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My professional perspective is working as a middle school counselor. I received my M.Ed. in School Counseling and previously worked as an elementary teacher for seven years. This Legal Guide Padlet is a resource guide for administrators, teachers, and other educational professionals at all levels to help them in understanding the current laws over campus carry policies for higher educational institutions. I chose this topic because of how prominent gun use and violence has become across our country. The issue of guns is a topic that many people see as black and white, either you believe in them or you are against them. Because of this notion campus carry laws bring up controversy across all educational levels. My hope is that this Legal Guide Padlet will help educate people on laws so that open and calm conversations can be held between individuals over campus carry policies.

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I interviewed the department head of Carrollton- Farmers Branch Independent School District for Safety and Security, Jack Merrell, over his views on campus carry.

How does your background support your job title as department head for Safety and Security here in CFBISD?

Mr. Merrell shared that he has been around safety and weapons his whole life. He was raised around them as a child and taught to use guns and knives when hunting. He also was in the United States Army Military Police where he served for three years at Fort Hood and Carswell Airforce Base. He is a retired police officer as well where he worked for the City of Lewisville for 18 years. Mr. Merrell has worked for CFBISD for 14 years as the department head. Mr. Merrell shared that his background has given him the knowledge and grit to not only educate others but put into place a system to keep the district safe. He explained that his job is not an easy task because many people have opinions on the way safety procedures should go. Over the years he has had to alter procedures and drills to fit the needs of the times. School shootings across America have been some of the most educating tools he has learned from in bettering CFB's plan. Mr. Merrell also shared that he has educated himself over the campus carry laws because his nephew attends the University of Texas at Austin where campus carry is legal and participated in. His nephew does participate in carrying a small concealed handgun on him.

How does campus carry affect our school district even though we do not have the law across our school levels?

Mr. Merrell explained that though we do not apply the law to our schools it is still a big part of Texas law and many of our students attend Texas Universities and colleges after they graduate from CFBISD, so it is important for our students and community to have knowledge on the topic. He shared that when students and faculty are educated over a topic like campus carry they will usually have more respect for the law even if they do not support it. Also, students and faculty are more likely to make smart decisions when it comes to carrying a weapon if they are educated over the terms and responsibilities at hand.

How do we educate our students, faculty, and school personnel over gun safety and campus carry?

In past years we have focused on educating our faculty and school personnel through district-wide training over topics like classroom lockdown, school lockdown, warning signs to watch for, and why our school officers carry a gun. This upcoming school year our district is adding a new initiative with our safety and security procedures that is laser-focused on keeping our students and staff safe. Anyone who works in the district will be required to attend multiple trainings over the subjects of gun control, active shooter procedures, staff responsibilities over safety and security, and how to keep our students safe and aware over the matter of violence and weapons. We will also be updating all school doors with new handles, setting up buzzer doors at all schools, and building vestibules for every campus. Our hope as a district is that everyone will become aware of how it is important to keep each other safe at all times. We want our families, students, and staff to feel safe when they come to learn.
Mr. Merrell explained that the topic of campus carry is held for the older grades in high school. The school counselors hold a discussion over the topic when they do college talks with the juniors and seniors.

How do you personally keep yourself up to date on the topic of campus carry and any new laws or updates that may be put out on this subject?

Mr. Merrell shared that knowing and understanding laws dealing with safety and security is his job. He uses simple tools like the news and internet to research certain situations and topics. More formally he receives updates on all State of Texas legislation dealing with safety and security. Texas provides updates on the state website Texas.gov as well that is very helpful when more detail is needed.

(J. Merrell, personal communication, July 9, 2019)

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Mission Statement The CFBISD Security Department is dedicated to promoting safety, health, education, cultural awareness, good character, and leadership skills. It is our mission to help young people improve their lives by building self-esteem, and developing good values and skills during critical years of growth.

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3. Professional Association- Students for Concealed Carry 

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3. Professional Association- Students for Concealed Carry 

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Students for Concealed Carry on Campus is a national, non-partisan, grassroots organization composed of thousands of college students, professors, college employees, parents of college students, and concerned citizens who believe that holders of state-issued concealed handgun licenses should be allowed the same measure of personal protection on college campuses that current laws afford them virtually everywhere else. SCCC has members at post-secondary institutions across the country.

