Campus gun ban passes legislature with reduced penalty

A bill awaiting the governor’s signature makes it illegal to possess a firearm on University of Delaware property or property belonging to another college or university in Delaware.

The state legislature approved the legislation last week, though last-minute changes reduced the severity of the penalty violators will face.

“Students attending colleges and universities should be able to feel safe from gun violence on their campus,” said Newark Democrat Cyndie Romer, who sponsored the bill. “The presence of firearms in an environment meant for learning increases the likelihood of accidents, violence and escalations of conflict.”

Romer noted that UD and other colleges already have policies that prohibit guns on campus. The bill backs those policies up with state law.

Law enforcement officers, constables, security guards and military personnel serving in an official capacity are exempt from the law. It also includes 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.

During debate over the bill last month, House Republicans vehemently opposed it.

State Rep. Jeff Spiegelman, of Clayton, 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.

However, after the bill passed the state House, Romer worked with colleagues in the state Senate to make amendments based on the criticism.

The final bill reduces the offense from a Class E felony that carries a penalty of up to five years in prison to a Class A misdemeanor, which carries a maximum sentence of one year.

“At the end of the day, I don’t want people to have felonies, I want our campuses to be free of guns,” Romer said.

The revised bill also clarifies that the gun ban does not apply to streets and sidewalks adjacent to campus property.

For instance, UD owns the Academy Lawn at the corner of Main Street and Academy Street. Someone carrying a gun would not be in violation of the law by walking down the sidewalk past the Academy Lawn, but the person would be in violation once he or she steps off the sidewalk onto the lawn.

The UD Green remains covered by the gun ban, Romer said.

The bill is now in the hands of Gov. John Carney. Romer said previously that she filed the bill at the request of the governor’s office.