PG-62 Weapons Policy

DEFINITION:

For purposes of this policy, “deadly weapon” means:

• A weapon of mass destruction;
• Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged;
• Any knife other than an ordinary pocket knife;
• Billy, nightstick, or club;
• Blackjack or slapjack;
• Nunchaku karate sticks;
• Shuriken or death star; and,
• Artificial knuckles made from metal, plastic, or other similar hard material

BACKGROUND:

The Kentucky Supreme Court issued an opinion in Mitchell vs. University of Kentucky defining the parameters of an institution’s ability to control weapons on its campus. To comply with expressed legal mandates set forth in the opinion, the following policy is adopted.

POLICY:

Possession, concealed or otherwise, use or storage of deadly weapon as defined above such as firearms, explosives, dangerous chemicals or other dangerous weapons or the brandishing of any weapon or any other object in a menacing or threatening manner is strictly prohibited on any property owned, leased, operated, or controlled by Morehead State University, including University housing and University vehicles.

EXCEPTIONS:

The following are exceptions to this policy:

• Possession of deadly weapons by peace officers acting in the course of official duties;
• Possession of deadly weapons as a part of legitimate academic, athletic, or work-related activities (e.g., historical preservation, law enforcement training, ROTC activities, rifle team, etc.);
• Possession of a knife as part of a legitimate cutlery set (or individual piece of cutlery) as may be reasonably necessary by the possessor for food preparation;
• Possession of a deadly weapon pursuant to KRS 237.109 and KRS 237.110, to the extent the firearm remains in the vehicle and is not removed (KRS 527.020(4));
• Possession of a deadly weapon if it is located in a non-University motor vehicle and in an enclosed container, compartment, or storage space installed as original equipment in the motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism (KRS 527.020(8));
• Possession of a deadly weapon by persons who are specifically authorized by KRS 527.020 to carry concealed deadly weapons on or about their persons at all times and at all locations within the Commonwealth. Such persons include but are not limited to: Commonwealth’s Attorneys, judges of the Court of Justice, conservations officers of the Department of Fish and Wildlife, elected sheriffs, and peace officers from other jurisdictions. For a complete listing of persons authorized to carry concealed deadly weapons within the Commonwealth and the conditions for which the carrying of the deadly weapon is authorized, see KRS 527.020;
• Possession of deadly weapons by a person specifically authorized in writing to have such possession by the President, or his or her designee, but only if such person fully complies with any and all restrictions imposed upon such possession by the President, or his or her designee. Authorization for possession shall be for a time certain, but in no case longer than six months unless specific written authorization is again obtained.

VIOLATIONS:

Students who possess deadly weapons in violation of this prohibition are guilty of violations of the Student Conduct Code and are subject to disciplinary action under that Code, including expulsion from the University, and all other appropriate legal actions.

Faculty and staff employees who possess deadly weapons in violation of this prohibition are guilty of misconduct and subject to corrective action under the appropriate University Policy, including termination of employment and all other appropriate legal actions.

Others who possess deadly weapons in violation of this prohibition shall be directed to remove their weapons or themselves from the University’s property or premises and shall be subject to all other appropriate legal actions.