Students for Concealed Carry (SCC) was formed by Chris Brown, a political science student from The University of North Texas, immediately after the Virginia Tech shootings. Though the issue of college campuses being off-limits to concealed carry was something that had long irked concealed carry permit holders, it took a tragedy like the Virginia Tech massacre to rally so many like-minded people to this one cause. A website was built, ConcealedCampus.com and a new group emerged on Facebook, Students for Concealed Carry on Campus. Today, SCC has over 36,000 members and over 350 established chapters on college campuses and universities.

Students for Concealed Carry (SCC), (2019). How was Students for Concealed Carry started? Retrieved from https://concealedcampus.com.

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Students for Concealed Carry | Self-Defense is a Human Right

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We believe students, faculty, and members of the community with concealed handgun licenses should have the same right to self-defense on campus that they enjoy virtually everywhere else.

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4. Current News Article- Millennial Results Mixed on Guns, Carry 

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4. Current News Article- Millennial Results Mixed on Guns, Carry 

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In this article written by David Burnett, he explores the percentages of students who are for and against campus carry. He looks at multiple resources like College Pulse, Pew Research Center, Gallup, CNBC, Slate, and The Washington Post. This variety of resources provides a mixture of results of how millennial students feel on the subject of campus carry.
College Pulse suggests college students are less likely than their forebears to support armed self-defense, particularly on campus (Burnett, 2019).
30% say the right to own guns is essential, 41% say it's important but not essential, and 28% say it's not important (Burnett, 2019).

Pew Research Center's polling of Generation Y and under-30 show a years-long rise in support for firearm ownership and a steady decline in opposition. A full 43% of people under-30 responded that they own a gun (Burnett, 2019).

Gallup showed two-thirds of millennials believe guns make them safer (Burnett, 2019).

CNBC reports that 26% of millennials have purchased a gun and shooting sports in high school and college has been on the rise in recent years (Burnett, 2019).

One can conclude that the positions of Students for Concealed Carry are not in the radical minority, with at least ten states who support the campus carry law (Burnett, 2019).

Burnett, D. (2019, July 1). Millennial results mixed on guns, carry. Students for Concealed Carry. Retrieved from https://concealedcampus.org/2019/07/millennial-results-mixed-on-guns-carry/.

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A new survey of 2300 college students has put another data point on the map of opinions regarding campus carry.

The survey - or at least, the authors of its subsequent news release from College Pulse - attempt to suggest college students are less likely than their forebears to support armed self-defense, particularly on campus.

"[J]ust 30% say the right to own guns is essential to their personal sense of freedom, compared to 41% who say it's important but not essential and 28% who say it's not important," the report begins, before proceeding to say women are more likely than men to support gun control proposals and 36 percent of students would be very likely or somewhat likely to transfer colleges if campus carry were legalized.

Of course, as with any poll these results are subject to some interpretation and context. For starters, the same poll noted that 71 percent of these students said the right to own guns was either "important" or "essential" - including 65 percent of female respondents.

62 percent of students say they weren't likely to consider transferring colleges if campus carry were allowed ⁠- 75 percent male, 53 percent female.

A full half of respondents support concealed carry "most places" or "almost anywhere." A full third of students favor allowing college professors and school administrators to carry on campus (such as Tennessee's law).

With College Pulse being a relatively new player on the field, a review of more established polling organizations may also be in order to place these results in context. For example, the Pew Research Center's polling of Generation Y and under-30 (different measurements of essentially the same demographic) show a years-long rise in support for firearm ownership and a steady decline in opposition. A full 43 percent of respondents under 30 responded that they own (or live with someone who owns) a gun - the highest-performing age group except for adults 65 and older.

Gallup results from 2015 indicate only half of America's under-35 population endorses more gun control, while another Gallup poll showed two-thirds of millennials believe guns make them safer. According to CNBC, 26 percent of millennials have purchased a gun. (If this sounds like a small number, remember that the oldest possible age for millennials is 38.) Shooting sports in high school and college has been on the rise in recent years.

