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Thread: Need PA college student for news story on PA state college infringement of carry rights

  1. #1
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    Look at PA's Millersville University - they even purport to ban lawful carry by students off campus!

    Millersville University regulations appear to conflict with state law, even to the point of threatening to discipline students for lawful student gun carry OFF CAMPUS! It is arguable that Millersville's gun ban regulations are unenforceable against students even on campus because the ban conflicts with both the Uniform Firearms Act, see Pa.C.S. § 6109(a), discussed supra,and the PA Constitution. See Ortiz v. Commonwealth, 681 A.2d 152, 156, (Pa.,1996) (holding that the regulation of firearms in PA by state created governmental organs "are substantive matters of statewide concern. Article 1, Section 21 of the Constitution of Pennsylvania provides: 'The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.'Because the ownership of firearms is constitutionally protected, its regulation is a matter of statewide concern. The constitution does not provide that the right to bear arms shall not be questioned in any part of the commonwealth except Philadelphia and Pittsburgh, where it may be abridged at will, but that it shall not be questioned in any part of the commonwealth. Thus, regulation of firearms is a matter of concern in all of Pennsylvania, not merely in Philadelphia and Pittsburgh, and the General Assembly, not city councils, is the proper forum for the imposition of such regulation").



    See http://muweb.millersville.edu/~handb...eofconduct.php, ". . . REGULATIONS: Any student or student organization that is found to have committed the following violations on or off campus; that is knowingly and willingly in the presence of a violation; or that aids or abets others in committing a violation is subject to disciplinary sanction: . . . 6. Conduct threatening the welfare of others including but not limited to the possession or use of fireworks and other explosive materials, firearms and other weapons, setting unauthorized fires, misusing or damaging fire fighting and fire safety equipment."

    Kind of weird for Millersville U. to presume that lawful & peaceful gun carry on or off campus by adult students is "threatening" or "violation" of anything.

    But if a government run college in PA is chartered by a locality (not sure if any exist), then state preemption would explicitly apply, and their student guns bans would be unenforceable. Ortiz v. Commonwealth, 681 A.2d 152, 156, (Pa.,1996) (striking down locality enacted gun control as violative of Pa.C.S, § 6120(a) which provides that"[n]o county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth")

  2. #2
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    It's rather disappointing that you haven't received any replies to this thread yet.

    I wish you luck with this project.

  3. #3
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    i know some people who go to that school. what are you looking for from them??

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    Bolt06 wrote:
    i know some people who go to that school. what are you looking for from them??
    I grew up literally on that campus i know every inch of it, and climbed most of the buildings, water towers,and trees on it.

    Anyway, I would like some gun carrying students to be part of an article on college student gun carry in PA.

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    Following is a letter sent to Bloomsburg University alumni, parents, etc.:
    April 17, 2007

    To: University Community, Parents and Alumni
    The horrible news about the unspeakable violence at Virginia Tech has affected the entire nation and brings a searing sense of loss and sadness to this campus. I've sent a condolence letter to the president of Virginia Tech, on behalf of all our faculty, students and staff. Our university community observed a moment of silence today at 2 p.m. to coincide with the convocation being held at Virginia Tech.

    I've received e-mails from a number of you asking very appropriate questions about the security on the BU campus. Before I answer those specific questions, let me assure you that Bloomsburg University has an extensive emergency response plan that is reviewed annually, along with the communications office's plan that is reviewed every six months. Indeed, the crisis communications plan currently is being expanded to meet national guidelines, based on information from a recent crisis communications seminar.

    We've relied on Bloomsburg's emergency response plan several times in the past decade to communicate with the campus community, families of students and local residents. We've used it during bomb threats to the campus, when flooding has caused evacuation of the campus, and to notify students of a single gunshot fired into the air after an on-campus dance just this past semester. Following each incident, we meet to analyze our response to the emergency, to learn from our experience and improve our processes. Although no one can be fully prepared for every tragedy, we believe that planning is important and our staff regularly participates in tabletop exercises, mock disaster drills and meetings dealing with not only the university's response to an emergency of this type but also to natural disasters and the possibility of a flu pandemic.
    Now, to the specific questions that have come to my attention:

    1. What are the processes, procedures and tools we use immediately to notify BU students of a crisis on-campus, including an assailant at large?When an emergency strikes, we use every communications tool at our disposal to share the news as quickly as possible. Our Web site, http://www.bloomu.edu, is by far our most efficient means of communications, and we recently introduced a new site devoted to emergencies, http://www.bloomu.edu/emergency. We have the capability of sending an e-mail message to all faculty, staff and students; we record and regularly update a message for our BeSAFe hotline, (570) 389-2723; and we inform the staff of the Kehr Union Information Desk, a recognized source of campus information. We provide the emergency message to the Residence Life Office to be distributed through the University News Network, a simple system of posting a flyer on the doors of every residence hall. To reach our commuter students, we place messages on several radio and television stations: WNEP-TV (16), WBRE-TV (28), WYOU-TV (22), WFYY-FM (106.5), WHLM-AM (930) and WKOK-AM (1070). We are investigating the possibilities of using new technologies, like text messaging or instant messaging but, if needed, we can call upon University Police to drive around the campus delivering the message via a bullhorn. Depending on the type of emergency facing the campus, every one of these devices could be put into motion within an hour.

    2. Do we have Instant Messaging (IM) or text messaging or a central public address system? Our communications system is described above. We do not have instant text messaging capability at this time. This technology is very new to most university campuses, but it is certainly something that we will look at very seriously. The campus is too large for a central public address system.

