Campus Self-Defense Act

Overview

In the Spring of 2023, the Campus Self-Defense Act (§18B-4-5b), was signed into law by Governor Jim Justice. This law will allow any individual with a valid license to carry a concealed weapon (pistol or revolver only) in designated areas on Eastern’s campus locations starting July 1, 2024. See policy for dangerous weapons prohibited from Eastern campus locations.

Licenses to carry a concealed weapon are issued by the State of West Virginia pursuant to §61-7-4, §61-7-4a or recognized by §61-7-6a of the WV Code. The bill also prevents institutions like Eastern West Virginia Community and Technical College, the West Virginia Higher Education Policy Commission or the West Virginia Community and Technical College System, from implementing policies that restrict concealed carry.

To view the bill in its entirety, click here.

Frequently Asked Questions

Can I legally carry a gun on Eastern property?

Until July 1, 2024, the answer is no. Eastern prohibits the possession or storage of deadly weapons and destructive devices on campus.

What will change on July 1, 2024?

July 1, 2024 is the effective date for the Campus Self-Defense Act found here.

Why is Eastern making this change?

All higher education institutions in West Virginia are required to adhere to the Campus Self-Defense Act.

Is it possible that the law will not go into effect?

No. Though there has been much concern and debate over the Campus Self-Defense Act, Eastern is required to follow state law.

5. How does the law define pistol? How does the law define revolver?

Pistol is defined as “a short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand.”

Revolver is defined as “a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.”

“By the use of a single hand” is the key phrase. Also, the pistol or revolver must be concealed and carried by a person who is licensed to do so.

After the law change on July 1, 2024, will people be able to carry guns openly on campus property?

No. Only people who are licensed to carry a concealed pistol or revolver will be permitted to have the weapons in areas where they are allowed, and the weapons must not be visible. Eastern will still prohibit other firearms, deadly weapons and dangerous objects. See Board Policy 6.16 - Deadly Weapons and Dangerous Objects.pdf.

7. If I have a current and valid concealed carry license from another state, will I be able to legally carry a pistol or revolver on permitted college property after July 1, 2024?

Yes, if the license was issued in a state that has reciprocity with West Virginia. The reciprocity list can be found here.

Is a provisional license issued under West Virginia law acceptable under the Campus Self-Defense Act?

Yes.

If most people can carry a gun in West Virginia without a license, why does someone need a concealed deadly weapon license?

Although West Virginia is a constitutional carry state, a license to carry a concealed deadly weapon may provide an individual with some additional rights to carry a weapon in places where it might otherwise be prohibited, including other states or in specific areas on college campuses in West Virginia.

Where can I get more information about obtaining a current and valid license to carry a concealed weapon?

In West Virginia, applications for concealed carry permits are processed through sheriff’s departments in counties of residence. For non-residents, applications can be filed at any county sheriff’s department.

Is training required to carry a concealed weapon in West Virginia?

West Virginia law requires the completion of a training course in handling and firing a handgun “with live firing of ammunition by the applicant.”

The Campus Self-Defense Act does not require any specific additional training.

Where can I learn more about the gun laws in West Virginia?

The West Virginia Attorney General’s Office published A Guide to Concealed Handgun Laws in West Virginia in July 2020, and it contains a significant amount of useful information for those wanting to learn more about the gun laws in West Virginia. The guide can be found here.

What are the exceptions to the requirements in the Campus Self-Defense Act?

In general, the state law allows for exceptions to the Campus Self-Defense Act, meaning all guns, including pistols and revolvers, will remain prohibited for even licensed carriers in certain campus locations. Read more about the exceptions listed in state code here.

To address specifics of exemptions at Eastern locations, see Board Policy 6.16 - Deadly Weapons and Dangerous Objects.pdf.

14. Under Board Policy 6.16 - Deadly Weapons and Dangerous Objects.pdf., where on campus are concealed pistols and revolvers allowed by those with a current and valid license beginning July 1, 2024?

Eastern allows concealed pistols or revolvers to be carried on all college locations by individuals with current and valid concealed carry licenses except the exemptions listed in the policy.

If I have a valid concealed carry license, where am I NOT allowed to carry my pistol or revolver on all Eastern locations starting July 1, 2024?

Per Board Policy 6.16 - Deadly Weapons and Dangerous Objects.pdf., concealed carry will remain prohibited after the Campus Self-Defense Act takes effect on July 1, 2024 in the following areas:

In an on-campus room or rooms where a previously announced student or employee disciplinary proceeding is held;

In a sole occupancy office, when the occupant has placed a visible sign outside the office stating weapons are prohibited (if dual occupancy or higher, this exception does not apply);

In high hazardous and animal laboratories (i.e. Science labs - Rooms 205 and 208 and Eastern Technology Center in Petersburg);

At a primary or secondary education school-sponsored function held in a specific location on College property that is rented, leased, or under the exclusive use of the West Virginia Department of Education, the West Virginia Secondary Schools Activities Commission, a county school board, or local public school for the actual period of time the function is occurring;

At a private function held in a specific location on College property that is rented, leased, or under the exclusive use of an entity that is not affiliated with the College for the actual period of time the function is occurring.

In any area on Eastern property where possession of a firearm is prohibited by Sate of federal law.

If there are minors on campus in a certain area, does that area automatically fall under the exceptions to the Campus Self-Defense Act, meaning no campus carry?

No. Only daycare facilities and specific functions under exclusive use of the state Department of Education, the West Virginia Secondary Schools Activities Commission, a county school board or a local public school are exempt. Prohibited areas may be identified with signs.

What is a “sole occupancy” office?

A “sole occupancy” office is defined as a room with at least one door and walls that extend to the ceiling that is assigned to one person as a workspace.