The phenomenon has journalists at Slate, the Washington Post and others puzzled that millennials seem more supportive of gun rights. And indeed, there's data to which both sides can point as an intellectual victory. Clearly, America's college students aren't just accepting every political narrative they're fed regarding campus carry. Suggesting America's varsity population is choked with mental illness, alcohol, suicide and reckless irresponsibility is probably not the best means of currying favor with them. Given that the average age of US Army recruits is under 21, while eighty-four percent of marines recruits are twenty years or younger, clearly the American public doesn't share the same contempt and distrust for college students as do professional anti-gun lobbyists.

In the end, it's apparent the positions of Students for Concealed Carry are not in the radical minority. They're mainstream, and due to tireless efforts from our members and supporters, they're the law of the land in at least ten states.

That doesn't mean there isn't work still to do, but there's far too much progress to be dismissed by a few cherry-picked numbers from one poll.

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A new survey of 2300 college students has put another data point on the map of opinions regarding campus carry. The survey - or at least, the authors of its subsequent news release from College Pulse - attempt to suggest college students are less likely than their forebears to support armed self-defense, particularly on campus.

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5. Current News Article- Guns Chill Free Speech- UT Austin Professors Will Argue at Federal Appeals Court  

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5. Current News Article- Guns Chill Free Speech- UT Austin Professors Will Argue at Federal Appeals Court  

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On July 11, 2018, The Texas Tribune published an article tilted Guns chill free speech, UT-Austin professors will argue at the federal appeals court. The article goes on to talk about how the University of Texas at Austin has some faculty and students who are protesting a law allowing people with concealed handgun licenses to enter campus buildings with their firearms. Two years ago, three UT-Austin professors filed a lawsuit against state Attorney General Ken Paxton and several leaders of the UT System over a 2015 law that allows concealed handguns on college campuses. The professors argued the law infringed their First Amendment right to academic freedom, saying a “chilling effect” pervades their classes when students can bring guns into the room (Choi, 2018). A federal judge turned down the request and dismissed the case last year, saying the professors failed to provide evidence that guns infringe on the professors’ free speech or that they have the authority to nullify state law in their classrooms (Choi, 2018). In February, two national activist groups- Students for Concealed Carry and the Students of Concealed Carry Foundation- filed a joint amicus brief in support of the policy, arguing that granting professors a degree of autonomy that bars licensed gun-carriers from entering their classroom will allow professors to use academic freedom to go against any policy they may be unhappy with or dislike. It was argued back that any normal person would advocate against campus carry and that having guns in the classroom intimidates students and faculty, limiting the scope of discussion in the classroom. The UT-Austin professors’ lawyer Max Renea Hicks also stated that “We have a Second Amendment right to have a gun in the home. It does not go beyond that” (Choi, 2018). The article ends with Hicks stating that all of her client’s concerns are reasonable thoughts to fight for.

The professors at UT-Austin seem to be struggling with having success in their fight against campus carry. The Supreme Court case Garcetti v. Ceballos, 547 U.S. 410 (2006), ruled that public employees do not have a First Amendment protection for speech issues as part of their official duties. Therefore, when it comes to the classroom, professors may have their own beliefs and say what they would like about the campus carry law but, in the end, their academic speech rights do not exist.

As a school counselor understanding and following laws are of high importance to being successful in my job. Any school employee knows that there can come a time when other coworkers can become upset about something new that has been put into place and have the right to speak against it. As a counselor, I need to be open to hearing what others have to say but still follow what the American School Counselor Association guidelines require of me. For students, my job is still to help support and be that listening ear, allowing them to express themselves through their First Amendment rights and trying to always advocate for what is best for the child in any situation.

Choi, M. (2018, July 11). Guns chill free speech, UT-Austin professors will argue at federal appeals court. Retrieved from https://www.texastribune.org/2018/07/11/ut-austin-professors-argue-campus-carry-chills-free-speech/#coral-talk

Garcetti v. Ceballos 547 U.S. 410 (2006)

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* Correction appended
The controversial Texas law allowing students to bring guns into classrooms is facing another showdown as a lawsuit challenging the law heads to federal appeals court on Wednesday.

