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Gonzaga University students could face expulsion for gun

davidmcbeth

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Campus Security officers told the roommates that they violated GU policy and took the pistol. They also confiscated a shotgun the roommates had in their apartment.


These guys any relation to Joe Biden? lol

Its BS of course ...
 

EMNofSeattle

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Gonzaga is a privately university, they have a right to contract with their students and expel for violations.

BYU is a privately owned school and they will expel students for off campus consumption of alcohol, tobacco, or for pre marital sex even if they're not Mormon because students signed an honor pledge to attend the private school.

Same deal here, the school is a private entity, they can choose who they admit and don't and can terminate student enrollment for non compliance with the agreement they signed.


That being said, a private entity does not have the right to confiscate private property, those students should go down to the police and report their guns stolen and ask that charges be filed against the security officers
 
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EMNofSeattle

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Can enforce on off campus housing? Like mcbeth said, its bs, of course

It's campus owned housing.

I would have to see their handbook to see what exactly they can and cannot do. But they can in fact ban gun possession and expel you for possessing, it's freedom of contract, you're free not to accept their service if you don't want to abide by their terms. Do their terms include no guns in university owned apartments? Maybe.... But I would need a copy of the student handbook to know that.
 

MattinWA

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I saw a story on tv, where they interviewed a gonzaga higher up. He said the policy was to make the environment safer for the students. I bet the six time felon who came knockin agrees with campus policy, and after this news story breaks, all the future felons will know where to rob safely.
 

EMNofSeattle

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I saw a story on tv, where they interviewed a gonzaga higher up. He said the policy was to make the environment safer for the students. I bet the six time felon who came knockin agrees with campus policy, and after this news story breaks, all the future felons will know where to rob safely.

I want to know the legal authority to take their guns. To me it's cut and dried theft of a firearm.
 

skidmark

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I want to know the legal authority to take their guns. To me it's cut and dried theft of a firearm.

Trying (only for the sake of exercising my legal mind) to put the best possible legal light on this - the gun was merelyt seized as "evidence" to be presented in some sort of disciplinary hearing that will lead to them being kicked out of school-owned housing and/or the school itself.

If the gun is not returned to them then yes, you are correct that it is theft.

stay safe.
 

EMNofSeattle

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Trying (only for the sake of exercising my legal mind) to put the best possible legal light on this - the gun was merelyt seized as "evidence" to be presented in some sort of disciplinary hearing that will lead to them being kicked out of school-owned housing and/or the school itself.

If the gun is not returned to them then yes, you are correct that it is theft.

stay safe.

In washington we have a specific law on theft of a firearm, regardless of a firearms value, stealing a firearm is a class B felony. I don't believe they have the right to take it even for "evidence" especially since the disciplinary board is not a court of law, security is not police officers, and the student honor code is not recognized law applicable to the public.

Edit rcw 9a.56.300 is a cite on the stealing a firearm charge.

I know what you're saying skid. I just think the school has no authority to do it period... Like I said, they signed an agreement that likely contained a no firearm clause, but that's a civil matter. Taking the firearm is a criminal matter IMO
 
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golddigger14s

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Did they have a warrant? Sound like illegal search, and seizure to me.

PS. the editing/grammar in the story is horrendous:
"GU leaders said the students violated a policy all students show know about when living in a school owned apartment. "

"University leaders said the students should have know about the weapon policy. Leaders also said the policy is common across the country."
 
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EMNofSeattle

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Did they have a warrant? Sound like illegal search, and seizure to me.

PS. the editing/grammar in the story is horrendous:
"GU leaders said the students violated a policy all students show know about when living in a school owned apartment. "

"University leaders said the students should have know about the weapon policy. Leaders also said the policy is common across the country."

I find the use of the word "apartment" in this context curious. Maybe Im just arguing semantics, but to me an apartment would imply a leased residence where the lessee has a property interest and is subject to te residential landlord tenant act. Versus a dormitory where one simply occupies the space while enrolled.

Assuming the property is subject to the tenant act and the security entered without permission the security guards did not violate the students constitutional rights, they can't becuase they're not agents of the government, instead the committed the crime of trespass and residential burglary...
 

Jeff Hayes

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I find the use of the word "apartment" in this context curious. Maybe Im just arguing semantics, but to me an apartment would imply a leased residence where the lessee has a property interest and is subject to te residential landlord tenant act. Versus a dormitory where one simply occupies the space while enrolled.