I work in a “sole occupancy” office that does not fall under any other exceptions. What do I need to do to block concealed carry by others in my workspace?

Occupants of these types of “sole occupancy” offices wishing to request an approved sign for a prohibited area can do so by submitting a signage request here. The Human Resources Office will provide you a sign promptly.

Faculty members are encouraged to use the statement below addressing concealed carry in their syllabi.

Campus Carry Syllabus Statement

(For Faculty that wish to prohibit firearms in a sole occupancy office.)

Consistent with college policy and the Campus Self Defense Act, this statement serves as notice that my office is a sole occupancy office, and concealed pistols and revolvers are prohibited in it. Students, parents, staff or any other individual visiting my office, whether scheduled or unscheduled, are required to appropriately secure any firearms in their possession before entering the office premises.

This only applies to concealed pistols or revolvers covered under the Campus Self Defense Act. The open or concealed carrying of any firearm other than a pistol or revolver OR the carrying of any other deadly weapon and dangerous object as defined in the Policy onto any Eastern location will subject the carrier to disciplinary action and possible legal action. For more information, see Board Policy 6.16 - Deadly Weapons and Dangerous Objects.pdf.

What if my office, which falls under the “sole occupancy” definition, is located in an area where pistols or revolvers are prohibited? Can I still legally carry a concealed pistol or revolver?

No. If the only access to a potentially allowable space is through a prohibited area, concealed carry is prohibited in the entire area.

I am attending a private function at an Eastern location that is being rented, leased or designated for the exclusive use of that private entity. How will I know if concealed pistols or revolvers are permitted?

It is up to the private entity to provide information about the concealed carry allowances.

21. If I have a valid concealed carry license, can I carry my pistol or revolver in my backpack?

Yes, if the backpack is always in your sole, close possession. Please note that “concealed” is defined as “hidden from ordinary observation so as to prevent disclosure or recognition.”

I am an employee with a valid concealed carry license. Am I allowed to carry my firearm while driving a state vehicle or a rental vehicle while on college business?

If you are on campus, then it does not matter whether you are in a vehicle – the general rule will apply. However, if you are off campus, then employees will be subject to the applicable laws, and it is your responsibility to know them. Although employees may be able to carry on campus, there is nothing in the Campus Self-Defense Act or the Business Liability Protection Act that allows employees to store pistols or revolvers in state vehicles.

Who is responsible for knowing and following the provisions in the Campus Self-Defense Act?

The individual carrying the pistol or revolver is expected to know and follow applicable laws.

What should I do if I see a person carrying a pistol, revolver or any other type of deadly weapon or dangerous object openly?

The law requires pistols and revolvers to remain concealed (limited exceptions include law enforcement officers).

If a person’s pistol or revolver is not concealed — meaning it is fully showing, outlined or becomes visible as they move — contact one of the designated staff members listed below and provide as much information as possible. They will follow up with the situation immediately.

Jaennae Snyder, Human Resources Representative/Title IX Coordinator

jaennae.snyder@easternwv.edu

(304) 434-8000 Ext 9275

Dr. Thomas Striplin, President

thomas.striplin@easternwv.edu

(304) 434-8000 Ext 9227

Monica Wilson, Vice President of Academics and Student Services

monica.wilson@easternwv.edu

(304) 434-8000 Ext 9235

If you see a rifle or larger firearm on campus or if anyone is ever acting in a threatening or suspicious manner with any firearm, including a pistol or revolver that is supposed to be concealed, call 911 immediately.

How will I know where concealed carry is allowed and where it is not on campus starting July 1, 2024?

In certain instances, outside exemptions stated above, signs will be used to designate excluded areas. Ultimately, though, it is up to the concealed carry license holder to know the specifics of Board Policy 6.16 - Deadly Weapons and Dangerous Objects.pdf. and to follow the regulations while on Eastern locations.

What if I am carrying a concealed revolver or pistol and I have to go into an area where concealed revolvers and pistols are prohibited?

Members of the Eastern community should make plans to store or leave at home anything that would be prohibited in a specific area where they must go to do their job or attend class.

Employees or students may, consistent with their schedule, decide to secure any pistols or revolvers they may be carrying in their vehicles as long as vehicles are locked and guns are out of view, as required by the West Virginia Business Liability Protection Act.

What happens if an Eastern employee or student violates this policy?

Any employee or student who does not follow the requirements of Board Policy 6.16 - Deadly Weapons and Dangerous Objects.pdf. could face disciplinary action, including a warning, suspension, termination or other appropriate step. Conduct that may not violate this specific policy could still be prohibited under a different policy or regulation which may lead to additional action.

What happens if a person who is not an Eastern employee or student violates the policy?

That person may be asked to leave campus or temporarily turn over the prohibited item. Refusal could potentially lead to a misdemeanor charge or a trespassing violation.

29. What kind of training does Eastern offer on gun safety?

Eastern offers active shooter trainings to its employees through an online training platform as well as in person training.

30. As a student, am I safe on campus? As a faculty or staff member at Eastern, am I safe on campus? As a parent, is my student safe on campus?

We want everyone who enters the doors to any Eastern location to feel safe. We are committed to following the law while at the same time protecting our students, staff and community. Members of the Safety Committee, along with the President, will monitor implemented safety measures and improve these processes as needed.

See the latest Clery Act report here.

How will I receive information and updates about the Campus Self-Defense Act specifically at Eastern?

Now that Board Policy 6.16 - Deadly Weapons and Dangerous Objects.pdf. has been finalized and adopted, Eastern will provide additional information regarding implementation and will share updates with the college community through the website, email communications and social media.