Montclair State University in N.J. Bans All Weapons. Even Pepper Spray?

When looking at the overlap between government and state stakeholders, and public entities, things can be a little complicated. Take for example any number of the state universities that are throughout the country. When state and government funds are appropriated for these schools, the schools shouldn’t get to act as if they’re a private business. As pseudo-governmental bodies, state universities have to respect the Constitution. They should not be allowed to completely disarm the students they serve. Montclair University in N.J. appears to be a state college that’s doing exactly that.

There are 13 public colleges and universities in the Garden State. Of the 13, three of them consist of separate campuses of Rutgers University. According to Governor Phil Murphy’s 2025 budget proposal for state colleges and universities, taxpayers were projected to fork over “$2.2 billion in direct support for higher educational services, including support for public and independent institutions of higher education, financial aid for students, and the operations of the Secretary of Higher Education.” Of the $2.2 billion, $939.5 million was carved out specifically for “operating aid to the 13 senior public institutions of higher education.”

Clearly, the state colleges and universities belong to the people of New Jersey.

Montclair University has a rather ambiguous weapons policy. Maybe it’s not ambiguous at all:

Students are prohibited from threatening to and/or bringing any weapon or facsimile of a weapon to campus, to University-related premises, or to University-related events, including academic, athletic, and social events held away from campus. Specific restrictions include:

1. Possession, storage or knowledge of possession and failure to report a dangerous weapon or realistic model of a weapon, including firearms or any explosive or incendiary device of any description;

2. Unauthorized use of any weapon or realistic model of a weapon, including items described in the New Jersey Code of Criminal Justice, or any similar instrument that has no legitimate or obvious purpose related to the educational program, including: dart gun, BB gun, bow and arrow, any instrument that can hurl a projectile, hunting knife, carpet knife, knives except those whose purpose is related to the preparation or consumption of food.

3. Exceptions to this policy include replica/toy versions of any weapon that is used for an on-campus class presentation, project, or activity with the faculty/staff member overseeing the event and University Police being alerted prior to the event occurring.

Notably absent from the list of prohibited weapons, but also not listed in the “exceptions to this policy,” is pepper spray. College campuses can be incredibly dangerous. Debating the possession of firearms on campus is a whole other matter. But, what about pepper spray?

Other state universities like Rutgers, have a bit of a different weapons policy. Rutgers, like Montclair, bans most conventional weapons. However, they explicitly state in their code of conduct that, “Possessing and storing small containers of pepper spray is permitted.”

Where’s that leave the students of Montclair? Several officials at the university were contacted and asked to comment on and or clarify the policy. 

The Office of the Dean of Students, the president of the university, Christopher Trautman the director of student conduct, and Keith Barrack the chief of staff of Office of the President, were all contacted. The university’s press contacts, Elyse Fernandez and Andrew Mees were also contacted for comment.

None of the Montclair State University – a public college and university – officials responded for comment.

Where does this leave the defenseless students of Montclair State University? Who knows. The university won’t take a stance on whether or not they consider pepper spray a weapon – which by N.J. statute, it is. 

Sending your daughter off to one of N.J.’s state universities? Perhaps find out what the school thinks about her safety first. Not sure about Montclair? That’s okay, if the weapons policy is broken, students are only subject to the following, “Minimum sanction: Suspension; Maximum sanction: Expulsion.” Seems like a reasonable gamble.

There are 939.5 million reasons why Montclair owes the people an explanation. They should give clarity on whether or not pepper spray is prohibited. If it is prohibited, does a taxpayer funded university really have the power to disarm the people to that degree? Whether or not clarity or comment will be forthcoming after the officials have a further chance to discuss this quandary is not known. We’ll certainly be issuing an update – should we get one – in the future.