Policy 10:4 - Dangerous Weapons and Firearms

Email 605-688-5248

Interim Policy

Policy Contact: Division of Technology and Security

Purpose
This policy and its procedures set forth the provisions applicable to dangerous weapons and firearms on University premises.
Definitions
1. Concealed Pistol: For the purposes of this policy, concealed pistol is defined by SDCL §22-1-2(6) as “any firearm that is totally hidden from view. If any part of the firearm is capable of being seen, it is not concealed.”
2. Dangerous Weapon: As defined by SDCL §22-1-2(10), any firearm, knife or device, instrument, material, or substance, whether animate or inanimate, which is calculated or designed to inflict death or serious bodily harm, or by the manner in which it is used is likely to inflict death or serious bodily harm.
3. Firearm: As defined by SDCL §22-1-2(16), any weapon from which a projectile or projectiles may be discharged by gunpowder. As used in this subdivision, the term, gunpowder, includes any propellant that upon oxidization emits heat and light and is commonly used in firearms cartridges.
4. Stun Gun: For the purposes of this policy, stun gun is defined by SDCL §22-1-2(50) as “any battery-powered, pulsed electrical device of high voltage and low or no amperage that can disrupt the central nervous system and cause temporary loss of voluntary muscle control of a person.”
Policy
1. It is the policy of the University that possession of firearms or other dangerous weapons and ammunition on University premises is prohibited unless authorized by this policy or the University President, or designee.
2. The Vice President for Technology and Security is hereby authorized by the University President to make authorizations and process exceptions as set forth herein. Hunting access on University research stations land requires both the prior approval of the site director or manager and the Vice President for Technology and Security.
  1. For purposes of this policy, devices and materials which fall under the definition of dangerous weapon or firearm, yet are excluded from this policy include:
    1. Those which are disabled from use as a weapon and are used only for display in a supervised manner in connection with official University programs including, but not limited to, drama and color guard, are permitted on University premises without prior authorization of the University President, or designee;
    2. Starting guns used at an athletic event; and
    3. Chemicals used for academic or research purposes purchased in accordance with University policies and procedures.
3. Exceptions beyond those specifically identified in this policy may only be granted on a case-by-case basis as determined by the University President, or designee. Requests for exception must include proposed equipment, use, individuals, and a safety and storage plan and if an exception is granted, appropriate limitations shall be applied to protect the health and safety of the premises and its population.
4. The following are permitted, unless otherwise specified by this policy, within the boundaries of the University or while in any building or structure owned or leased by the SDBOR or University:
  1. Concealed pistols and compatible ammunition, by an individual holding an enhanced permit, a restricted enhanced permit, or a reciprocal permit issued in accordance with SDCL ch. 23-7;
  2. A stun gun; or
  3. Mace, pepper spray, or other chemical irritant.
5. Each individual who possesses an item set forth in Section 3.d. will, at all times, have that item in the individual’s custody or control, and will be wholly and solely responsible for carrying, storing, and using the item in a safe manner and in accordance with law, SDBOR policy, and University policy. When an individual is not carrying or in possession of any item set forth in Section 3.d., the individual will store the item in a locked case or safe.
  1. Individuals are responsible for the purchase and availability of the appropriate case or safe for weapons storage.
  2. Except in those instances where necessary for self-defense or transferring to safe storage, or as otherwise provided in this policy, concealed pistols may not be openly displayed.
6. The University may restrict or limit the lawful carrying or possession of the items set forth in Section 3.d. in the following circumstances:
  1. In a clearly designated portion of a building or structure, only if the following are present:
    1. More than fifty-five (55) gallons of flammable liquid, as identified in 29 C.F.R. § 1910.106 (January 1, 2025);
    2. Significant quantities of hazardous materials classified as Category 3 or higher by the 704 Hazard Identification System of the National Fire Protection Association;
    3. K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer gases classified as Category 2 or higher by the 704 Hazard Identification System of the National Fire Protection Association;
    4. L-size cylinders of acetylene gas; or
    5. Magnetic resonance imaging equipment or nuclear magnetic resonance equipment;
  2. In a room used for manufacturing or scientific research, if the concentration of airborne particles is controlled in order to maintain an environment with minimal pollutants;
  3. In a clearly designated portion of a building or structure to which a facility clearance applies or for which a federal security clearance is required;
  4. In a building or structure during a special event, provided metal detectors and armed security personnel authorized by the University President, or designee, are present at every public entrance to restrict the possession of any dangerous weapon.
