Firearms, Weapons, or Destructive Devices

Definition:It is the policy of California State University San Marcos to provide a safe environment for all students, employees, visitors, and guests by enforcing all laws pertaining to firearms, weapons, or destructive devices on campus. The restrictions pertaining to these devices are: -It is a violation of Penal Code section 626.9 for any person, except as defined in Penal Code Section 12031, to bring or possess any firearm onto any property owned, controlled, or operated by the University without the prior written permission of the President or designee. This authority is delegated to the University Chief of Police. -It is a violation of Penal Code section 626.10, with specific exceptions as noted within 626.10 of the Penal Code, for any person to bring or possess a dirk, dagger, ice pick, knife having a fixed blade longer than two and one half (2 1/2) inches, stun gun or "Less Lethal Weapon" on any property owned, controlled, or operated by the University without prior written permission of the President or designee. This authority is delegated to the University Chief of Police. A "Less Lethal Weapon" means any device that is designed to, or that has been converted to expel or propel less lethal ammunition by any action, mechanism, or process for the purpose of incapacitating, immobilizing, or stunning a human being through the infliction of any less than lethal impairment of physical condition, function, or senses, including physical pain or discomfort. It is not necessary that a weapon leave any lasting or permanent incapacitation, discomfort, pain, or other injury or disability in order to qualify as a less lethal weapon. Examples would include, but not limited to, BB guns, pellet guns, Airsoft guns, and paint ball guns. - No person may openly display or expose any imitation firearm, as defined in Penal Code Section 12550, in a public place. Arts 101 and Arts 111 are the only rooms approved for the use of imitation weapons and firearms for theatrical purposes. All imitation weapons and firearms for theatrical use will be provided by the Technical Director of the Department of Visual and Performing Arts. Any imitation weapon or firearm brought onto campus and not issued by the University is a violation of this policy. Any requests for an exception to this policy must be for educational purposes and must be approved one week in advance of the event in writing by the appropriate College Dean (or designee) and the Chief of Police. -No person shall possess for any reason any fireworks, explosives or destructive devices as enumerated in the California Health and Safety Code without prior written permission of the President. -No person shall possess any tear gas weapon to include Mace, CN gas, or CS Gas, pepper spray, or other similar gas weapon containing more than 2.5 ounces net weight of aerosol spray. -No person shall possess any weapon enumerated in 12020 of the Penal Code, to include, but not limited to, billy clubs, metal or plastic knuckles, belt buckle knife, shurikins (AKA Chinese throwing stars), nunchaku, blackjack, sap, or any metal or replica practice hand grenade. -It is a violation of Penal Code 653k to possess or keep in a vehicle a switch blade or gravity knife (A "butterfly knife" for example).
Authority:California Penal Code sections 12301 through 12311, 626.9, 626.10, 12020, 653k, 12550, 12403.7. California Health and Safety Code sections 12000 through 12692
Scope:This policy applies to all members of the campus community and visitors or guests on property owned, controlled or operated by the University except as expressly enumerated in the Penal Code and Health and Safety Code.
Responsible Division:Finance & Administrative Services
Approval Date:05/12/2011
Implementation Date:05/12/2011
Originally Implemented:07/01/1989
Signature Page/PDF:View Signatures for Firearms, Weapons, or Destructive Devices Policy