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Thread: Portland State University

  1. #1
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    I was reading the "Campus Safety Guide" and in it there is a section banning firearms for everyone except LEO's.


    Firearms, Munitions, and Explosives on Campus

    Possession, use, or threatened use of firearms, fireworks, ammunition, explosives, chemicals, or any other objects as weapons on University property or at University-sponsored or supervised activities, except as expressly authorized by law or University regulation, are prohibited. Sworn law enforcement officers are the only persons permitted to possess firearms while on campus. Concealed weapons are prohibited!
    I believe this condradicts the states preemption that states:

    166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:

    (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.
    Would I be legal to carry a firearm with my CHL? I believe it would be from what I've seen here, but could I get any disciplinary action against me if I were a student there?


  2. #2
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    The section you provided is simply a list of definitions for the following subsections regarding the posession of weapons in certain places.

    You need to continue reading into the next section to get the answer you seek.

    166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school.

    (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony. (2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:
    (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.
    (B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.
    (b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.
    (3) Subsection (1) of this section does not apply to:
    (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.
    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
    (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.
    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.
    (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.
    (f) Possession of a firearm on school property if the firearm:
    (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and
    (B) Is unloaded and locked in a motor vehicle.
    (4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.
    (5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.
    (b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:
    (A) As part of a program approved by a school in the school by an individual who is participating in the program; or
    (B) By a law enforcement officer acting in the officer’s official capacity.
    (6) Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.279.
    (7) Notwithstanding the fact that a person’s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.
    (8) As used in this section, “dangerous weapon” means a dangerous weapon as that term is defined in ORS 161.015. [1969 c.705 §§2,4; 1977 c.207 §2; 1979 c.398 §2; 1989 c.839 §22; 1989 c.982 §5; 1991 c.67 §39; 1993 c.625 §1; 1999 c.782 §7; 1999 c.1040 §4; 2001 c.666 §§24,36; 2003 c.614 §6]

    There is a bit of a conflict here created by the wording of subsection 3(f):

    (3) Subsection (1) of this section does not apply to:
    (f) Possession of a firearm on school property if the firearm:
    (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and
    (B) Is unloaded and locked in a motor vehicle.
    the main problem I see is subsection 3(f)(A). Do they mean otherwise prohibited by law (felon, mentally adjucated, etc.), or by a private entity in controll of private property?

    It would SEEM that subsection 3(d) would preempt subsection 3(f)(A) untill the 'AND' at the end rears it's ugly head and bring into concideration subsection 3(f)(B) which would absolve you from violating the law IF it "Is unloaded and locked in a motor vehicle."

    Since 3(f) specificaly addresses schools it could be interpreted as pre-empting 3(d), but on the otherhand, 3(f) could be intended as a 'loophole' to allow for those who are lawfully transporting a firearm WITHOUT a CCW to remain in compliance with law by providing 'conditions' for the presence of the firearem, namely that it be locked in a car.

    Vagueries in law such as these are what lead to judical statements like the following:

    "When dealing with guns, the citizen acts at his peril." - New Jersey v. Pelleteri, 1996

  3. #3
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    166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:

    (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.
    From ORS 339.315 a public or private school means:


    339.315 Report required if person has possession of unlawful firearm or destructive device; immunity; law enforcement investigation required.

    (3) As used in this section, “school” means:
    (a) A public or private institution of learning providing instruction at levels kindergarten through grade 12, or their equivalents, or any part thereof;
    (b) The grounds adjacent to the institution; and
    (c) Any site or premises that at the time is being used exclusively for a student program or activity that is sponsored or sanctioned by the institution, a public school district, an education service district or a voluntary organization approved by the State Board of Education under ORS 339.430 and that is posted as such.

    (4) For purposes of subsection (3)(c) of this section, a site or premises is posted as such when the sponsoring or sanctioning entity has posted a notice identifying the sponsoring or sanctioning entity and stating, in substance, that the program or activity is a school function and that the possession of firearms or dangerous weapons in or on the site or premises is prohibited under ORS 166.370. [1999 c.577 §1]
    From this I believe that a college or university does not fall under 166.370.

  4. #4
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    Good point. Seems pretty cut-n- dried.

    If you have a CCW then 166.370(1) is pretty much nullified which would allow you to CC in/on a PSU building/campus without legal penalty.

    Whether or not the administration of the facility could deal out an administrative punishment, up to and including expulsion, may be a different matter, but if the school is government run, then it stands to reason that those who work there are agents/representatives of said government, and are therefore limited in their authority to restrict legal carry.

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    sedjester wrote:
    Firearms, Munitions, and Explosives on Campus

    Possession, use, or threatened use of firearms, fireworks, ammunition, explosives, chemicals, or any other objects as weapons on University property or at University-sponsored or supervised activities, except as expressly authorized by law or University regulation, are prohibited. Sworn law enforcement officers are the only persons permitted to possess firearms while on campus. Concealed weapons are prohibited!

  6. #6
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    Firearms, Munitions, and Explosives on Campus

    Possession, use, or threatened use of firearms, fireworks, ammunition, explosives, chemicals, or any other objects as weapons on University property or at University-sponsored or supervised activities, except as expressly authorized by law or University regulation, are prohibited. Sworn law enforcement officers are the only persons permitted to possess firearms while on campus. Concealed weapons are prohibited!

    On the next line it says only LEO's are allowed to have firearms on campus. To me that seems to contradict the previous sentence. Can both be accurate?

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    It is legal to carry concealed with a permit on Dept of Higher Ed property (such as PSU)

    There is a legal opinion letter supporting this which I believe you can download from the Oregon Firearms Federations site.



    Yes, PSU (and other schools) continue to hold their illegal policies.

    (I graduated from PSU in 2006 BTW)

  8. #8
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    As an instructor at PSU I can be prohibited from carry because it is part of the contract I signed when accepting employment. I am not sure but I would bet that students would fall under the same situation. If I was not an employee I would not be hindered by my contract. The only penalty I will face is termination.

  9. #9
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    See the legislative opinion here:

    www.cpushack.com/LCOpinion.pdf

    The courts have dodged this so far

  10. #10
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    I don't think you could be held LEGALLY liable, but you might want to check PSU's student handbook or where ever they have the rules and regulations for attending PSU as they may be able to take disciplinary action against. So I would say if you are not enrolled, your good to go, but if you are enrolled, make sure you read the fine print

    UPDATE: I found this site after which may be very helpful to your specific inquiry: http://arcweb.sos.state.or.us/rules/...7/577_031.html

    577-031-0135

    Proscribed Conduct by the State Board of Higher Education

    (3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on University-owned or -controlled property, unless expressly authorized by law, Board or PSU rules (for purposes of this section, absence of criminal penalties shall not be considered express authorization).

    Hopefully this is a little better. I will also post the primary page for where to start looking for the different OARs (Oregon Administrative Rules) on a seperate thread

  11. #11
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    There are no legal penalties from carrying on a campus in Oregon. However, if you refuse to leave or otherwise create a difficult situation, you will be facing arrest from criminal trespass.

    As a student, you may also face a review by a board, or immediate suspension or expulsion based on your individual campus policies.

  12. #12
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    BrianEMT wrote:
    There are no legal penalties from carrying on a campus in Oregon. However, if you refuse to leave or otherwise create a difficult situation, you will be facing arrest from criminal trespass.

    As a student, you may also face a review by a board, or immediate suspension or expulsion based on your individual campus policies.
    If its public property they don't have the authority to eject you from the premise for any reason or no reason like a private property owner can.

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