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Thread: State Universities and carry laws/rules

  1. #1
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    What are the rules on OC/CC on state universities?

    The state school I attend has rules stating that students may not possess firearms. I don't think this falls under the premption law.

    Is the school allowed to disallow students from carrying? Could a non student carry on the grounds?

    I would think that as a state entity they could not prohibit firearms.

    Also, where would be the best place to get an "official" answer?

  2. #2
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    IANAL.

    Technically, schools, state or not, can implement whatever policies they wish. If you're a student and carry handgun onto campus, you can get expelled. If you're staff/faculty, you can get fired.

    Unless there's specific state statute that disallows the carrying of a firearm, a visitor to the college would be lawfully carrying if he entered a college armed. However, there's nothing stopping public safety from asking that person to leave the premises or face a trespassing charge.

    As for the best place to get an 'official' answer, check your student handbook. As for getting those rules changed, may want to check with public safety (probably a bad idea) or your Campus Director/Dean of Student Services. I'm thinking it'd be a hard, uphill battle, much like GMU.

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    Wynder pretty much nailed it, though you might also want to take a look at http://opencarry.mywowbb.com/forum46/3833.html

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    http://opencarry.mywowbb.com/forum46/3833.html talks about state-affiliated schools though, not state schools. If it's a state school, totally owned by the state gov, then why would they have a no firearms policy for students & staff but not everyone else? Is a state school public property if it's owned by the state? If it's public property how is it different than a local park?

    State universities: http://www.passhe.edu/content/?/universities

    IANAL

  5. #5
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    Most state schools are subsidized by the state government but still use their own sources of income (tuition, etc) for revenue. So it's a public/private mixture -- at least, I think that's what's going on there.

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    Every state is different. Even within the same state, the law may distinguish between two universities. Why don't you tell us where you are going to school? I am really suspicious about questions from people who are ostensibly first time postersbut don't provide the basic information to answer the question even though they have the "lingo" down (e.g. "preemption"). It happens too often to be coincidence.

    Xdalfalkif wrote:
    What are the rules on OC/CC on state universities?

    The state school I attend has rules stating that students may not possess firearms. I don't think this falls under the premption law.

    Is the school allowed to disallow students from carrying? Could a non student carry on the grounds?

    I would think that as a state entity they could not prohibit firearms.

    Also, where would be the best place to get an "official" answer?

  7. #7
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    I'm trying to figure out what you're suspicious of, apjonas. I have my ideas, but...

  8. #8
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    apjonas wrote:
    Every state is different. Even within the same state, the law may distinguish between two universities. Why don't you tell us where you are going to school? I am really suspicious about questions from people who are ostensibly first time postersbut don't provide the basic information to answer the question even though they have the "lingo" down (e.g. "preemption"). It happens too often to be coincidence.

    Xdalfalkif wrote:
    What are the rules on OC/CC on state universities?

    The state school I attend has rules stating that students may not possess firearms. I don't think this falls under the premption law.

    Is the school allowed to disallow students from carrying? Could a non student carry on the grounds?

    I would think that as a state entity they could not prohibit firearms.

    Also, where would be the best place to get an "official" answer?
    Millersville

    I surf ARFCOM and am trying to understand PA's laws. That is how I know some of the lingo.

    I strongly doubt the school would change their policy without being forced. Might there be a way to legally force them to allow cc/oc under the preemption law or the State Constitution?




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    §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.
    Colleges and universities, specifically State-run schools, do not fall under the preemption prohibition listed above. The statute only addresses political subdivisions of the state, of which State-run colleges and universities are not. So, just as State agencies (State Parks) can prohibit or limit firearms, so can State-run colleges and universities do likewise as terms of employment or terms of school attendance.

    But, as was previously stated, they can't stop an outsider (i.e., nonstudent) from carrying, openly or concealed. But they can ask that person to leave the campus.


  10. #10
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    Ok. Maybe I can stir up some discussion and get them to change policy. That wont happen.

  11. #11
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    Write up a good OpEd piece for the school newspaper. Stick to the facts. Of course you could also point out the liability the school might face if stopped an otherwise lawful carrying of a concealed firearm and someone got hurt because of the school's prohibition.

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  13. #13
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    Statkowski wrote:
    §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.
    Colleges and universities, specifically State-run schools, do not fall under the preemption prohibition listed above. The statute only addresses political subdivisions of the state, of which State-run colleges and universities are not. So, just as State agencies (State Parks) can prohibit or limit firearms, so can State-run colleges and universities do likewise as terms of employment or terms of school attendance.

    But, as was previously stated, they can't stop an outsider (i.e., nonstudent) from carrying, openly or concealed. But they can ask that person to leave the campus.
    Well, isn't requiring the person to leave the equivalent to stopping him from carrying?


  14. #14
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    Well, isn't requiring the person to leave the equivalent to stopping him from carrying?
    No, not really. Requiring a person to leave is done on a case-by-case basis. Stoppinga personfrom carrying is a blanket policy.

    I say that if you have an LTCF and a firearm and are prohibited from exercising your rights, and then you suffer an injury due to that prohibition, then sue the bastards that brought about the prohibition.


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