USMC student, lawfully carrying concealed is arrested and kicked of Western Oregon Un

This is a discussion on USMC student, lawfully carrying concealed is arrested and kicked of Western Oregon Un within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Post a comment on the school paper website. It is flooded with support for the young marine (and doesn't require the typical registration process): Western ...

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Thread: USMC student, lawfully carrying concealed is arrested and kicked of Western Oregon Un

  1. #16
    Member Array kimberland's Avatar
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    Post a comment on the school paper website. It is flooded with support for the young marine (and doesn't require the typical registration process):

    Western Oregon Journal

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  3. #17
    Distinguished Member Array nutz4utwo's Avatar
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    Quote Originally Posted by mkh View Post
    The school has a policy that prohibits carry on campus. Does that trump state law in Oregon?
    ORS 166.170 State preemption.

    (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
    Seeing how this is a State of Oregon public university, I think that should cover it.

  4. #18
    VIP Member Array Cupcake's Avatar
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    I missed how he was discovered to begin with...
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  5. #19
    Senior Member Array rhinokrk's Avatar
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    Quote Originally Posted by mkh View Post
    The school has a policy that prohibits carry on campus. Does that trump state law in Oregon?
    That's my guess. Probably not illegal to carry unless a student or teacher (signed contracts). If that's the case then the school is well within their rights.
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  6. #20
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Janq View Post
    This truly makes me sad.
    To hell with that school!
    Agreed. But, at the end of the day: students get expelled, faculty and staff get fired, the courts do not support the state preemption, and activist judges (see Jackson Cty and the Shirley Katz case) bend over for their 15mins in the sun by allowing it all to happen in contravention to state law.

    "Activist judges who are not deterred by common sense and reason are not going to be deterred by state preemption laws disallowing the very judgments they seem so willing to make." - ccw9mm
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  7. #21
    Member Array Gunner69's Avatar
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    Quote Originally Posted by mkh View Post
    The school has a policy that prohibits carry on campus. Does that trump state law in Oregon?
    In a word NO...

    Just an update...The DA refused to prosecute this guy however, the school held a kangaroo student court and expelled him and told him that if he wants readmission he has to take a psych eval and write a 10 page paper.. Links below...

    Oregon Firearms Federation
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  8. #22
    Distinguished Member Array SonofASniper's Avatar
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    Quote Originally Posted by Cupcake View Post
    I missed how he was discovered to begin with...
    From what I have read on it, he was first spotted as a "person with a weapon on campus" because of tactical folder knife. The account I read was when he was first approached by police and campus security, they immediately inquired about him having a knife. That opened the door for the subsequent question "do you have a gun?"

    I suspect though, that somewhere up the line of reporting him having a weapon, that someone had some first hand knowledge that he carried a concealed handgun.
    I will support gun control when you can guarantee all guns are removed from this planet. That includes military and law enforcement. When you can accomplish that, then I will be the last person to lay down my gun. Then I will carry the weapon that replaces the gun.

  9. #23
    Member Array user's Avatar
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    I hope when you're representing him that the publicly owned college is an agent of the state, and that the fifth amendment applies - they can't lawfully require him to admit guilt to a crime.

    I'm thinking this is a false arrest / false imprisonment case, and the damages would be the present value of the cost to his future career caused by the delay in his education, as well as all costs associated with relocating to another college of similar accreditation, moving, application fee, transcript fees, etc., as well as differences in the cost of living and tuition.
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  10. #24
    Member Array kimberland's Avatar
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    Quote Originally Posted by Gunner69 View Post
    write a 10 page paper
    Title: Why I Am Going To Get Free Tuition At Western Oregon University

