AUTHORIZATION OF FIREARMS IN K-12 SCHOOLS
This table and endnotes are for informational purposes only and are not intended to constitute legal advice in any respect and/or to be acted upon in any such regard. Please consult an attorney in the relevant jurisdiction for legal advice.
Jurisdiction | Can the General Public Carry Firearms in K-12 Schools with a Concealed Carry License? | Can a School Board/Authority Authorize Educators to Carry Firearms in K-12 Schools? [i] | Statutory Code Section for Reference |
Alabama | No | No | AL ST § 13A-11-72 |
Alaska | No | Yes | AK ST § 11.61.210(a)(7) |
Arizona | Yes [ii] | Yes [iii] | AZ ST §§ 13-3102; 15-341(A)(23) |
Arkansas | No | Yes [iv] | AR ST §§ 5-73-119(e)(11); 5-73-306(13)(B) |
California | No | No | CA PENAL § 626.9 |
Colorado | No | Yes [v] | CO ST §§ 18-12-105.5; 18-12-214 |
Connecticut | No | Yes | CT ST § 53a-217b(b) |
Delaware | Yes | Yes [vi] | DE ST TI 11 § 1457 |
D.C. | No | No | DC Code § 22-4502.01 |
Florida | No | Yes [vii] | FS § 30.15 |
Georgia | No | Yes | GC § 16-11-127.1(c)(6) |
Hawaii | N/A [viii] | N/A [ix] | No Relevant Statute |
Idaho | No | Yes | ID ST § 18-3302D(4)(c) |
Illinois | No | No | IL ST CH 720 § 5/24-1(c)(3) |
Indiana | No | Yes | IN ST § 35-47-9-1(a)(2) |
Iowa | No | Yes | IA ST § 724.4B(2)(a) |
Kansas | Yes | Yes | KS ST § 21-6301(j)(2), (j)(5) |
Kentucky | No | Yes | KRS § 527.070(3)(f) |
Louisiana | No | Yes | LA R.S. § 14:95.2 (C)(2), (C)(3) |
Maine | No | No | ME ST T. 20-A § 6552 |
Maryland | No | No | MD CRIM LAW § 4-102 |
Massachusetts | No | Yes | MA ST 269 § 10(j) |
Michigan | Yes | Yes | MI ST § 750.237a(5)(c), (5)(e) |
Minnesota | No | Yes | MN ST § 609.66 subd.1d(f)(8) |
Mississippi | Yes [x] | Yes [xi] | MS ST §§ 97-37-7(2); 97-37-17; 45-9-101 |
Missouri | No | Yes | MO ST §§ 571.107.1(10); 571.101; 571.030 |
Montana | No | Yes | MT ST § 45-8-361(3)(b) |
Nebraska | No | No | NE ST § 28-1204.04(1) |
Nevada | No | Yes | NV ST § 202.265.3(a)(3) |
New Hampshire | Yes | Yes [xii] | NH ST § 193-D |
New Jersey | No | Yes | NJ ST § 2C:39-5(e)(1) |
New Mexico | No | Yes [xiii] | NM ST § 30-7-2.1(A)(4) |
New York | No | No [xiv] | NY PENAL § 265.01-a |
North Carolina | No | No | NC ST § 14-269.2(g) |
North Dakota | No | Yes [xv] | ND ST § 62.1-02-05 |
Ohio | No | Yes [xvi] | R.C. §§ 2923.122(D); 5502.703 |
Oklahoma | No [xvii] | No [xviii] | OK ST T. 21 § 1280.1 |
Oregon | Yes [xix] | Yes | OR ST § 166.370(3)(g) |
Pennsylvania | Maybe [xx] | Maybe [xxi] | PA ST 18 Pa.C.S.A. § 912(c) |
Rhode Island | No | No [xxii] | RI ST § 11-47-60(b) |
South Carolina | No | Yes | SC ST § 16-23-420(A) |
South Dakota | No [xxiii] | Yes [xxiv] | SD ST §§ 13-32-7; 13-64-1, et seq. |
Tennessee | No | Yes [xxv] | TN ST §§ 39-17-1309; 49-50-803; 49-6-816 |
Texas | No | Yes [xxvi] | TX PENAL § 46.03(a)(1); TX EDUC §§ 37.0811; 37.0813 |
Utah | Yes | Yes | UT ST § 76-10-505.5(4) |
Vermont | No | Yes | VT ST T. 13 § 4004 |
Virginia | No | No | VA ST §§ 22.1-280.2:4; 18.2-308.1(E) |
Washington | No | No | WA ST § 9.41.280 |
West Virginia | No [xxvii] | No [xxviii] | WV ST § 61-7-11a |
Wisconsin | No | Yes [xxix] | WI ST § 948.605(2)(b)((1m) |
Wyoming | No | Yes | WY ST §§ 21-3-132; 6-8-104 |
[i] School authorization of educators to carry firearms in K-12 schools may also require possession of a valid concealed carry permit/license, specific training, and/or other requirements.
[ii] Arizona: Private schools may permit concealed carry licensees of the general public to carry firearms on school grounds; the foregoing provision does not apply to public schools. (See Attorney General Opinion, 2016 Ariz. Op. Atty. Gen. No. I16-009)
[iii] Arizona: Public and private, K -12 schools may authorize persons to carry firearms on school grounds as part of “program approved by a school”; public schools have the additional requirement of “specific authorization from the school administrator.” (See A.R.S. §§ 13-3102(A)(12); 13-3102(I)(2); § 15-341(A)(23); 2016 Ariz. Op. Atty. Gen. No. I16-009)
[iv] Arkansas: School authorization applies to private schools only and requires educators to have a concealed carry license. (See AR ST §§ 5-73-119(e)(11); 5-73-306(13)(B))
[v] Colorado: Authorization of educators to carry firearms in K -12 schools may turn on the statutory interpretation of whether such authorization is “for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon”; persons employed as a “school security officer” may carry with a concealed carry license. (See CO ST §§ 18-12-105.5(1)); 18-12-214(3)(b))
[vi] Delaware: Concealed carry permit holders of the general public may carry in schools; educators enjoy the same right under law as any concealed carry licensee.
