unknownsailor
Regular Member
Yes, that is particularly heinous, but my point was that, if the apartment is off campus, regardless as to whether the school owns it, should not all the regular protections tenants have apply?
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Gonzaga University students could face expulsion for gun
- Thread starter MattinWA
- Start date
Yes, that is particularly heinous, but my point was that, if the apartment is off campus, regardless as to whether the school owns it, should not all the regular protections tenants have apply?
MattinWA
Regular Member
I would imagine it would fall under landlord tenet act legislation, but I am not positive. Washington state has very specific landlord tenet laws, to protect tenet rights vs property owners rights (mainly)
MattinWA
Regular Member
unknownsailor
Regular Member
Eugene Volokh raises many of the question that I had in mind.
IANAL, but it looks to me like the school, and especially those two security guards, have committed several serious felonies, at a minimum, and need to be prosecuted. Whether that will happen, however, remains to be seen.
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Dave Workman
Regular Member
Sailor.. we'll see about charges/
meanwhile....I did a few minutes with Carlson on KVI this morning about this situation
Gonzaga students placed on probation, will appeal
Gonzaga University yesterday advised two senior roommates who fended off a wanted felon with a handgun that they are now on probation, but this morning’s Spokane Spokesman-Review reports that Erik Fagan and Daniel McIntosh will appeal the ruling.
http://www.examiner.com/article/gonzaga-students-placed-on-probation-will-appeal
meanwhile....I did a few minutes with Carlson on KVI this morning about this situation
Gonzaga students placed on probation, will appeal
Gonzaga University yesterday advised two senior roommates who fended off a wanted felon with a handgun that they are now on probation, but this morning’s Spokane Spokesman-Review reports that Erik Fagan and Daniel McIntosh will appeal the ruling.
http://www.examiner.com/article/gonzaga-students-placed-on-probation-will-appeal
Difdi
Regular Member
The reporter may not be aware of the difference between a private school security guard and campus police at a public university. But if actual police did confiscate guns over a purely civil matter of contract violation, it's still illegal -- just breaks different laws. Of course, if it was something of a mix, say the private security stole the guns then gave them to police, that would be the perfect storm of illegal screwups, especially if the police refuse to return the stolen weapons to their owners.
MattinWA
Regular Member
Interesting that the students also reported the guns stolen to the spokane police dept.
my understanding, difdi, is that the police cleared them % 100 of wrong doing, said that they did everything they should have in the situation.
my understanding, difdi, is that the police cleared them % 100 of wrong doing, said that they did everything they should have in the situation.
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Dave Workman
Regular Member
UPDATE UPDATE UPDATE !!!!!
UPDATE: KREM 2 News in Spokane is reporting thatGonzaga security officers on Tuesday returned two firearms to students Daniel McIntosh and Erik Fagan that had been seized two weeks ago following a confrontation with a would-be burglar who was scared off when McIntosh drew his pistol.
The firearms will be kept by their attorney, the report said.
Support for Gonzaga students nearly 3-to-1 over college, according to poll
The Seattle Times is running an unscientific poll in its on-line edition that shows supporters of two Gonzaga University students who were put on probation after using a gun to defend their off-campus residence from a convicted felon last month outnumber their critics nearly 3-to-1.
http://www.examiner.com/article/sup...-nearly-3-to-1-over-college-according-to-poll
UPDATE: KREM 2 News in Spokane is reporting thatGonzaga security officers on Tuesday returned two firearms to students Daniel McIntosh and Erik Fagan that had been seized two weeks ago following a confrontation with a would-be burglar who was scared off when McIntosh drew his pistol.
The firearms will be kept by their attorney, the report said.
Support for Gonzaga students nearly 3-to-1 over college, according to poll
The Seattle Times is running an unscientific poll in its on-line edition that shows supporters of two Gonzaga University students who were put on probation after using a gun to defend their off-campus residence from a convicted felon last month outnumber their critics nearly 3-to-1.
http://www.examiner.com/article/sup...-nearly-3-to-1-over-college-according-to-poll
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MattinWA
Regular Member
Why dont we ask the tougher questions and look at the real issue. When will an arrest be made in the theft of these two firearms. People are missing the point entirely... a magician calls this misdirection, keeps your focus away from whats really going on
Difdi
Regular Member
Since when are the police judges? Last I checked, there was a legal term for police refusing to investigate a crime, something along the lines of official misconduct?
golddigger14s
Activist Member
Watching Kiro 7 right now, Gonzaga said they are returning the weapons.
That school is run by the Jesuits, right? The Bible says they have to return seven-fold...
So the weapons are returned? So what?
They were still stolen. Just because thieves return the items later doesn't change the crime.
http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.300
See any provisions in there that let the college off the hook if they later return said stolen guns?
They were still stolen. Just because thieves return the items later doesn't change the crime.
http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.56.300
See any provisions in there that let the college off the hook if they later return said stolen guns?
MattinWA
Regular Member
I agree 100%. I emailed the PD yesterday, to ask when we could see arrests in this case, and if they did not plan any arrests, to point me to RCW that would explain why.
here it is
Hello, I was concerned about recent local events, namely the incident which Gonzaga campus security stole two firearms from two spokane residents. Since this is private property, these private security CANNOT be sworn LEO, and have no authority to take weapons from individuals. To follow washington state law, gonzaga should have used spokane police to trespass the individuals from their property. My questions are as follows: 1. When can we expect to see an arrest made for the theft of two firearms from spokane residents at gonzaga? 2. If no arrests are planned, can you identify an RCW that would exempt a private company from RCW 9A.56.300 (Theft if a firearm) I have read it and cannot see an exception. 3. RCW 9A.56.020 Defines theft as (a) to wrongfully obtain or exert UNAUTHORIZED control over property of another. Can you please explain what case law or RCW gives private security authorization to confiscate a citizens' firearms? (Please note private property rights does not give Gonzaga standing to take firearms, that is the job of the police) 4. If no arrests are planned, what message are you trying to send to the community? 5. Stealing a firearm is a crime, and the same consequences should apply to everyone, or is it this departments policy to defend big business/money from personal rights? thank you for your time. Matt.
sry about copy paste format issues...
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Difdi
Regular Member
Yes they do...but what does that have to do with a police officer?
MattinWA
Regular Member
Interesting. Does that apply down the chain to police officers? I would argue no.
There is only one Sheriff in the county. I think there is only one Constable. Marshalls seem to be something different in different places, so I don't know for that area.
But my point is that I don't think this list applies to deputies and police officers. Even a police chief wouldn't count.
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J1MB0B
Regular Member
Where did you find this?
J1MB0B
Regular Member
Wasnt the original question about police officers, not baliffs and clerks?
EMNofSeattle
Regular Member
but a deputy sheriff has all powers of the sheriff under the law....