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; A USMC Veteran was arrested last Wednesday at Western Oregon University where he was an active student. He was held until the Prosecutor dismissed all ...

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

  1. #1
    Member Array Cliph's Avatar
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    USMC student, lawfully carrying concealed is arrested and kicked of Western Oregon Un

    A USMC Veteran was arrested last Wednesday at Western Oregon University where he was an active student. He was held until the Prosecutor dismissed all charges. He is still kicked out of school for the current term and until he writes an essay about why he broke the law, even though he broke no law.



    Below is a quote from the Oregon Concealed Carry Forum who is backing a lawsuit against WOU.



    Legislators Join OFF In Defense Of Lawful Gun Owners.

    Representatives Kim Thatcher and Bruce Hanna joined OFF and the Oregon Firearms Educational Foundation today in defense of a college student (and Marine Corp veteran) who was falsely arrested at Western Oregon University last week.

    The student was charged with "possession of a firearm in a public building." The college has barred him from classes and the state has charged him with the same crime. The student was involved in no unlawful activities nor was he engaged in any actions that would discredit a responsible gun owner. He was just in the wrong place at the wrong time.

    There is one small problem. The student has a valid Oregon concealed handgun license. He is statutorily exempt from the prohibitions on gun possession in public buildings.

    Apparently neither the college nor the Monmouth Police are acquainted with the law.

    The student contacted us last week and we agreed to defend him against these charges, brought by people who seem incapable of reading.

    The student is going to face a "hearing" at the college early next week and OFF and our attorney will be there. Our foundation has promised to defend the student and provide whatever legal assistance he requires.

    This is an important case. Our foundation filed a lawsuit against the Oregon University System several years ago for the same attack on gun rights, but the court found that since the plaintiff had not been arrested or expelled, they would not consider the case.

    This case is different. The WOU student was singled out and arrested in spite of the fact that he had committed no crime.

    He has been trespassed off the school property and had his academic career damaged for a "crime " that does not exist. We are committed to defending him.

    It is ironic that at a time when when universities are begging for armed guards, some are also demanding that trained gun owners be disarmed.

    No matter how this battle goes, it will be expensive. If you would like to make a tax deductible donation to our legal foundation to help us cover the costs of the student's defense, we would be grateful for your help. You can donate here.

    Please be sure to note that your donation is for OFEF so you receive a receipt for tax purposes.


    --------------------

    Tim

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  3. #2
    Member Array Cliph's Avatar
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    Her's a link to the story. Be sure to read the article in the campus newspaper and the replies. This would be funny if they weren't so ignorant of Oregon Law and the nature of those of us who legally carry concealed.

    WOU Student Arrested for carrying a Handgun - Oregon Concealed Carry

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    VIP Member Array Paco's Avatar
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    What a croc, both for a CCW holder AND a veteran.

    I hope he decides to change colleges.
    "Don't hit a man if you can possibly avoid it; but if you do hit him, put him to sleep." - Theodore Roosevelt

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    Somehow I doubt the ACLU will step in to help.
    CCW permit holder for Idaho, Utah, Pennsylvania, Maine and New Hampshire. I can carry in your country but not my own.

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    Quote Originally Posted by GunnyBunny View Post
    Somehow I doubt the ACLU will step in to help.
    Hey, he could claim to be gay too.....

    j/k

  7. #6
    Distinguished Member Array nutz4utwo's Avatar
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    here is OR law:

    Chapter 166 — Offenses Against Public Order; Firearms and Other Weapons; Racketeering
    166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school. (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.

    (2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:

    (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.

    (B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.

    (b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.

    (3) Subsection (1) of this section does not apply to:


    (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.

    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

    (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.

    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.


    (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.

    (f) Possession of a firearm on school property if the firearm:

    (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and

    (B) Is unloaded and locked in a motor vehicle.

    (4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.
    just in case you are curious, 166.291 details the Concealed
    Handgun License:

    166.291 Issuance of concealed handgun license; application; fees; liability. (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person...

