Lawsuit pits state law vs. University of Ky regulations

This is a discussion on Lawsuit pits state law vs. University of Ky regulations within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The following article was in the University of Kentucky's paper this morning. I'm glad someone is finally fighting that fight. Its always been a gray ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 28

Thread: Lawsuit pits state law vs. University of Ky regulations

  1. #1
    Member Array Datsun40146's Avatar
    Join Date
    Jan 2009
    Location
    Lexington Ky
    Posts
    278

    Lawsuit pits state law vs. University of Ky regulations

    The following article was in the University of Kentucky's paper this morning. I'm glad someone is finally fighting that fight. Its always been a gray area in Kentucky's laws. The general idea is "Can UK make regulations that are against Kentucky law" Anyway feel free to read the article and discuss.

    Lawsuit pits state law vs. UK regulations : The Kentucky Kernel

    One UK student is facing off against the university when it comes to his right to bear arms.
    State law will weigh against university regulation in the case of one UK graduate student who is suing the school.
    Michael Mitchell, an epidemiology graduate student and former UK Hospital employee who filed a lawsuit against the university last week, argues that because Kentucky law says he can possess a registered firearm, UK cannot regulate him carrying one in his personal vehicle.

    UK spokesman Jimmy Stanton said the university could not comment because of pending litigation.
    If an individual is in possession of a registered firearm and keeps the weapon in his or her vehicle and does not remove it, then that individual is not guilty of a crime, according to the provision titled KRS 527.070.
    However, according to UK administrative regulations passed in June 2007, any student or faculty member, even if he or she possesses a permit to carry a weapon, is prohibited from carrying it on any campus-owned or leased property including parking lots.
    Christopher Hunt, Mitchell’s attorney, said he and Mitchell are arguing that UK’s rights are limited.
    “We’re arguing that (their right to regulate) is restricted to some extent by this other statute,” Hunt said.
    According to the regulations, university employees who violate the weapons policy are subject to corrective action, including termination of employment.
    Mitchell said a fuzzy line exists in the campus regulations when university-affiliated students or faculty come from other locations in their car and cross campus property.
    “Is that telling me that I have to stop at the border and toss my gun out the window?” he said. “The argument is, ‘does UK’s policy go above state law?’”
    After UK Police responded to an anonymous claim that Mitchell had a firearm in his locker and did not find one, Mitchell told police he had a registered gun in his car, kept at K-lot. According to court reports, police escorted him to his car and were ordered to confiscate the weapon and Mitchell cooperated.
    After the incident, Mitchell said his supervisors told him he was being suspended and about a week later he was fired.
    Hunt said he and Mitchell agree that UK can restrict the possession of firearms, but the right is limited in certain areas.
    “… And we’re saying that we’re in one of those areas,” Hunt said.
    Colleges have the right to regulate the possession of concealed weapons on university-owned properties, according to the Kentucky State Police Web site.
    Here is Michael Mitchell facebook link if anyone wants to send him a few words of encouragement.
    Login | Facebook
    Last edited by Datsun40146; February 3rd, 2010 at 03:18 PM.
    "The 280z, is more like a skittish, half broken bronco, that requires constant attention, challenges your driving ability and will literally ride the driver hard and put him away wet."
    -Hybridz.org

  2. Remove Ads

  3. #2
    Senior Moderator
    Array MattInFla's Avatar
    Join Date
    Nov 2005
    Location
    Central Florida
    Posts
    4,857
    Wow, talk about an example of not knowing when to keep one's mouth shut.

    "After UK Police responded to an anonymous claim that Mitchell had a firearm in his locker and did not find one, Mitchell told police he had a registered gun in his car, kept at K-lot."

    Why on Earth would he volunteer that?

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  4. #3
    Distinguished Member Array Brady's Avatar
    Join Date
    May 2008
    Location
    South Carolina
    Posts
    1,414
    here comes a... test CASE
    ...he that hath no sword, let him sell his garment, and buy one. Luke 22:36
    USN/VET; NRA; GOA, jpfo.org
    Life in a Jar: The Irena Sendler Project www.irenasendler.com

  5. #4
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    I read "UK" in your thread subject as being that of the United Kingdom.
    Imagine my confusion to start.

    University of Kentucky would better read as 'U of K' or 'UKY' as they use for their website; http://www.uky.edu

    Just a suggestion toward the rest of us among the nation and world unfamiliar with Kentucky and/or this specific school.

    Agreed Matt, it is stupefying that he would volunteer that information.
    Maybe they had indicated to him request/demand to search his vehicle next (?).

    - 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

  6. #5
    Distinguished Member Array razor02097's Avatar
    Join Date
    Oct 2009
    Location
    Ohio
    Posts
    1,974
    Quote Originally Posted by Janq View Post
    I read "UK" in your thread subject as being that of the United Kingdom.
    Imagine my confusion to start.

    University of Kentucky would better read as 'U of K' or 'UKY' as they use for their website; Welcome to the University of Kentucky

    Just a suggestion toward the rest of us among the nation and world unfamiliar with Kentucky and/or this specific school.

    Agreed Matt, it is stupefying that he would volunteer that information.
    Maybe they had indicated to him request/demand to search his vehicle next (?).

    - Janq
    errrmmmm I'm in Ohio and we call it UK... I know Ohio did pass a law for the anti gun colleges. You can lock up your gun in the car on school property. Kentucky had it longer then Ohio. Its really sad how a state funded college thinks they are above the law...

  7. #6
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    No doubt folk refer to it as UK...But for those many of us who are not in college or aligned with say college sports by far around the world the term UK has for ages been mostly known to be a country code, for the United Kingdom.
    Same as USA is for the United States of America; Even as is it also associated to a television channel.