  11. #25
    VIP Member Array Cupcake's Avatar
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    Quote Originally Posted by kimberland View Post
    Title: Why I Am Going To Get Free Tuition At Western Oregon University
    That's be great, but at the end of the day a school can expel you for failing to wear green on St. Patty's day if in the policy book. Not criminal disregard policy, but if you break the rules at my house (or DC.COM) you might be invited to leave.
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  12. #26
    Senior Member Array community's Avatar
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    I smell a lot of lawsuit money here.
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  13. #27
    Member Array Cliph's Avatar
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    SonofaSniper

    From what I read, there had been a complaint about a man trespassing on University property and the description bore some resemblance to Jeffery L. Maxwell, the Marine Vet. Campus cops found Mr. Maxwell studying in the Student Union. Instead of simply asking if he were a registered student there and asking to see his student ID, they asked if he had a weapon. Since the original suspected infraction was trespassing, this should have ended it. Instead, they asked first if he had a wepon and being a law abiding citizen, he answered "Yes".

    An irony is that Monmouth, OR where this occured, used to be where the Academy for a training law officers was sited. How is it that the Monmouth Police did not know the law? In a larger sense, why did they not immediately clear the building when they found that an armed gunman was there? How did they know this was not a cospiracy and that more armed gunmen or gunwomen were not present. If I were a student there or a parent of a student, I would consider a lawsuit for failure to protect. After all, it has happened before.

    The story was on KATU-TV and KVAL-TV last night and was fairly done. KATU did the interview so you can actually watch it and here Mr. Maxwell speak. If you go to their website, you can find the report, make a coment on it and/or paricipate in a poll about whether citizens with permits should be allowed to carry on campus. Last I looked, it was running way in favor of yes. Check it out. Maybe you'd like to vote in the poll.

  14. #28
    Senior Member Array rhinokrk's Avatar
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    Quote Originally Posted by community View Post
    I smell a lot of lawsuit money here.
    How do you figure, seems the man (doesn't matter if he's a Marine or not), was a student who signed a contract. Sounds to me that he violated that contract and was asked to leave. Just saying...
    YMMV
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  15. #29
    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by Cliph View Post
    How is it that the Monmouth Police did not know the law? In a larger sense, why did they not immediately clear the building when they found that an armed gunman was there? How did they know this was not a cospiracy and that more armed gunmen or gunwomen were not present. If I were a student there or a parent of a student, I would consider a lawsuit for failure to protect. After all, it has happened before.
    I'm sorry...do you know all the laws? Perhaps it wasn't handled correctly, but it seems they asked a simple question and got a simple answer.

    Let me get this straight...apparently a student is studying...and you want panic and mayhem by clearing the building because they guy is armed and appears peaceful?? LEOs have to judge on actions and perceptions...hopefully sure not going to cause a stampede and potentially making a bad situation worse.

    Conspiracy??? I do not follow your logic on any conspiracy.

    Lastly...failure to protect???..not sure where that is written anywhere. But we sure love to file lawsuits...the lawsuit society, someone elses fault.

    Rick

  16. #30
    Distinguished Member Array nutz4utwo's Avatar
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    Quote Originally Posted by rhinokrk View Post
    How do you figure, seems the man (doesn't matter if he's a Marine or not), was a student who signed a contract. Sounds to me that he violated that contract and was asked to leave. Just saying...
    YMMV
    I am not sure to which contract you are referring. It must be some sort of "i agree to be a student and follow university policies..." It is interesting to note that the University did not follow their own policy. Policy is to:

    If a person with a permit is encountered, they may be informed, if appropriate, that campus rules prohibit firearms on campus and in our buildings. They may be cooperatively requested to not bring the firearm when visiting in the future. (No penalty or criminal sanctions under the new ORS are available.) However, after being informed, violation "could" take place through a trespass or failure to comply with an order (OAR 80-22-045).
    They are causing financial harm to this man- he will loose 6 months of time before he can graduate and start working. He could claim damage (6 months worth of lost wages) for the University breaking OR law and University Policy. If he has to agree to follow the policy, the university has to agree to enforce it. They failed and it caused him harm.

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