universities not banning guns? - Page 3

universities not banning guns?

This is a discussion on universities not banning guns? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by KahrGirl In CA CCWers are exempt for the "gun free zone". However, if you are a student and signed your life away ...

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Thread: universities not banning guns?

  1. #31
    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by KahrGirl View Post
    In CA CCWers are exempt for the "gun free zone". However, if you are a student and signed your life away to the CSU, or whatever, you are to inform/ask the campus security about your CCW and request the privilege of packing on campus...Otherwise you may not "PASS GAS" on campus

    They would always say NO, because of the lawyers in suits afraid of liability. Just like coming into any store if you ask they would say "heavens no" just because.


  2. #32
    VIP Member Array friesepferd's Avatar
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    Well Im currently looking at two schools for grad school- U of Utah and Boise State. Boise has a 100% no guns policy. Where U of U you can carry... well thats one more point for utah.

  3. #33
    Member Array ShadeAngel's Avatar
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    Quote Originally Posted by rljohns View Post
    Okay so this part says it's OK.

    (3) It shall not be an offense under this section if:

    ...

    The person, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon issued pursuant to section 18-12-105.1, as said section existed prior to its repeal; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or

    (d.5) The weapon involved was a handgun and the person held a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article; except that it shall be an offense under this section if the person was carrying a concealed handgun in violation of the provisions of section 18-12-214 (3); or

    (e) The person is a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or

    Good to know, thanks of the information guys.
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  4. #34
    Senior Member Array tanksoldier's Avatar
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    Quote Originally Posted by ShadeAngel View Post
    Well you might want to tell this guy who was charged with two felony counts. And he wasn't even carrying, they were just in his dorm room.
    As I understand that case he wasn't a permit holder. The law says that anyone with a permit can carry anywhere except certain places. Banning weapons, even long guns, from possession by a NON-permit holder is just fine... and that's what they charged him with.

    Quote Originally Posted by rljohns View Post
    I was going by what the Larimer County Sheriff said in person on the KHOW 630 Caplis and Silverman show. He said that the CU Regents policy was against CRS 12:18
    That's interesting

    Maybe dorms have a different rule. But won't there need to be a state law against it? Maybe that's a Boulder City Ordinance. I didn't realize that a school could make up felonies
    Boulder can't preempt state law. Only Denver can to a limited extent. He was charged with violating CRS 18-9-117g Unlawful conduct on public property. CRS 18-12-214 is what allows you to carry a firearm and prevents them from banning that carry most places. They can make whatever rules they want for non-permit holders since they aren't protected by the statute.
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  5. #35
    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by tanksoldier View Post
    As I understand that case he wasn't a permit holder. The law says that anyone with a permit can carry anywhere except certain places. Banning weapons, even long guns, from possession by a NON-permit holder is just fine... and that's what they charged him with.



    That's interesting



    Boulder can't preempt state law. Only Denver can to a limited extent. He was charged with violating CRS 18-9-117g Unlawful conduct on public property. CRS 18-12-214 is what allows you to carry a firearm and prevents them from banning that carry most places. They can make whatever rules they want for non-permit holders since they aren't protected by the statute.
    Very interesting point. So it's kinda like a right to work state - in that your employer can fire you for no reason, but can't fire you for the wrong reason. Once you have the permit, your sort of a "no touch" person with these petty charges such as branshing, mennecing, etc as long as concealed is concealed.

  6. #36
    Senior Member Array rljohns's Avatar
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    Denver is a "home rule" city. They still can't preempt any of the CCW concepts. They can only effect open carry, assualt weapons (bad term), storage, and non-permit behavior.

  7. #37
    Member Array sailormnop's Avatar
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    Quote Originally Posted by kavity View Post
    The AG of Virginia clarified that its NOT illegal to carry on campus with a CHP. (Except VCU).

    However, all Virginia colleges have some sort of "gun free zone" policy. You can see how well that worked out for everyone at my school >:|
    So if you carry on campus, does that make you a criminal or just risk getting expelled?
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  8. #38
    VIP Member Array friesepferd's Avatar
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    expelled

  9. #39
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    Quote Originally Posted by robere View Post
    If you're a criminal you can carry on any campus in this country. If you have a permit, you're limited to Utah.
    Oregon disallows banning by state universities and colleges, given the preemption clause. Though, many colleges still take the actual stand that it's verboten. So, you're left with being expelled and a lawsuit to get back in. But, legally, you're allowed to carry on campus, if licensed to carry.
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  10. #40
    Senior Member Array rljohns's Avatar
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    CU

    Quote Originally Posted by ccw9mm View Post
    Oregon disallows banning by state universities and colleges, given the preemption clause. Though, many colleges still take the actual stand that it's verboten. So, you're left with being expelled and a lawsuit to get back in. But, legally, you're allowed to carry on campus, if licensed to carry.
    Same as Colorado, the problem is Ken Salazar. When he was AG for the State of Colorado, he wrote a very blatantly incorrect AG opinion saying the Board of Regents at CU could ignore State Law and make a policy. In our preemption law CU would need to put metal detectors at each entrance of every building they wish to ban weapons. Without the metal detectors they are in violation of CR'S.

    It just need to be challenged in court at the state supreme court level.

  11. #41
    Senior Member Array kavity's Avatar
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    Quote Originally Posted by sailormnop View Post
    So if you carry on campus, does that make you a criminal or just risk getting expelled?

    Not a criminal. They can ask me to leave/take my gun off campus or they could have me expelled (or anything in between). This puts me in a tough situation--I feel that I should be allowed to carry on campus and its my responsibility to protect myself. However, in doing so I will be in violation of school policy which could lead to my suspension or expulsion.

    I'd like to think that if this happened I would be the tip of the spear in terms of cc campus rights (meaning that I would win whatever lawsuit that was thrown at me), but I don't know if I want to be the sacrificial lamb for this cause...because I only have a year left and getting expelled would LAME++.

    This is a conundrum.

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