Firearms, Weapons, and Concealed Carry Procedure
Administrative Procedure 3.902
Purpose
On July 9, 2013, the Illinois General Assembly passed the Firearm Concealed Carry Act (Public Act 98-63), codified at 430 Illinois Compiled Statutes 66. The Firearm Concealed Cary Act authorizes public and private universities to promulgate policy regulating the use of weapons on their campuses. Community College District No. 509, commonly known as Elgin Community College (hereinafter referred to as "ECC") is committed to providing a safe and secure environment for the ECC Community and its guests. In support of this commitment, ECC establishes restrictions on the ability to carry firearms or weapons on its ECC Campus.
Policy
ECC maintains a Firearms and Weapons-Free Campus. "Campus" includes, but is not limited to, the ECC Campus and any extension, remote or off-site facilities, whether owned, leased or controlled by ECC, where ECC programs, activities and classes are held. No person covered by this policy, unless authorized by law or specifically exempted by federal or state law or ECC regulation, is authorized to have in their possession a firearm or weapon at a time when engaging in ECC-related business or activities.
Persons Covered by This Policy
This Policy applies to all employees, students, vendors, contractors, persons conducting business, or individuals visiting the ECC Campus, including, but not limited to, prospective students, former students and their respective families and the general public.
Weapons, Firearms and Other Prohibited Activities
It is the Policy of ECC to Prohibit:
- any person covered by this Policy from possessing a firearm or weapon on property owned, leased or controlled by ECC, even if that person has a valid federal or state license to possess a firearm or weapon.
- any person covered by this Policy from displaying, brandishing, discharging or otherwise using any and all firearms or weapons, including concealed firearms or weapons.
- any person from making threats, engaging in acts of violence, or bullying, especially if a firearm or weapon is involved. Such behavior will not be tolerated and may result in arrest and prosecution, immediate discharge, expulsion and/or banishment from campus.
Exceptions
The provisions of this Policy do not apply to the possession of firearms or weapons in ECC vehicles, ECC buildings, on ECC grounds, or at any ECC-sponsored activity if the possession of the firearm or weapons is:
- used in immediate connection with a weapons safety course, weapons education course or weapons training course being conducted for law enforcement personnel only, at the time the firearm or weapon is being carried, offered in the regular course of business, or approved and authorized by ECC.
- carried by a full-time law enforcement officer on active duty required to carry a firearm or weapon as a condition of his or her employment; a part-time law enforcement officer on active duty conducting official business, carried by a law enforcement officer on active duty from an external agency conducting official business at ECC, or a retired law enforcement officer who has qualified by his or her parent agency to carry a firearm and possesses a retired officer carry card under the Federal Retired Officer Carry Act.
- in possession of guards of armored car companies, who are authorized to possess weapons under the laws of the State of Illinois, while actually engaged in the performance of their duties as contracted by ECC.
- a simulated firearm or weapon authorized and permitted in connection with an ECC-related theatrical production (e.g., stage play or film production, or rehearsals for them).
These exceptions to the concealed carry prohibition do not apply to off-duty law enforcement officers on campus including off-duty law enforcement officers in their capacity as students at ECC.
Locations at Which Policy Applies
For purposes of this Policy, "property of ECC" includes any vehicle, building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, all College-related organization property whether leased or owned by ECC, and all ECC-officially-recognized organization property whether leased or owned by ECC and any real property, including parking areas, sidewalks, and common areas under the control of ECC.
Signage
ECC shall clearly and conspicuously post signs at all entrances stating that concealed firearms are prohibited. Signs shall be in accordance with the design approved by the Illinois State Police.
Parking
A firearm or weapon may be carried within a vehicle if the firearm or weapon and its ammunition remain locked out of plain view within the parked vehicle. A firearm or weapon and its ammunition may be stored in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. "Case" includes a glove compartment or console that completely encloses the firearm, weapon and its ammunition, the trunk of the vehicle or a firearm carrying box, shipping box or other container. The firearm or weapon may only be removed for the limited purpose of storing or retrieving the firearm from the trunk of the vehicle. A firearm or weapon must first be unloaded before removing it from the vehicle.
Enforcement
Any individual visiting or conducting business on ECC property found to have carried a firearm or weapon onto the property of ECC knowingly, or under circumstances in which the person should have known that he or she was in possession of a firearm or weapon, is subject to arrest and may be permanently banned from the ECC campus, leased buildings, or other areas under the control of ECC.
Any student found to have carried a firearm or weapon onto the property of ECC knowingly, or found to be carrying a firearm or weapon under circumstances in which the student should have known that he or she was in possession of a firearm or weapon, is subject to arrest and discipline, up to and including expulsion from ECC and being banned from campus.
Any employee found to have carried a firearm or weapon onto the property of ECC knowingly, or found to be carrying a firearm or weapon under circumstances in which the employee should have known that he or she was in possession of a firearm or weapon, is subject to arrest and subject to discipline, up to and including immediate termination.
Any individual found to have carried a firearm or weapon onto the property of ECC knowingly, or found to be carrying a firearm or weapon under circumstances in which the individual should have known that he or she was in possession of a firearm or weapon, is subject to arrest and may be subject to legal action. Violations of this policy may result in referrals to external law enforcement agencies.
Reporting Requirements
The President of ECC has the authority to promulgate protocols for the implementation of this policy, including but not limited to delegating required reporting responsibilities.
Definitions
"Bullying" is defined as: conduct by any person covered by this Policy that is intended or that a reasonable person could know is likely to harm students by substantially interfering with educational opportunities, benefits, or programs of one or more students, or conduct that adversely affects the ability of a student to participate in or benefit from the College's educational programs or activities by placing the student in reasonable fear or actual and substantial physical harm, mental harm, or emotional distress
"Firearm" for purposes of this Administrative Procedure and as defined in the Illinois Firearm Concealed Carry Act is defined as: a loaded or unloaded handgun. All other firearms and weapons shall continue to be prohibited from all campus areas.
"Handgun" is defined as: any device, which is designed to expel a projectile by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand.
"Weapon" is defined as: any device whether loaded or unloaded, that shoots a bullet, pellet, flare or any other projectile including those powered by CO2. This includes but is not limited to rifles, shotguns, handguns or other firearm, BB/pellet gun, flare gun, stun gun or dart gun and any ammunition for any such device. Any replica of the foregoing is also prohibited.
Any explosive device including firecrackers and black powder.
Any device that is designed or traditionally used to inflict harm including but not limited to any "ballistic knife" or "switchblade knife", throwing knives, dagger, razor or other cutting instrument the blade of which is exposed.