A bill working its way through the state legislature would make it a felony to possess a firearm on University of Delaware property or property belonging to another college or university in Delaware.
Sponsored by Newark Democrat Cyndie Romer, House Bill 311 passed the state House last week and now moves on to the Senate.
“Students attending colleges and universities should be able to feel safe from gun violence on their campus,” Romer said. “The presence of firearms in an environment meant for learning increases the likelihood of accidents, violence and escalations of conflict.”
The bill is intended to build on the Safe School Zone Act, which was approved last year and banned guns at K-12 schools.
Romer noted that UD and other colleges already have policies that prohibit guns on campus. The bill would back those policies up with state law, and violators would be charged with a Class E felony, which carries a penalty of up to five years in prison.
Law enforcement officers, constables, security guards and military personnel serving in an official capacity would be exempt from the law. It would also include a provision allowing universities to provide written authorization allowing a person to have a firearm on campus.
People who hold concealed-carry permits are also exempt but only if they keep their weapon in their vehicle.
The bill also applies to Airsoft guns and paintball guns, which are defined as firearms under state law.
Romer said college students are a high risk group for suicidal thoughts, and introducing firearms into spaces where people may be experiencing mental health challenges increases the potential for self-harm.
There’s also another risk factor on college campuses, she added.
“The presence of guns combined with alcohol and drugs known to be on college campuses can create a highly volatile and dangerous environment, increasing the risk of accidental discharge, violent altercations and impaired judgment leading to tragic outcomes,” Romer said. “The presence of these elements can escalate minor disputes into life-threatening situations, endangering the safety and well-being of students and staff.”
During a contentious floor debate June 13, Republicans strongly opposed the bill.
State Rep. Jeff Spiegelman, of Clayton, argued that the law is unconstitutional, citing a recent court decision that struck down a weapons ban in Delaware parks. Romer replied that she is confident the bill will survive court challenges.
Spiegelman also argued that the bill is unfair due to the sprawling nature of campuses like UD’s.
Walking down Newark’s Main Street, a gun owner would have trouble distinguishing between non-university property where carrying a gun is legal and university property where it’s illegal, he said. Also confusing are businesses that someone might not realize is on UD property, such as the Courtyard Marriott hotel off New London Road and the Grain Exchange restaurant on the STAR Campus.
“The more likely outcome is not to stop an unfortunate act of gun violence on a college campus,” Spiegelman said. “The more likely outcome is to hit a law-abiding citizen, and hit them hard with a Class E felony, for taking one step in a direction they shouldn’t have without their knowledge.”
Romer responded that gun owners have a responsibility to make themselves aware of the law.
“The message is don’t come on a college campus if you have a gun,” she said. “It is not safe. Guns and colleges do not mix.”
The bill passed the House 24-16. Talleyville Democrat Sean Matthews joined Republicans in voting no.
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