Assuming the property is subject to the tenant act and the security entered without permission the security guards did not violate the students constitutional rights, they can't becuase they're not agents of the government, instead the committed the crime of trespass and residential burglary...

I agree with ENM on this, my understanding was the apartments were not on campus it was an apartment building that Gonzaga rented to students. Even if it was on campus the university has no authority to confiscate private property. As far as I know the security personnel are not sworn peace officers. Gonzaga is a private university not a state institution and thus they do not have the protection that a state institution would have. Think about it like this if your landlord had a written policy against firearms and discovered that you had them could they then enter your apartment and take your property. I am hoping these two guys get a free education somewhere else on Gonzaga.
 

Bill Starks

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It's campus owned housing.

I would have to see their handbook to see what exactly they can and cannot do. But they can in fact ban gun possession and expel you for possessing, it's freedom of contract, you're free not to accept their service if you don't want to abide by their terms. Do their terms include no guns in university owned apartments? Maybe.... But I would need a copy of the student handbook to know that.


Handbook: http://www.gonzaga.edu/Student+Life...udent-Handbook-FINAL-Document-Interactive.pdf

see page 20
Possession, use, display, sale or exchange of weapons at any location on campus, including University residential
facilities and privately-owned vehicles, is prohibited. The term “weapon” means any object designed to propel an object,
inflict a wound, cause injury, incapacitate, damage property or cause a reasonable fear of such, and includes, but is not
limited to, all firearms, pellet/BB/air guns, paintball guns, home-manufactured cannons or explosive devices, bows and
arrows, slingshots, clubs, martial arts devices, switchblades or otherwise-illegal knives or knives with a blade longer than
three inches (with the exception of kitchen knives in our University homes and apartments). Replica guns and other
simulated weapons are included within this policy. Objects otherwise not considered weapons, and knives with blades
less than three inches, may be included within this policy if used as a weapon. Fireworks, flammables, explosives and
chemicals of an explosive and/or flammable nature are also prohibited.
Exceptions to this policy may be authorized by the Director of Campus Public Safety and Security. The University
retains the right to search persons, possessions and bags and privately-owned vehicles on University property, and to
confiscate, retain and dispose of/destroy all items covered by this policy regardless of value or ownership. Law
enforcement may be contacted for some violations of this policy.
 

Difdi

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The University
retains the right to search persons, possessions and bags and privately-owned vehicles on University property, and to
confiscate, retain and dispose of/destroy all items covered by this policy regardless of value or ownership. Law
enforcement may be contacted for some violations of this policy.

That's a hell of a clause. But just because they say they can do it doesn't make it true. I could wear a t-shirt that says something similar, but it wouldn't save me from robbery charges if I actually did such a thing, even to someone who did read my shirt.
 

Grim_Night

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Pierce County, Washington
Handbook: http://www.gonzaga.edu/Student+Life...udent-Handbook-FINAL-Document-Interactive.pdf

see page 20
Possession, use, display, sale or exchange of weapons at any location on campus, including University residential
facilities and privately-owned vehicles, is prohibited. The term “weapon” means any object designed to propel an object,
inflict a wound, cause injury, incapacitate, damage property or cause a reasonable fear of such, and includes, but is not
limited to, all firearms, pellet/BB/air guns, paintball guns, home-manufactured cannons or explosive devices, bows and
arrows, slingshots, clubs, martial arts devices, switchblades or otherwise-illegal knives or knives with a blade longer than
three inches (with the exception of kitchen knives in our University homes and apartments). Replica guns and other
simulated weapons are included within this policy. Objects otherwise not considered weapons, and knives with blades
less than three inches, may be included within this policy if used as a weapon. Fireworks, flammables, explosives and
chemicals of an explosive and/or flammable nature are also prohibited.
Exceptions to this policy may be authorized by the Director of Campus Public Safety and Security. The University
retains the right to search persons, possessions and bags and privately-owned vehicles on University property, and to
confiscate, retain and dispose of/destroy all items covered by this policy regardless of value or ownership. Law
enforcement may be contacted for some violations of this policy.

Anything in these "policies" found to be illegal would be null and void. Any person acting on such illegal provisions would be committing a crime I'm fairly certain.
 

MattinWA

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Jul 29, 2013
Messages
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Location
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That's a hell of a clause. But just because they say they can do it doesn't make it true. I could wear a t-shirt that says something similar, but it wouldn't save me from robbery charges if I actually did such a thing, even to someone who did read my shirt.

Bingo
 
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