16.06 – Firearms and Other Weapons

PART 1: AUTHORITY AND PURPOSE

A. AUTHORITY: New Mexico Statutes, NMSA 1978, 30-7 and corresponding rules, regulations, and university policies, regulate the possession of Firearms and other Weapons. The Board of Regents has delegated authority to the university Police Chief to promulgate reasonable standards, other requirements and supplemental procedural guidelines for individuals permitted, within this policy, to enter and carry Firearms or other Weapons on University Premises or in University Vehicles. RPM 16.67.

B. PURPOSE: Establish policy to regulate the possession of Firearms, Ammunition, Explosives, and other Weapons to preserve the learning and working environment, promoting an environment of protection of the public’s health, safety, and welfare, while respecting people’s rights under federal and state laws.

PART 2: KEY POLICY STATEMENT(S)

The Board of Regents recognizes that the unauthorized possession of Firearms, Ammunition, Explosives, or other Weapons on University Premises, is inconsistent with the academic mission of the university. University employees, students, affiliates, and guests must comply with federal and state laws and University policy governing Firearms, Ammunition, Explosives, and other Weapons while on University Premises or in University Vehicles.

A. Firearms, Ammunition, Explosives and other Weapons Prohibited: No person, of any age, is permitted to carry or store Firearms (concealed, or not concealed, with or without a concealed-Weapon permit), Ammunition, Explosives, or other Weapons, on University Premises except as permitted under federal or state law or this policy.  Furthermore, negligent handling of any Firearm or Weapon within a vehicle or removing it from the vehicle while on University Premises is also prohibited, NMSA 30-7-2.4.

B. Public Notification: University will conspicuously post notices on premises to notify the public that it is unlawful to carry a Firearm on University Premises, in accordance with law, NMSA 1978 30-7-2.4.B.

C. Travel to/from Events: All University students, faculty, staff, affiliates, and guests are prohibited from possessing or carrying any Firearms, Ammunition, Explosives, or other Weapons on University Premises while representing the University at any location, or when traveling to and from University-Sponsored events, including but not limited to team travel to athletic events.

D. Exemptions: Firearms and Weapons may be allowed on University Premises as stated below. The below exceptions do not apply to anyone prohibited by law from possessing a Firearm or Weapon (i.e., convicted felons).

1. 1. Individuals on land owned by the University, which is leased to another party and no longer under the operational control of the University, unless specifically stated otherwise in the terms of the lease.
   2. Peace Officers on duty with their respective agencies, legally authorized to possess Firearms and Weapons as part of their employment or position and has proper identification on their person.
   3. Off-duty or retired Peace Officers are allowed to carry Firearms and Weapons on University Premises, if they meet and are permitted under 18 U.S.C. Sections 926B-C (LEOSA). As attendee at a university event, an off-duty or retired Peace Officer is required to notify the assigned event law enforcement staff prior to entering and off-duty or retired Peace officers must abide by their agency policies.
   4. University security personnel are authorized to carry a departmental Firearm when on duty, reporting for duty, or leaving duty.
   5. Prior to carrying or possession of Firearms or Weapon, individuals falling in one of the categories below can request exemption and must complete the Firearms Authorization Form. Authorization is not complete until final written authorization is granted by the University Police Chief or designee serving in their absence.
      1. An off-duty or retired Peace Officer and security personnel living in campus housing, which also requires prior written approval from the University Housing Director or appropriate facility supervisor, to possess properly secured Firearms within the residence.
      2. Security personnel contracted as a third-party for security service on University Premises. This applies to properly trained/licensed individuals and if authorized is limited to carrying a firearm only when on duty, reporting for duty, or leaving duty.
      3. Students, instructors, or other university authorized personnel engaged in reserve officer training corps program (ROTC), or state authorized hunter safety training program. Authorized personnel and program must have prior authorization from the appropriate university administrator.
      4. Employees and sponsored individual(s) conducting or as participant in a university approved program, class, or other activity involving Firearms or other Weapons, upon written approval from the appropriate university unit Dean, NMDA Director, or Vice President. Academic classes involving the use of a Firearm must also have the approval of the Provost or Chancellor, or highest-level administrator of the particular campus.
      5. Transportation of Firearms or Weapons in university-owned vehicles, must also obtain Dean, NMDA Director, or Vice President approval.
      6. As otherwise required by state and federal law.

E. Limited possession of Firearms or Weapons: Authorized personnel and approved participants may only have a Firearm on University Premises immediately prior to, during, and after the authorized activity.

1. 1. Firearms must be unloaded and locked inside approved containers during transportation to and from an authorized NMSU activity.
   2. Must keep on their person, the NMSU Police Department issued authorization/identification card when utilizing a Firearm on campus.