Two years ago, three University of Texas at Austin professors - Jennifer Lynn Glass, Lisa Moore and Mia Carter - filed a lawsuit against stateAttorney General Ken Paxton and several leaders of the UT System over a 2015 law that allows concealed handguns on college campuses. The professors argued the law infringed their First Amendment right to academic freedom, saying a "chilling effect" pervades their classes when students can bring guns into the room. The law went into effect in August 2016 and was immediately met with stiff backlash on campuses, particularly at UT-Austin.

The lawsuit, filed in federal court, sought to block the law and allow the professors to prohibit firearms in their classrooms. A federal judge turned down the request and dismissed the case last year, sayingthe professors failed to provide evidence that guns infringe on the professors' free speech or that they have the authority to nullify state law in their classrooms.

Marc Rylander, director of communications at Paxton's office, called the lawsuit "frivolous" with "no legal standing" in a written statement.

"Last year, a U.S. District Court determined that a handful of professors could not deny a licensed, law-abiding citizen on campus the same measure of personal protection that they are entitled to throughout the rest of the state," the statement said. "The right to keep and bear arms is guaranteed for all Americans, including college students, and that right cannot be stripped away by a small group of professors who dislike the law."

The suit then went to the 5th U.S. Circuit Court of Appeals in New Orleans, which will hear arguments at Wednesday's session.

The law allows licensed handgun owners to bring their weapons onto public university campuses and prohibits universities from making policies that would effectively ban handguns. It charges university presidents to create policies for carrying guns on campus and allows for universities to create certain gun-free zones. Private universities are allowed to opt out of campus carry, and after the law went into effect, all but one did.

UT faculty and staff are prohibited from banning handguns in their classrooms. UT-Austin policy bans handguns from high-risk parts of campus such as laboratories with dangerous chemicals or areas dedicated to health care.

Texas is one of 10 states that allow campus carry, according to the National Conference of State Legislatures.

Moore, who teaches English literature, said she's optimistic about Wednesday's appeal. Recent news of gun violence in the country, such as the shooting at Santa Fe High School south of Houston in May, shows the need for more sensible gun reform, she said. She and the other two professors, who all teach in the College of Liberal Arts at UT-Austin, want their students "to see us standing up for them," Moore said.

"I hope we don't have to have more deaths and school shootings to convince people that guns don't belong in the classroom," Moore said.

In February, two national activist groups -Students for Concealed Carry and the Students for Concealed Carry Foundation - filed a joint amicus brief in support of the policy, arguing that granting professors a degree of autonomy that bars licensed gun-carriers from entering their classrooms in the name of academic freedom could set a precedent for professors to use academic freedom to rebel against any university policy they dislike.

Quinn Cox, southwest regional director for Students for Concealed Carry and a student at UT-Austin, argued that several states have had concealed carry on campuses for years, and none of the deadly shootings on campuses have been perpetrated by someone licensed to carry.

"This is an area that's fairly heavily regulated," Cox said about licensing Texans to carry handguns. "These are some of the most upstanding citizens on campus."

Max Renea Hicks, the professors' lawyer, said the request to have guns removed from classrooms is something "virtually any normal person" would advocate, especially following the many mass shootings at schools across the country in recent years.

Texas has allowed guns in public school classrooms for years under its controversial school marshal and school guardian programs. But those only allowed faculty or administrators to carry guns in schools, and usually the guns are kept in secured lockers. Current state laws allow for students to have guns in their backpacks. Hicks said that kind of environment can intimidate students and faculty, limiting the scope of discussion int he classroom.

Hicks argued the Second Amendment allows for guns in the home, but does not guarantee to right to carry them to class. Even late conservative Supreme Court Justice Antonin Scalia argued that guns should stay out of the classroom, Hicks said.

"We have a Second Amendment right to have a gun in the home. It doesn't go beyond that," Hicks said. "All those things only show that these professors' concerns are reasonable."
Disclosure: The University of Texas at Austin has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. Correction: A previous version of this story included an incorrect spelling for Max Renea Hicks.

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Guns chill free speech, UT-Austin professors will argue at federal appeals court

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Correction appended The controversial Texas law allowing students to bring guns into classrooms is facing another showdown as a lawsuit challenging the law heads to federal appeals court on Wednesday.