[vii] Florida: Authorization of firearms in K -12 schools is obtained via the “Coach Aaron Feis Guardian Program,” established in 2018 as part of the Marjory Stoneman Douglas High School Public Safety Act.
[viii] Hawaii: There is no general state law prohibition of guns in schools; however, schools are given statutory authority to prohibit guns.
[ix] Hawaii: There is no general state law prohibition of guns in schools; however, schools are given statutory authority to prohibit guns.
[x] Mississippi: Individuals who possess an “enhanced concealed carry license” may carry concealed in K -12 schools; notwithstanding the foregoing provision, private schools may prohibit concealed carry of firearms on school grounds. (See MS ST § 97-37-7(2))
[xi] Mississippi: There is no legal provision for separate and specific school authorization; however, educators may obtain an “enhanced concealed carry license” and carry firearms in K -12 schools accordingly. (See MS ST § 97-37-7(2))
[xii] New Hampshire: There is no legal provision for separate and specific school authorization; however, educators may obtain a concealed carry license and carry in K -12 schools accordingly.
[xiii] New Mexico: Authorization of educators to carry firearms in K -12 schools may turn on statutory interpretation of whether such authorization is for “a person conducting or participating in a school-approved program, class or other activity involving the carrying of a deadly weapon.” (See NM ST § 30-7-2.1(A)(4))
[xiv] In 2019, Governor Cuomo signed a bill which stripped the prior ability of local school districts in New York to arm educators.
[xv] North Dakota: generally, state law does not allow educators to carry firearms in schools; however, two exceptions apply: 1) state law allows political subdivisions to create less restrictive local ordinances with respect to firearms in school zones that supersede state law (See ND ST § 62.1-02-05(3))
; and 2) the superintendent and school board of a public school may implement an “armed first responder program.” Note: the armed first responder program carries very specific and stringent requirements. (See ND ST §§ 62.1-02-05(2)(p); 62.1-02-14)
[xvi] Ohio: in 2022, HB 99 was passed into law and requires, among other things, that the board of education take certain actions and educators complete training as outlined in R.C. 5502.703 (See R.C. §§ 2923.122(D); 5502.703)
[xvii] Oklahoma: private schools may authorize the carry of concealed firearms to a person who is licensed to carry under the Oklahoma Self Defense Act. (See OK ST T. 21 § 1280.1(C)(4))
[xviii] Oklahoma: private schools may authorize the carry of concealed firearms to a person who is licensed to carry under the Oklahoma Self Defense Act; exceptions also apply to school personnel who hold a valid armed security guard license. (See OK ST T. 21 § 1280.1(C)(4), (7))
[xix] Oregon: concealed carry of firearms in K -12 schools with a license is generally allowed; however, the school board may adopt a policy prohibiting concealed carry. (See OR ST § 166.377)
[xx] Pennsylvania: generally, concealed carry of firearms is prohibited in K -12 schools; however, an affirmative defense is provided in state law if the possession or carry of firearms is pursuant to a “supervised school activity or course or is possessed for other lawful purpose.” (See PA ST 18 Pa.C.S.A. § 912(c); see also, Commonwealth v. Goslin, 156 A.3d 314 (2017))
[xxi] Pennsylvania: generally, school boards are not explicitly permitted to authorize educators to carry firearms on school property; however, an affirmative defense is provided in state law if the possession or carry of firearms is pursuant to a “supervised school activity or course or is possessed for other lawful purpose.” (See PA ST 18 Pa.C.S.A. § 912(c); see also, Commonwealth v. Goslin, 156 A.3d 314 (2017))
[xxiii] South Dakota: there is no prohibition against possession of firearms in private schools. (See SD ST § 13-32-7)
[xxiv] South Dakota: school authorities may authorize educators to carry firearms in K -12 schools according to South Dakota’s “School Sentinel Program” and corresponding statutory code sections. (See SD ST §§ 13-32-7; 13-64-1, et seq.)
[xxv] Tennessee: state law allows private schools to adopt a policy permitting certain persons to carry firearms (See TN ST §§ 39-17-1309(e)(9); 49-50-803); additionally, state law allows public, K -12 schools authorities in “distressed rural counties” to authorize educators to carry firearms (See TN ST §§ 39-17-1309(e)(9); 49-6-816). Authorization of firearms possession in public, K -12 schools, outside of “distressed rural counties,” is not permitted.
[xxvi] Texas: public and private schools may authorize educators to carry firearms upon being designated a “school marshal,” in conformance with the relevant statutory requirements. (See TX PENAL § 46.03(a)(1); TX EDUC §§ 37.0811; 37.0813)
[xxvii] West Virginia: private, K -12 schools may adopt a written policy allowing for the possession of firearms on school grounds. (See WV ST § 61-7-11a(b)(1)(B))
[xxviii] West Virginia: private, K -12 schools may adopt a written policy allowing for the possession of firearms on school grounds. (See WV ST § 61-7-11a(b)(1)(B))
[xxix] Wisconsin: state law provides an exception to the prohibition of firearms possession in K -12 schools under 18 USC 922(q)(2)(B)(iv) that applies to “ an individual for use in a program approved by a school in the school zone.” (See WI ST § 948.605(2)(b)((1m))