Mike
Site Co-Founder
imported post
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 [url]http://muweb.millersville.edu/~handbook/codeofconduct.php[/url], ". . . 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")
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 [url]http://muweb.millersville.edu/~handbook/codeofconduct.php[/url], ". . . 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")
i know every inch of it, and climbed most of the buildings, water towers,and trees on it.