    3. What protocols would be followed to determine when/if/how to lock down the campus? Our emergency management team would meet almost instantaneously to determine what action to take. As an example, shortly after 9/11, we received what was considered to be a serious bomb threat. Our emergency management team, working with state police, made the decision to close and had the campus completely evacuated within a few hours. We also made plans for students who couldn't be sent home. Just last summer, we made the same kind of decisions when flooding shut down the water supply to our campus.

    4. What happened after the BU shooting last February? Thankfully, no one was injured during the incident.The shooter was never apprehended.However, our Vice President for University and Student Affairs worked with a number of administrators, staff and student governing bodies in reviewing and revamping our security measures for campus events. As a result, new security enhancements for student activities have been implemented, including the purchase and use of metal detectors, enhanced security presence, registration of off-campus guests, and requirements for pre-event meetings with staff.

    5. Does BU have a security force? BU has 17 fully commissioned police officers who carry firearms. They undergo training in collaboration with our local police and state police so that they are prepared to be first responders in any emergency. They also undergo regular training in disaster response, firearms, terrorist activities and changes in the law.

    6. Does BU have a weapons policy? Yes, no one is permitted to possess or control weapons, firearms or dangerous devices. This policy includes but is not limited to the following: firearms, ammunition, explosives, billy clubs, martial arts weapons, bows and arrows, sabers, swords, daggers, switchblades, knives used primarily for hunting purposes, fireworks, pellet guns, air guns, BB guns, stun guns, paint ball guns and/or any other devices whose primary purpose is to inflict serious bodily injury. Exceptions may be granted in appropriate circumstances only by the Director of University Safety and Police. Faculty, staff and students who bring hunting equipment or prohibited weapons to campus must register these items which must then be stored in the University Police Department.

    7. What is the security at the residence halls? Students who live on campus have card-secure access into the residence halls. Those doors are locked throughout the day. We are beginning to install a system where a second swipe of a card will be needed to get on each floor. Residence halls cannot be entered via the side doors because there are no outside handles on those doors. Every residence hall has cameras in the lobby. The door of each residence hall room has a peephole.

    Much has been written and discussed in the wake of this tragedy, especially about the complex world we now live in, where absolute security is not possible. Universities are no longer ivory towers on the hill, immune from the violence around us. Nevertheless, I want you to know that we completely understand the awesome responsibility to do everything in our power to prevent harm to our students, faculty and staff. We will continue to monitor our policies and procedures, and to be prepared to respond to any events that threaten the well being of those who live, work and study on our campus.

    Please feel free to contact me with any concerns or suggestions.

    Jessica S. Kozloff

    President, Bloomsburg University

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    ne1 wrote:
    Following is a letter sent to Bloomsburg University alumni, parents, etc.:
    Funny - the prohibition is purely administrative - nobody commits a crime by carrying on Bloomsburg campus.



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    Mike wrote:
    ne1 wrote:
    Following is a letter sent to Bloomsburg University alumni, parents, etc.:
    Funny - the prohibition is purely administrative - nobody commits a crime by carrying on Bloomsburg campus.

    I agree.

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    Mike wrote:
    ne1 wrote:
    Following is a letter sent to Bloomsburg University alumni, parents, etc.:
    Funny - the prohibition is purely administrative - nobody commits a crime by carrying on Bloomsburg campus.


    Still, imagine trying to get into another school, when your transcript shows you were expelled for carrying a gun on campus.


    Once again, the rules only restrict those willing to abide by them!!

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    Unfortunately, while a proud resident of PA, I go to a school in New York State. Most of our "security" guards cannot (or choose not to) carry firearms; it's wonderful that my personal safety options consist of either A) illegally CCing but guarenteeing my personal safety or B) praying that not one of the 20,000 students goes off the deep end and starts shooting.

  10. #10
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    dont know how much ability to fight back even if there is a violation of the law.

    They should do what is practiced at most institutions that prohibit on campus. Put in backpack and shut up about it.

  11. #11
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    Luzerne County Community College (from page 24 of the current catalog):

    Item 12: Firearms:The possession or use of firearms, explosives, chemicals and other lethal weapons on college property by unauthorized persons is strictly forbidden. Also prohibited are any CO2 and spring propelled guns.Individuals who have a permit to carry a concealed firearm may not bring the firearm on campus or to College sponsored events on or off campus. Only authorized on-duty law enforcement personnel may possess a firearm on College-owned property.






























  12. #12
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    Unfortunately, state law does not prohibit any institution of higher learning from creating and enforcing standards of conduct for students on campus. A state college is neither a county, municipality nor township and can therefore insert limiting conditions in its enrollment or employment contracts.



    Where it gets dicey is where they prohibit lawful carrying of firearms off-campus. This, however, might require a ruling from the Court of Common Pleas.



    §6120. Limitation on the Regulation of Firearms and Ammunition.

    (a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammuni­tion components when carried or transported for purposes not prohibited by the laws of this commonwealth.



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    Penn State's:

    4. WEAPONS, FIREARMS, AND PAINTBALL DEVICES:
    The possession, storing,

    carrying, or use of any weapon, ammunition, or explosive by any person is prohibited on

    all University property except by authorized law enforcement officers and other persons

    specifically authorized by the University. No person shall possess, carry, or use any

    fireworks on University property, except for those persons authorized by University and

    local governments to discharge such fireworks as part of a public display. Paintball guns

    and paintball markers may only be used on the property of the University in connection

    with authorized University activities and only at approved locations.


    Nothing crazy like Millersville. Just the usual.

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