7. The Vice President for Technology and Security will maintain an internal registry of locations where the carrying or possession of the items set forth in Section 3.d. will be restricted or limited pursuant to this policy. For each location listed, the University must include the rationale for the restriction. Registry entries will be designated as one of the following categories:
  1. Permanent: A location in which items set forth in Section 3.d. will be restricted or limited due to the constant presence of materials, equipment, conditions, or events that create circumstances under which restriction of a weapon is permitted under this policy.
  2. Temporary: A location in which items set forth in Section 3.d. will be restricted or limited due to the short-term presence of materials, equipment, conditions, or events that create circumstances under which restriction of a weapon is permitted under this policy.
    1. Before the University places materials or equipment, or before the existence of conditions or an event that will create a temporary weapons restriction, the Vice President for Technology and Security must authorize the temporary restriction.
    2. Temporary restricted location designations lasting more than 14 days shall be included on the University’s registry. Temporary restricted location designations lasting fewer than 14 days are not required to be included in the University’s registry.
8. The internal registry will be updated at least annually and is subject to final approval of the University President. A copy of the registry will be provided to the SDBOR Executive Director by September 1 of each year.
9. Restricted locations appearing on the registry will display signage at the entrance or doorway to the specific restricted portion or room within the building or structure. The signage must be in a conspicuous location and contain an advisement sufficient to notify the public of the restrictions on weapons possession in the restricted spaces so that affected individuals can determine and locate appropriate storage as required by this policy.
  1. Temporary restricted locations must have signage placed on the entrance or doorway to the specific restricted portion or room within the building or structure concurrently with the installation or entry of materials, equipment, conditions or events within that location that creates the circumstances under which restriction of a weapon is permitted under this policy. Temporary signage must remain posted for the entire duration of any materials, equipment, conditions, or events present within that location that creates the circumstances under which restriction of a weapon is permitted.
  2. All posted signage regarding a restricted location (permanent or temporary) pursuant to this section must be issued by the Vice President for Technology and Security, and display SDBOR Executive Director, or designee, approved language.
10. The University will make reasonable efforts to notify students prior to attending courses in a restricted location of the prohibition on items set forth in Section 3.d.
11. Special events at which items set forth in Section 3.d. will be restricted or limited pursuant to this policy are not subject to the registry requirement. The University President or Vice President for Technology and Security may determine whether or not to include special events on the University’s registry.
  1. Special event exceptions must be designated at least 21 days prior to the date of the event and the University must make reasonable efforts to notify participants or members of the public of the restriction on items set forth in Section 3.d.
  2. The Vice President for Technology and Security, upon consultation with the University President, must seek prior approval from the SDBOR Executive Director, or designee, for designation of special events exceptions for the University at least 21 days prior to the date of the event. The SDBOR Executive Director, or designee, may grant a designation for a special event exception with less than 21 days prior notice where circumstances are presented that do not allow 21 days prior notice to be given.
  3. Designations for special events exceptions must be for a specified period of time lasting no longer than 24 hours prior to the start of an event and 24 hours after the conclusion of the event.
  4. The University may designate special event exceptions individually (such as speakers, concerts, or performances) or as a series (such as all home games for a team or venue).
12. Employees are not prohibited from carrying or possessing items set forth in Section 3.d. However, no employee is permitted to use or discharge any item set forth in Section 3.d. in furtherance of their assigned duties unless specifically authorized by the University President in accordance with this policy. Use or possession of other dangerous weapons remains prohibited.
13. Limited possession and use of firearms, dangerous weapons, and ammunition is allowable by specific individuals under specific conditions:
  1. Law Enforcement Officers:
    1. University Police Officers who are trained and authorized to carry authorized firearms, dangerous weapons, and ammunition and use them strictly within the bounds of the law, their training, and scope of duties.
    2. Certified law enforcement officials when acting in a law enforcement capacity on University property may carry authorized firearms, dangerous weapons, and ammunition and use them strictly within the bounds of the law, their training, and scope of duties.
  2. Military Assistance or Occupancy:
    1. In conditions designated by applicable legal authority, the U.S. military and other military officials may possess firearms, dangerous weapons, and ammunition on campus during times of local, regional, or statewide crises, times of war, or other times identified by said legal authority.