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6. Sources of Law- The Second Amendment (U.S. Const. amend. II) - Constitutional Law

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6. Sources of Law- The Second Amendment (U.S. Const. amend. II) - Constitutional Law

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Amendment II to the Constitution of the United States of America states that a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed (U.S. Const. amend. II).

The Supreme Court says that the right to bear arms includes concealed carry and open carry, but it is suggested that a state can regulate the manner of carrying (Greenlee, 2019).

The Second Amendment is the Constitutional law that provides the right for students and staff to pursue campus carry at universities pending states rights and regulations.

Greenlee, J. (2019). Concealed Carry and the Right to Bear Arms. Retrieved from https://fedsoc.org/commentary/publications/concealed-carry-and-the-right-to-bear-arms

U.S. Const. amend. II

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7. Sources of Law- District of Columbia v. Heller, 544 U.S. 570 (2008). - Judicial Law 

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7. Sources of Law- District of Columbia v. Heller, 544 U.S. 570 (2008). - Judicial Law 

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In a 5-4 decision, the Supreme Court struck down the District of Columbia's laws against gun possession and cited self-defense within the home as a key justification. However, the direct legal impact of the Heller decision was limited because Washington, DC is a federal entity.

The Supreme Court expressly defined "bear arms" in this case to include both concealed carry and open carry in its definition (Greenlee, 2019).
This case allowed for lower courts to indicate that the right to bear arms is not infringed as long as law-abiding citizens are able to publicly bear arms either openly or concealed (Greenlee, 2019).

This Judicial law was because it is one that many states refer to when wanting to support the notion for campus carry to happen within their states.

District of Columbia v. Heller, 544 U.S. 570 (2008)

Greenlee, J. (2019). Concealed Carry and the Right to Bear Arms. Retrieved from https://fedsoc.org/commentary/publications/concealed-carry-and-the-right-to-bear-arms

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8. Sources of Law- McDonald v. City of Chicago, 561 U.S. 3025 (2010)- Judicial Law

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8. Sources of Law- McDonald v. City of Chicago, 561 U.S. 3025 (2010)- Judicial Law

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The Supreme Court struck down the City of Chicago's laws banning handgun gun possession. The decision extended the Heller (2008) decision to state and local governments.

This Judicial law was included because campus carry requires handguns to be the type of gun that may be carried. Owners will need to be trained, own a license, pay and register their handgun at their university to be allowed to carry a concealed weapon under the campus carry stipulations.

McDonald v. City of Chicago, 561 U.S. 3025 (2010)

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9. Sources of Law- Texas Senate Bill 11 84th Legislature (2015)- Statutory Law

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9. Sources of Law- Texas Senate Bill 11 84th Legislature (2015)- Statutory Law

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Relating to the carrying of handguns on the campuses of and certain other locations associated with institutions of higher education, providing a criminal penalty (TX SB11, 2015).

Sec. 411.2031 of the campus carry act states that a person may be in possession of the carrying of a handgun only if they are license holders on certain campuses (TX SB11, 2015).

This Texas Statutory law was included because it is the Bill that puts all of the campus carry rules and regulations into place for college campuses in Texas. Many other states campus carry acts follow along with these same guidelines when putting the act into place within their states.

Act of campus carry, Tex. S.B. 11, 84th R.S., ch. 411, 2015.

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Texas Legislature Online - 84(R) History for SB 11

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10. Local Administrative Law/Policy/Rule- University of Texas at Dallas Campus Carry Policy

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10. Local Administrative Law/Policy/Rule- University of Texas at Dallas Campus Carry Policy

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With both living in Dallas and being an alumni from the University of Texas at Dallas I was curious to see what their campus carry policy consisted of. As apart of the new state law, the University has was allowed to establish reasonable rules, regulations and other provisions regarding the carrying of concealed handguns by license holders on campus after receiving input form the campus community. There are exclusion zones also located on campus where carrying a concealed handgun is prohibited (Campus Carry Law to take affect Aug. 1, n.d.).