F. Responsibility for Safety: Instructors or supervisors of authorized activities are responsible for maintaining constant safety in operation of Firearms and maintain records documenting activities and ongoing training as required by University Police Department standards, click here.

G. Reporting: Violation of this policy, including discharge of a Firearm on university premises, must be immediately reported by contacting NMSU police dispatch at 575 646-3311 and in an emergency dial 911. University Police will distribute incident report in accordance with law.

H. Violation and Sanctions: It is every individual’s responsibility to adhere to and to handle Firearms, Ammunition, Explosives, or other Weapons within federal and state laws and university policies. Any person who violates laws or policy is subject to enforcement actions, such as confiscation of Firearms and Weapon(s), removal or ban from NMSU Premises, expulsion, disciplinary action up to termination, legal action, and federal or state criminal charges. NMSU reserves the right to employ any legal means, including mechanical, electronic or x-ray devices to detect concealed Firearms, Weapons, Ammunition, Explosives, or other hazardous material in baggage or upon the person while on University Premises or attending university-sponsored activities and to take possession of any Firearm, Weapon, Explosive or other hazardous item and turn over to law enforcement.

PART 3: KEY PROCESS ELEMENTS

Key procedural steps are provided in this section to facilitate the administration and enforcement of this policy. Accompanying administrative procedures, forms, protocols, permits, reference material and other resources, utilized in the application or enforcement of and consistent with this policy are provided on the NMSU Police Department website.

A. Initiation of Request for Exemption: An individual, group or entity may request approval for exemption to possess Firearms, Ammunition, Explosives, dangerous or other Weapons on University Premises solely through the University Police Department. The Firearms Authorization Form must be complete in all sections or will be returned to requestor without consideration. Safety plans, emergency procedures, background checks, training, or other safety requirements may be requested as detailed in the Standards and Requirements for Firearms on University Premises.

B. Review by University Police Chief or designee: Each submission will be reviewed and evaluated based on the documented business need and are subject to denial.

C. Safe Operation of Firearms and Weapons Acknowledgement: Authorized individuals must sign, read, understand, and acknowledge individual responsibility as instructor, student, and other university personnel authorized to possess Firearms, Ammunition, Explosives, or Weapons.

D. Emergency Procedures and Required Training: Emergency procedures to be followed in the event of an injury or accidental discharge, use of a Firearm(s) or Weapons, safety plans and locations of any live firing is provided on NMSU Police Department website. In an emergency dial 911.

E. Retention of Records: Copies of all registration and training records must be retained in accordance with state and university retention requirements, see ARP 14.10.

PART 4: DEFINITIONS

A. Ammunition: A supply or quantity of bullets and shells for use in a Firearm.

B. Explosives: Any chemical compound or mixture or device, the primary or common purpose of which is to explode and includes but is not limited to dynamite and other high Explosives, fireworks, black powder, pellet powder, initiating Explosives, detonators, safety fuses, squibs, detonating cord, blasting caps, timers, incendiary wire and the like, igniter cord and igniters or any improvised compound with the same properties etc.

C. Firearm: Firearm includes any handgun, rifle, or shotgun and any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of a Firearm, any Firearm muffler or Firearm silencer.

D. Negligent Handling: Display or make a Firearm or Weapon known to another person with intent to intimidate or injure.

E. Peace Officer: Any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.

F. University Police Department: Department comprised of Peace Officers, as members of the NMSU Police Department who have completed Law Enforcement Training Act requirements, employed by and wearing a distinctive badge bearing the name of NMSU, issued to each officer by the board of regents.

G. University Premises: Property owned and controlled and operations under the control of the NMSU Board of Regents, including on-campus housing, or in a university owned or leased vehicle, buildings and grounds of the university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; and other public buildings or grounds. This includes playing fields and parking areas that are not university property on which university-related and sanctioned activities are performed.

H. University Vehicle: Any vehicle rented, leased, owned, controlled, or otherwise used for NMSU business and activities.

I. Weapon: A Firearm or any other object that, in the manner of its use or intended use, is capable of or used with an intent to cause fear in, assault or harm another person. Under this policy, Weapons include Firearm or any other object that, in the manner of its use or intended use, may be used to threaten, or harm or can cause death or serious bodily harm.

SUPPLEMENTAL INFORMATION

(For Administrative Purposes “Non-Exhaustive”)

Contact the University Police Department for additional information not covered in this policy and for corresponding procedures.

Email: police@nmsu.edu

Direct Line: (575) 646-3311

Education and Use: NMSU University Police or other units may conduct training or awareness, proper use, and legal parameters in use of self-defense resources such as pepper-spray, see University Police Safety Programs.