Weapon Law Violations
a. Weapons Law Violations is the violation of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.
b. This classification encompasses weapons offenses that are regulatory in nature. Agencies must include: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc. of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; and attempts to commit any of the above.
- Count the number of persons arrested.
- Do NOT count the number of occurrences of law violations.
Examples of Arrests and Referrals
- Scenario 1: In an on-campus student housing facility room three underage students and a nonstudent are found drinking alcohol in violation of state law. The students are referred for disciplinary action, while the nonstudent is given a written citation. Include three referrals for Liquor Law Violations in both the on-campus category and in the on-campus student housing facility category as well as one arrest for a Liquor Law Violation in the on-campus category and in the on-campus student housing facility category.
- Scenario 2: A party at an off-campus, university-owned fraternity house is busted, and 30 students are both arrested and referred for disciplinary action for state Liquor Law Violations by campus police. Include this as 30 noncampus arrests for Liquor Law Violations.
- Scenario 3: A 21-year-old student is referred for disciplinary action for possessing a beer at an on-campus fraternity house on a “dry” campus. Do not include this incident in your Clery Act statistics because no violation of the law occurred.
- Scenario 4: A dozen students are cited for underage drinking by campus police at a popular off-campus bar. Do not include these violations in your Clery Act statistics as they occurred on private property off campus.
- Scenario 5: A student is referred for disciplinary action for smoking a marijuana cigarette in his on-campus dorm room. Because this is his first offense, he is issued a warning and no sanction is imposed. A record is established of the action. Include this as one on-campus referral and one on-campus student housing facility referral.
- Scenario 6: Two nonstudents are arrested during an on-campus football game for possession of cocaine. Include this as two on-campus arrests for Drug Abuse Violations.
- Scenario 7: A student is cited for having a firearm in his or her residence hall room in violation of state law. Include this as one arrest for Weapons: Carrying, Possessing, Etc., in the on-campus category and one arrest for Weapons: Carrying, Possessing, Etc., in the on-campus student housing facility category.
- Scenario 8: A faculty member is referred for disciplinary action for having a firearm in his or her office in violation of school policy. The state in which the campus is located does not have a law against possessing a firearm on campus. Do not include this incident in your Clery Act statistics because there was no violation of the law.
- Scenario 9: Police respond to an incident at a noncampus, institution-owned sorority house where there are underage students drinking at a party. The officers list all 10 of the students in their report, which is forwarded to the campus Judicial Affairs office. A Judicial Affairs official interviews the students and finds that two of them had not been drinking. Those students are not charged. Judicial Affairs continues the disciplinary process against the eight students who were drinking. Include this as 10 noncampus referrals for disciplinary action because all 10 students were referred for underage drinking.
- Scenario 10: A resident assistant (RA) has the duty of loading disciplinary information into an electronic database. She enters the names of 15 students who were referred for disciplinary action as a result of being at an on-campus party where there was underage drinking in violation of state law. The RA’s supervisor begins the disciplinary action process by reviewing the information in the database. She determines that five of those students were present in a location where illegal drinking took place but that these five students did not violate any liquor laws. Nothing more is done in terms of disciplinary action for those five individuals. The disciplinary process continues for the remaining 10 individuals who were at the party. Include this as 15 referrals for disciplinary action in the on-campus category because 15 students were referred for underage drinking.
- Scenario 11: Two students are caught smoking marijuana before class in the stairwell they use to access their classroom in a noncampus building. The students are brought before a panel of their peers for a disciplinary hearing. The dean of students is present to monitor the proceedings. The panel of students determines that the two students broke the law and requires them to attend drug abuse counseling sessions at the school health clinic. A record of the disciplinary action is established by the institution. Include this as two Drug Abuse Violation referrals in the noncampus category.
- Scenario 12: A Burglary occurs at a business down the street from campus. The suspect is chased by police and apprehended on campus. The suspect is carrying a firearm in violation of state law and arrested for both Burglary and a Weapons Violation while on campus property. Include this as one on-campus arrest for Weapons: Carrying, Possessing, Etc. Do not include the Burglary in your Clery Act statistics because the Burglary did not occur on Clery Act geography.