Campus Carry Law to take affect Aug. 1. (n.d.). Retrieved from https://www.utdallas.edu/news/2016/7/25-32124_Campus-Carry-Law-to-Take-Effect-Aug-1_story-sidebar.html

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When faced with an ethical dilemma, school counselors and school counseling program directors/ supervisors use an ethical decision-making model such as Solutions to Ethical Problems in Schools (STEPS) to work through the problem at hand (American School Counselors Association, 2016).

When it comes to campus carry, counselors may need to apply the ethical decision-making model to situations because the concept of guns for some students, parents, or faculty do not know how to handle themselves when dealing with the topic. Counselors need to be prepared to discuss the campus rules, expectations, state laws, and talk about both sides of the argument (for/ against) with students, parents, and faculty members as well.

American School Counselor Association (2016). ASCA Ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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12. Non-Law Source- College in the Cross-hairs book 

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12. Non-Law Source- College in the Cross-hairs book 

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"College in the Cross-hairs: An Administrative Perspective of Prevention on Gun Violence" by Brandi LaBanc and Brian Hemphill provides leaders in high education with data about past incidents, an analysis of trends, and background on the national debate about gun policies and how they impact colleges, state by state.

It raises issues about student psychological development, mental health, and the prevalence of alcohol and substance abuse on campus to better inform discussion about allowing guns on campus and concealed carry.

Addressees concealed carry legislation and its impact on campus policies by state, examining the concerns of administrators as they discharge their duty to care to students and comply with legal and regulatory frameworks.

It offers important perspectives and scientific data to shape the ongoing conversation with lawmakers and the public about what it takes to keep college communities safe.

It also offers guidance on improving effective behavior intervention and case management processes.

It concludes by outlining best practices and providing guidance on developing an emergency plan, practicing and testing systems, and creating a robust communications strategy.

LaBanc, B. & Hemphill, B. (2015). College in the crosshairs: An administrative perspective on prevention of gun violence. Stylus Publishing: Virginia.

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college in the crosshairs: an administrative perspective on prevention of gun violence

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campus violence - united states - prevention

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school shootings - united states - prevention

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universities and colleges - security measures - united states

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universities and colleges - united states - safety measures

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education / educational policy & reform / school safety

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education/educational policy & reform - school safety

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College in the Crosshairs: An Administrative Perspective on Prevention of Gun Violence

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Gun violence - whether rampage shootings, homicides or suicides - is a potential reality all campuses have to face. This book provides leaders in higher education - and particularly those in student affairs - with data about past incidents, an analysis of trends, and background on the national de...

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13. List of Recommendations Best Practice for Compliance over Campus Carry

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13. List of Recommendations Best Practice for Compliance over Campus Carry

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Universities can do these following actions to show the best practices for compliance over campus carry. Some actions are:

Ensure that the provisions of the policy of campus carry are definitive, understandable, and easy to follow. There needs to be one clear and consistent policy campus-wide.

Depending on state law, consideration should be given to making a statement about liability on behalf of the institution, noting that concealed carry on campus is being authorized only as a result of state law, not as a proactive decision of the school.

Schools need to develop a consensus on exclusion zones, including how they will explain and display these areas to the students and campus.

Universities need to establish how law enforcement plays a role in the campus carry laws. An aspect of policy will deal with law enforcement response to calls if an armed person is on campus as well as the responsibilities and actions of armed students or staff who encounter a person in a use-of-force situation.

Students and/or employees are required to register weapons on campus as part of the policy, care must be taken to ensure confidentiality of the registration information, and weapon owners need to be aware of all campus carry rules that they are responsible for knowing.

Training programs for students and employees.

Education for faculty, staff, students, and campus visitors about the campus carry rules and regulations. This can be done through online information, online training, mandatory training for employees, social media platforms, campus groups, public service announcements, and awareness and education through counseling centers.

Funding also needs to be taken into consideration. Student and employee registration fees and how the school budget will play a role in campus carry need to be taken into account.

Creating a campus carry committee to represent the university beliefs and ideas over the campus carry laws.

These best practices will help universities successfully navigate and comply with campus carry laws in an easier fashion and hopefully will help students and educators better understand their rights with campus carry within their schools.