    Also the title of the thread leads no indication that UK is a school.
    I came in thinking why would US law have anything to do with any UK regulations, as being a nation unto itself.

    - 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

  8. #7
    Distinguished Member Array BigStick's Avatar
    Join Date
    Dec 2009
    Location
    Gig Harbor, WA
    Posts
    1,455
    Why would the Police confiscate his gun. He broke no laws. I could see them escorting him off campus at the request of university security, but on what basis did they seize his gun? And yes, why would you volunteer that information? Maybe they asked and he didn't want to lie to the police.

    Regardless of how it went down, lets hope he has a good lawyer and some backing from other agencies (NRA GOA etc...) If he wins, this could be a big step forward for all students.

    And I also was wondering what Kentucky laws had to do with England??? I can see how it comes about, and around here people even just refer to "The U" and you are supposed to know which one they are talking about. People forget that not everyone is in their college town's bubble.
    Walk softly ...

  9. #8
    Member Array Datsun40146's Avatar
    Join Date
    Jan 2009
    Location
    Lexington Ky
    Posts
    278
    I have corrected the ambiguity of the thread's title, it should no longer be a problem. Anyway, I will try to keep everyone updated as this case unfolds. It could be a huge win for the student of U of K!
    "The 280z, is more like a skittish, half broken bronco, that requires constant attention, challenges your driving ability and will literally ride the driver hard and put him away wet."
    -Hybridz.org

  10. #9
    Distinguished Member Array 21bubba's Avatar
    Join Date
    Jun 2009
    Location
    ky.
    Posts
    1,890
    Would remind some of the abbreveations that get used on here.

  11. #10
    Member Array OLDPUPPYMAX's Avatar
    Join Date
    Sep 2009
    Location
    Kentucky
    Posts
    115
    As for the UK thing, I've lived in Ky for nearly 20 years now. I discovered early on that there were 2 facts of life in the commonwealth--Basketball is king, football is just something to do if the court is taken. And anyone not recognizing UK as the University of Kentucky--immediately--is probably a foreigner...you know, like some football fan or something. Anyhow, the left invariably rules universities. Constitutional rights simply don't exist. Perhaps Mitchell brought attention to the pistol in his vehicle for the purpose of testing the law. He might have had going to court in mind for some time. I've found the majority of Ky to be quite pro-gun, pro 2nd amendment. Such a mindset could be of assistance to his cause.

  12. #11
    Distinguished Member Array 21bubba's Avatar
    Join Date
    Jun 2009
    Location
    ky.
    Posts
    1,890
    Quote Originally Posted by Janq View Post
    I read "UK" in your thread subject as being that of the United Kingdom.
    Imagine my confusion to start.

    University of Kentucky would better read as 'U of K' or 'UKY' as they use for their website; Welcome to the University of Kentucky

    Just a suggestion toward the rest of us among the nation and world unfamiliar with Kentucky and/or this specific school.

    Agreed Matt, it is stupefying that he would volunteer that information.
    Maybe they had indicated to him request/demand to search his vehicle next (?).

    - Janq
    Don't worry Jang, it's a hillbilly thing.

  13. #12
    VIP Member Array hogdaddy's Avatar
    Join Date
    Mar 2008
    Location
    N/E Florida
    Posts
    3,289
    University of KY>>>
    A Native Floridian = RARE


    IT'S OUR RIGHTS>THEY WANT TO WRONG
    H/D

  14. #13
    Member Array fireman836's Avatar
    Join Date
    Jan 2009
    Location
    Eastern Shore, VA
    Posts
    171
    Quote Originally Posted by hogdaddy View Post
    University of KY>>>
    Sounds like a slipery place
    I carry a bible and a gun. Your Point?

    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")

  15. #14
    Senior Moderator
    Array Tangle's Avatar
    Join Date
    Dec 2004
    Location
    Chattanooga
    Posts
    9,713
    I'm thinking he volunteered the info to get a reaction and to open the door for him to legally challenge the university's policy.
    I'm too young to be this old!
    Getting old isn't good for you!

  16. #15
    Ex Member Array maddyfish's Avatar
    Join Date
    Jan 2010
    Location
    nKy.
    Posts
    450
    UK and I mean UK, not England, needs their teeth kicked in sometimes.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Virginia State EMS regulations and firearms; prohibition 'struck' - so far so good
    By paramedic70002 in forum Off Topic & Humor Discussion
    Replies: 0
    Last Post: February 26th, 2011, 12:49 PM
  2. Colorado State University considering ban on CC
    By Sticks in forum Concealed Carry Issues & Discussions
    Replies: 34
    Last Post: December 5th, 2009, 05:25 PM
  3. Saf lawsuit forces change in d.c. Gun regulations
    By jfl in forum The Second Amendment & Gun Legislation Discussion
    Replies: 11
    Last Post: June 20th, 2009, 12:30 AM
  4. Court orders gun libel lawsuit back to state
    By mrreynolds in forum The Second Amendment & Gun Legislation Discussion
    Replies: 4
    Last Post: December 20th, 2008, 12:04 PM
  5. Ohio State University CCW
    By politicalgeek in forum Concealed Carry Issues & Discussions
    Replies: 9
    Last Post: May 8th, 2007, 09:17 PM

Search tags for this page

concealed carry university kentucky
,

concealed carry university of kentucky

,
kentucky gun lawsuit
,
lawsuits against university of kentucky
,

lawsuits against university of kentucky hospital

,
lawyer for mitchell vs university of ky
,

michael mitchell v university of kentucky

,
mitchell vs university of kentucky
,

mitchell vs. university of kentucky

,
uk hospital lexington ky concealed carry
,

university of kentucky concealed carry

,
university of ky sued for guns
Click on a term to search for related topics.