  3. Reserve Officer Training Corps (ROTC):
    1. ROTC, acting in their ROTC capacity, may possess, securely store, remove, and use firearms and ammunition in accordance with policy and procedure set forth by ROTC and Homeland Security in ROTC facilities.
    2. Firearms and ammunition will be stored securely in accordance with policy and procedure set forth by ROTC and Homeland Security.
  4. Individuals using the Shooting Range:
    1. Individuals may use firearms and ammunition of no larger than .22 caliber within the shooting range of DePuy Hall on University premises, and said firearms may only be used in accordance with rules and regulations of the shooting range.
14. If the University utilizes armed security for a special event, the University may utilize certified law enforcement officers employed by the University or another SDBOR institution, or retain contracted armed security as approved by the University President, or Vice President for Technology and Security. Contracted armed security must hold appropriate insurance and comply with all applicable SDBOR policies and state and federal laws and regulations, including, but not limited to those required under the Jeanne Clery Campus Safety Act (20 U.S § 1092(f); 34 CFR 668.46).
15. Other lawful firearms that are not subject to Section 3.d and 3.e. may be stored with the University Police Department, by ROTC at ROTC facilities, or by an individual stored inside a privately owned vehicle as set forth herein.
  1. Storage:
    1. Storage with the University Police Department
      1. A University employee, student, or visitor may check in a firearm with the University Police Department in compliance with University Police Department firearms storage policies. The University Police Department shall retain possession of the firearm until the University employee, student, or visitor who checked in the firearm signs documentation to retrieve it before leaving the University premises.
    2. Storage in a Privately Owned Vehicle
      1. To the extent allowed by law, a University employee, student or visitor may retain their lawful firearm inside their locked vehicle on University premises only under the following conditions:
        The firearm is unloaded;
        Empty clips and/or magazines;
        Safety is not in the fire position, when applicable;
        The firearm is inside a locked case designed for weapon storage and transport or gun lock has been applied;
        The locked case is out of sight from the exterior of the vehicle; and
        Every door leading directly or indirectly to the cabin or trunk on the vehicle is locked.
    3. Individuals on University premises shall ensure the firearm, not subject to 3.d. and 3.e., is unloaded, inoperable, and in a case during conveyance to and from storage.
16. The University will not be responsible for theft of a firearm stolen from a privately owned vehicle. The owner of the vehicle, the firearm, or both may be responsible for any damages caused by the firearm or the operator of the firearm.
17. The University will not be responsible for any personal property loss associated with one’s possession of a firearm on the University premises.
18. If an individual discharges or witnesses the discharge of an item set forth in Section 3.d., whether intentionally or inadvertently, the individual or witness should immediately report the discharge to the University Police Department, in order for campus authorities to address potential health or safety issues impacting individuals or facilities resulting from the discharge. Injuries or immediate threats to life or safety should be reported by calling 111 from an on-campus phone or 911 from an off-campus phone. Threats of disturbing behavior should be reported to the University Police Department pursuant to SDBOR Policy 1.4.7.
19. Individuals found violating this policy will be subject to disciplinary sanctions. For University employees, this includes discipline up to and including termination. For University students, this includes discipline up to and including expulsion pursuant to the Student Conduct Code. Further, all persons, including employees, students, and visitors, may be permanently banned from the University or its premises. Due Process applicable to the application of discipline or sanction will be afforded in accordance with the status of the individual allegedly violating this policy. The University reserves the right to immediately revoke privileges allowed under this policy.
20. Alleged violations of the law will be referred to the University Police Department and any employee or student who becomes aware of a violation of this policy is required to notify Residential Life, their supervisor, or law enforcement.
21. Nothing herein may be interpreted to require individuals who lawfully possess an item per Section 3.d. to use such item in defense of others. Individuals are required to comply with the directions of law enforcement, University officials, and emergency notification systems. Nothing herein abrogates applicable state or federal law.
Responsible Administrator
The Vice President for Technology and Security, successor, or designee is responsible for the annual and ad hoc review of this policy and its procedures. The University President is responsible for approval of this policy and its procedures.

Approved by President on 12/17/2015. Revised 02/01/2024 (clerical). Revised 07/21/2025 (clerical). Revised 07/21/2025 (interim).

Sources:

Associated Forms: Request for Exception

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Policy 10:4 - Dangerous Weapons and Firearms

Interim Policy