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Thread: Why can't I OC on Michigan Tech campus?

  1. #1
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    Why can't I OC on Michigan Tech campus?

    A few points/questions of concern:

    1. Can the University really ban OC for students (not in buildings), do they have the power to do this? (Law or MCL stating this?)

    2. As applied in CADL vs. MOC could Michigan Tech be considered a quasi municipal institution, if so would this prevent them from stopping me ( a student) from OC?

    3. There are many cases revolving around the 4th amendment with colleges, essentially public colleges and university can't force you to waive your 4A rights as a condition of admittance to that institution. So no searches of dorms without a warrant. The question is could this same principle apply to the 2nd amendment "You can't make students wave 2nd amendment rights as a condition of admittance to the institution?"

    4. Could I have a change at winning a lawsuit if all the above are true?

    Here is Michigan Tech's policy on firearms: http://goo.gl/vZJCLv

  2. #2
    Campaign Veteran skidmark's Avatar
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    Welcome to OCDO.

    As always we are curious how you found us.

    But you will probably get a better response if you PM the moderator (grapeshot) to request he move your post to the Michigan-specific section.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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    Legally, of course we all think have the unquestionable legal right to carry. However, the courts are political animals so no, not at this time, would you prevail in such a case in my humble opinion. Someday...but not just yet.
    Last edited by OC4me; 05-10-2015 at 07:20 PM.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by OC4me View Post
    Legally, of course we all think have the unquestionable legal right to carry. However, the courts are political animals so no, not at this time, would you prevail in such a case in my humble opinion. Someday...but not just yet.
    Is it just that the school "is just not ready" for carrying on campus, or do they, like in Virginia, have some legal authority to set rules for students, faculty and staff that would not apply to anybody not in those categories? (We also got screwed by a poorly framed and poorly campaigned lawsuit such that we can carry on campus (with some restrictions) we generally cannot carry inside buildings.)

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Quote Originally Posted by skidmark View Post
    Is it just that the school "is just not ready" for carrying on campus, or do they, like in Virginia, have some legal authority to set rules for students, faculty and staff that would not apply to anybody not in those categories? (We also got screwed by a poorly framed and poorly campaigned lawsuit such that we can carry on campus (with some restrictions) we generally cannot carry inside buildings.)

    stay safe.
    This is the million dollar question, from what I understood in my research the last few days it is not illegal to open carry on campus in Michigan, but if you are a student you can face academic sanctions up to expulsion from the institution (found from poorly cited source). The question I don't know is do they have the legal right to do this?

    Also as I student I do have my CPL.

  6. #6
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by camalloy View Post
    This is the million dollar question, from what I understood in my research the last few days it is not illegal to open carry on campus in Michigan, but if you are a student you can face academic sanctions up to expulsion from the institution (found from poorly cited source). The question I don't know is do they have the legal right to do this?

    Also as I student I do have my CPL.
    I think WSU, UoM and MSU can enact ordinances that have legal ramifications. Other universities and colleges can have policies that affect staff and students.

    If you are a student of a particular University or college you agree to the rules when you enroll.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Because They Can?

    The only bright point is if the rules conflict with a state law. With the Big Three (UM, MSU, WSU), that might not work as they are constitutional corporations and have powers far beyond those of mortal colleges.

    MICHIGAN TECHNOLOGICAL UNIVERSITY (EXCERPT)
    Act 70 of 1885


    390.363 Board of control; rules and regulations adopted, posted, and published as ordinances; violation as misdemeanor; penalty; establishment of police force not permitted.


    Sec. 13.

    The board of control may adopt reasonable rules and regulations for the safety, health, welfare, and protection of the people and for the protection and preservation of its property and property in or under the custody, control, and management of the board. When the rules and regulations are adopted, posted on the premises to which they pertain, and also published in newspapers circulated in Baraga and Houghton counties, they shall constitute ordinances. Any violation of such ordinances is a misdemeanor, punishable by a fine of not more than $100.00 or imprisonment for not more than 60 days, or both. Nothing in this act permits the board to establish a police force.


    History: Add. 1962, Act 105, Eff. Mar. 28, 1963 ;-- Am. 1982, Act 384, Imd. Eff. Dec. 28, 1982

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    Transfer to Utah, It's Warmer Too!

    Quote Originally Posted by camalloy View Post
    A few points/questions of concern:

    1. Can the University really ban OC for students (not in buildings), do they have the power to do this? (Law or MCL stating this?)]
    They apparently have already done this. Probably, see previous post.

    2. As applied in CADL vs. MOC could Michigan Tech be considered a quasi municipal institution, if so would this prevent them from stopping me ( a student) from OC?

    It is Michigan Tech, not Escanaba Tech. Pretty sure it's a state institution.

    3. There are many cases revolving around the 4th amendment with colleges, essentially public colleges and university can't force you to waive your 4A rights as a condition of admittance to that institution. So no searches of dorms without a warrant. The question is could this same principle apply to the 2nd amendment "You can't make students wave 2nd amendment rights as a condition of admittance to the institution?"

    Don't think the 2A requires you to be permitted to publicly carry any time/place you would like.


    4. Could I have a change at winning a lawsuit if all the above are true?
    Since all do not equal true, no answer needed but you would probably lose under your condition. Sorry.

    Here is Michigan Tech's policy on firearms:[URL="http://goo.gl/vZJCLv"] http://goo.gl/vZJCLv[/URL

    ]

  9. #9
    Regular Member MikeTheGreek's Avatar
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    I Open Carried on Schoolcraft's campus about a year ago. It's totally legal and okay if you're NOT a student. The crap you sign when you become a student says you can be expelled for carrying a gun. They had two campus officers meet me inside, and the only thing he asked me was "Student? Or visiting", I told him visiting, we talked for a few minutes and he told me to enjoy the campus but not to enter any classrooms.

    It has almost nothing to do with actual law, and everything to do with the Schools rules themselves. I can't think of any Schools in Michigan that let students carry firearms at all, and since not many people try to fight it these days, I'm not seeing you having the right to OC at school coming anywhere in the near future.
    Molon Labe

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