Weapons Policy

This policy is applicable to all members of the University community, including all students, faculty, staff, visitors, contractors and guests to the University or any of its facilities or events.

Policy

As an institution of higher education, Barry University is committed to providing an environment free of the fear of violence. Weapons are incompatible with the learning environment and inappropriate in the academic setting. The University prohibits the use, storage and possession of weapons, with limited exceptions, to help ensure a safe and secure living and learning environment.

In accordance with Sections 790.115 and 790.251, Florida Statutes, persons other than law enforcement officers are prohibited from possessing firearms and weapons on school campuses.  This prohibition includes all weapons, and ammunition, other than ordinary pocket knives, legitimate tools needed to complete work on campus and other limited exceptions defined in this policy. This prohibition includes firearms or weapons located anywhere on a university campus or facility operated by the university or university event, including on one’s person, in a motor vehicle, in an office, or in a residence hall, on campus apartment or any University residential unit.

In addition, pursuant to Section 790.115(2)(a)3, Barry University waives the Section 790.25(5) exception noted above for the purposes of student and campus parking privileges. As such, no firearms are permitted to be carried or stored in a vehicle on Barry University property. 

The use and possession of weapons on any University campus or facility and at all University events are governed by the following guidelines:

  1. Possession of firearms and weapons are prohibited to all persons except law enforcement officers. Any officer not in uniform must wear visible law enforcement ID.
  2. Persons authorized by their employer, and duly licensed and legally permitted under the laws of the State of Florida to possess weapons, such as employees of armored car services that collect or transport cash, check, valuables, etc., may do so on the premises of the University.
  3. Antique weapons may be used for classroom instructional purposes with the approval of the Provost and notification to the Director of Public Safety.
  4. The use of prop weapons in theatrical productions and the like requires advance written permission of the Provost and notification to the Director of Public Safety.

Definitions

Weapons: Any firearm, sword, sword cane, dirk, knife, metallic knuckles, slingshot, billie, bow and arrows, crossbow, spear gun, traditional martial arts weapons (such as throwing stars), tear gas gun, chemical weapon or device, electric conducive device (either contact or dart-firing), destructive device (e.g., bombs), or other deadly weapons except a common pocket knife, plastic knife, blunt-blade table knife, kitchen knives in designated food preparation areas, or pocketsize self-defense chemical spray of not more than two ounces. 

Firearm: Any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.

The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. 

Ammunition: Any material capable of being projected by a weapon and which makes the weapon operational.

Law enforcement officers

  1. All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;
  2. Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality or subdivision thereof, duly authorized as a condition of employment to carry a concealed weapon;
  3. Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from military duty, or under orders;
  4. An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;
  5. All peace officers; and,
  6. All state attorneys and United State attorneys and their respective assistants and investigators.

Locations at Which Policy Applies

For purposes of this policy, the premises of the University are defined as any property, building, or portion of a building or property that Barry University owns or occupies, whether on a temporary or permanent basis, and any off-site premises where Barry University is conducting any activity sponsored by the University. This includes all parking lots, parking areas, sidewalks and walkways and all university –owned-leased vehicles and equipment.

Enforcement

Violation of this policy by employees constitutes misconduct and may subject the offender to discipline including immediate termination.

Violations of this policy by students will be adjudicated in accordance with the Student Code of Conduct. Depending on the circumstances, violation of this policy may subject the offender to discipline up to an including dismissal from the University.

Violation of this policy by individuals visiting or conducting business on University property (owned or leased) will result in the individual being required to leave the University property or event as the case may be and may also result in the individual receiving a directive to remain off University property. 

Any weapon(s) on campus or on any University property (owned or leased) or event in violation of this policy may be confiscated by University personnel or law enforcement.

Gaming Use

In case of gaming events, prop weapons will only be allowed provided they are composed of cardboard, foam, wood or other light materials They will be allowed only if they cannot be mistaken for real weapons. The barrels of all prop firearms MUST BE covered with brightly colored caps. All prop weapons must be inspected and approved for use by a representative of the Office of Public Safety. All approved prop weapons must be in plain view and cannot be concealed

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