a license to carry a concealed handgun and who have successfully completed the enhanced training be required to register with campus security/police departments?
No.
Will the university provide employees or students with safety training on how to properly use a handgun?
No. Concealed carry licensees are required to complete mandatory safety courses to acquire concealed carry licenses, and they will be required to complete up to 8 hours of enhanced certification training before being authorized to carry on a campus.
What should I do if someone takes a handgun out of a backpack or briefcase?
Students, staff members, faculty members and visitors may not display a handgun on campus. Handguns must be concealed at all times, barring life-threatening emergencies. If you observe someone displaying a handgun on campus, it should be reported to campus police or security.
May I use my weapon as a means of defense if there are shots being fired?
A handgun may be used in self-defense only as allowed by Arkansas law. By so doing, the person is acting as a private citizen and not as an authorized agent of the university.
What should I do if I suspect or know there is an active shooter on campus?
Follow the directions follow the university’s “RUN, HIDE, or FIGHT” protocol:
RUN, HIDE or FIGHT PROTOCOL
RUN: Evacuate If Possible
- If there is considerable distance between you and the gunfire/armed person, quickly move away from the sound of the gunfire/armed person. If the gunfire/armed person is in your building and it is safe to do so, run out of the building and move far away until you are in a secure place to hide.
- Leave your belongings behind.
- Keep your hands visible to law enforcement.
- Take others with you, but do not stay behind because others will not go.
- Call 911 when it is safe to do so. Do not assume that someone else has reported the incident. The information that you are able to provide law enforcement may be critical, e.g. number of shooters, physical description and identification, number and type(s) of weapons, and location of the shooter.
HIDE: Hide silently in as safe a place as possible
- If the shooter is in close proximity and you cannot evacuate safely, hide in an area out of the armed person’s view.
- Choose a hiding place with thicker walls and fewer windows, if possible.
- Lock doors and barricade with furniture, if possible.
- Turn off lights
- Silence phones and turn off other electronics.
- Close windows, shades and blinds, and avoid being seen from outside the room, if possible.
- If you are outdoors and cannot RUN safely, find a place to hide that will provide protection from gunfire such as a brick wall, large trees or buildings.
- Remain in place until you receive an “all clear” signal from Alertus and Rave, the university's notification systems.
FIGHT: Take action to disrupt or incapacitate the shooter
- As a last resort, fight. If you cannot evacuate or hide safely and only when your life is in imminent danger, take action.
- Attempt to incapacitate or disrupt the actions of the shooter.
- Act with physical aggression toward the shooter.
- Use items in your area such as fire extinguishers or chairs.
- Throw items at the shooter if possible.
- Call 911 when it is safe to do so.
Immediately after an incident:
- Wait for University Police Department officers or other law enforcement to assist you out of the building, if inside.
- When law enforcement arrives, students and employees must display empty hands with open palms.
Note:
- Understand that gunfire may sound artificial. Assume that any popping sound is gunfire.
- If there are two or more persons in the same place when a violent incident begins, you should spread out in the room to avoid offering the aggressor an easy target.
- Be mindful that violent attacks can involve any type of weapon, not just a gun. Knives, blunt objects, physical force or explosives can be just as deadly as a gun. The suggested actions provided here are applicable in any violent encounter.
- Plan ahead: Visualize possible escape routes, including physically accessible routes for students and staff with disabilities and others with limited mobility.