NC State Police Chief speaks on recent firearm-related incidents, state law and University policy

In February, two individuals faced charges for bringing firearms onto campus on consecutive days in separate incidents, while a third individual was arrested for trespassing after he claimed to possess a gun. 

Following the incidents, Chief of NC State Police Daniel House sent an email regarding campus weapons laws to students, faculty and staff on Feb. 15.

North Carolina General Statute 14-269.2 prohibits any person, including concealed handgun permit holders, from possessing or carrying any gun, rifle, pistol or any other firearm on educational property.

House said guns are legal on campus in only two cases. Private residents who live on Centennial Campus are permitted to keep weapons in their homes but must register their weapons with NC State Police. The other case is that concealed handgun permit holders are allowed to bring a handgun on campus, but it must stay locked in a lock-box inside of the owner’s vehicle.

House said ignorance and misunderstandings of University firearm policy are responsible for most firearm issues on campus.

The first of these incidents occurred with the Feb. 11 arrest involving a student who was spotted with a loaded AR-15-style rifle sitting on the passenger seat of his unoccupied truck. House said the student was a new gun owner and was given faulty advice.

“The kid had just bought the rifle,” House said. “And the guy at the gun store told him as long as he kept it on the seat, he was going to be fine. So rather than calling us and asking us, he just went by what the guy at the gun store told him. Obviously, he gave him some really bad advice.”

The second incident involved a 38-year-old who was arrested carrying a gun outside of student housing on Greek Way. He was charged with carrying a gun on educational property and carrying a concealed gun while off his premises. House said he was an Uber driver and likely did not know he was on educational property. Uber prohibits drivers from carrying firearms while using their platform.

The third arrest involved a man who walked into D.H. Hill Jr. Library and told a security guard he had a gun.

“We've never even confirmed whether he had a gun at all or not,” House said. “He told the security guard that he did, but nobody's ever seen it. We later wound up arresting him for trespassing and for something different — the same guy, but then we did not find the gun on him.”

House said there was no WolfAlert for these incidents because none presented an active threat.

“We can use the example of the AR-15 — I do agree it’s a devastating weapon if gotten in the wrong hands, but this was a student that, literally because the gun store owner told him he could do it, literally thought it was okay for him to have it on campus,” House said. “So that definitely isn't a threat to anybody. I mean, it was just poor judgment, but not a threat. 

“But if we had one where somebody had made threats, or had said something that would indicate that maybe they were going to do something with a gun, that would be different if we had information to say that, ‘Okay, there's something more going on here than what meets the eye.’”

House said incidents involving guns on campus would likely never appear in a WolfAlert unless there is an active shooter situation.

“The only way it would come out on WolfAlert if somebody was an active shooter, or if they committed like — this does happen in Raleigh — somebody commits robbery and they run through our campus with a gun,” House said. “The reason is because it's meant to be something that's ongoing, it poses a threat to the community. In this case, there was no threat, there was no harm posed to the community. So we wouldn’t send one out.”

House said these incidents can instead be found on NC State Police’s Daily Crime and Fire Log, which the department is required by federal law to update within two business days of the crime.

Michael Avery, an attorney with Student Legal Services, said when students are being investigated for a potential crime, they may be reviewed under both North Carolina criminal law and the NC State Code of Student Conduct.

“Anything that's a violation of [criminal] law is going to be a violation of the Code of Student Conduct,” Avery said. “But it doesn't necessarily go the same way.”

The Code of Student Conduct contains two statutes discussing weapons policy. The first prohibits all weapons on University premises or University-sponsored activities as outlined by state law, and the second cites a violation in the “possession or use of weapons in any manner that harms, threatens, or causes fear to others.”

Avery said the second violation may be more subjective. He said he once reviewed a case of a student who was concerned about potentially violating the Code of Student Conduct after being reported for possessing a bamboo sword used for martial arts training.

“Conduct says that anything that can instill fear in others, there's that subjectiveness to it,” Avery said. “If by having that rattan sword, right, and somebody sees it, and it causes them fear, technically, that's a violation of the code of Student Conduct. It’s not a violation of [criminal] law, you'd be allowed to have that, you couldn't be charged for the crime arising out of that, because it's not something that's actually listed.”

Tom Hardiman, director of the Office of Student Conduct, said in the process of reviewing students for violations of the code of student conduct, threat levels and intention are considered when deciding how students are punished — whether through suspension, expulsion or a different means.

“We're gonna look at what they potentially possessed and evaluate the level of threat or risk,” Hardiman said. “And so something like [an AR-15] could certainly result in someone being interimly suspended from the University. As we go through the process, if they're found responsible for it, it could result in suspension or expulsion from the University.”

Hardiman said there is a team within the Department of Risk Assessment that investigates these violations and concludes risk and intentions through interviews and evaluations.

Hardiman said it is crucial to be wary of University policies as they sometimes differ from law just outside of campus.

“It's really complex and complicated,” Hardiman said. “Literally, I could see it from my window, that if it was behavior about possession of weapons across the street, would be perfectly legal. But the second you cross that street and come here, it becomes illegal.”

For more information on University weapon laws, visit Student Legal Services.