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    Distinguished Member Array nutz4utwo's Avatar
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    some more info for you all:

    http://www2.wou.edu:7777/pls/wou2/po..._to_display=61

    Possession of Firearms, Explosives, Munitions, Dangerous Chemicals, Weapons on Campus

    Policy:

    Pursuant to O.A.R. 580-22-045 the Western Oregon University Campus Safety Services Department shall prohibit the possession of firearms, ammunition, explosives, dangerous chemicals, fireworks or related dangerous items on campus except where exclusively authorized by the President, or through contract, for instructional purposes, part of inter-collegiate sanctioned events, civic events sanctioned by the university, law, or in the course of work (e.g. police, BPSST, law enforcement services)....


    This policy includes prohibiting weapons carried by individuals "licensed" to carry concealed weapons. O.R.S. 160.370(2)(d) has been amended to permit a "broader" group or people to carry concealed weapons. However, the President and Western Oregon University has the authority to control, manage and regulate behavior on campus.

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    Senior Member Array BamaSteve's Avatar
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    scary...people are so ignorant. I don't understand why people feel threatened by someone legally carrying. As many have said before, if someone is going to do major harm, they aren't worried about getting a freaking license.
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  10. #9
    Distinguished Member Array nutz4utwo's Avatar
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    one more:

    http://www2.wou.edu:7777/pls/wou2/po..._to_display=61

    Citizens - Members of the public who have permits to conceal a weapon may
    mistakenly think the permit authorizes them to carry their weapon(s) into public
    buildings. A permit to conceal a weapon does not create the authority to carry
    a weapon openly or concealed into a public building.

    It merely exempts the permittee from a strict liability statute (ORS 166.370)
    which would otherwise impose an "automatic" criminal penalty. Without a
    concealed weapons permit, ORS 166.370 makes it a crime for anyone except certain
    police or military officials to bring loaded or unloaded firearms into public
    buildings regardless of their intent.

    A. 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).
    This is not our preferred method and would be utilized only in a very
    unusual situation AFTER SUPERVISOR CONSULTATION. ORS 164.265 - Criminal
    Trespass while in possession of a firearm as stated in Definitions section
    of this policy.

  11. #10
    mkh
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    Distinguished Member Array mkh's Avatar
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    The school has a policy that prohibits carry on campus. Does that trump state law in Oregon?

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    VIP Member Array ccw9mm'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?
    No. But not one judge has stepped up to do his/her responsibility by slapping down such actions by the colleges and universities. Students get expelled and faculty/staff get fired ... all due to ignorance and fear; and no judge will back up the state's position, as a result of supreme dishonor with respect to the intent of the law.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

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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?
    Can't speak for other States.

    However, here in Virginia the answer is yes and no.

    WOU's
    Citizens - Members of the public who have permits to conceal a weapon may mistakenly think the permit authorizes them to carry their weapon(s) into public
    buildings.
    would not stand up here.

    OTOH

    Western Oregon University Campus Safety Services Department shall prohibit the possession of firearms, ammunition, explosives, dangerous chemicals, fireworks or related dangerous items on campus except where exclusively authorized by the President, or through contract, for instructional purposes, part of inter-collegiate sanctioned events, civic events sanctioned by the university, law, or in the course of work (e.g. police, BPSST, law enforcement services
    is very similar to the Virginia's "condition of employment" and "condition of admission" and is binding on employees and students -- albeit not on the general public.
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  14. #13
    Senior Member Array BamaSteve's Avatar
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    I still don't think that a public state university can make rules that go against the state's rules. Wouldn't that be like state law being held up over federal law? Correct me if I'm wrong.
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  15. #14
    Senior Member Array usmc3169's Avatar
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    I hope the Marine wins this fight - These liberal institutions are deathtraps any time a gunman comes walking in.
    "All that is necessary for the triumph of evil is that good men do nothing."

  16. #15
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    This truly makes me sad.
    To hell with that school!

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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