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Thread: Prohibiting firearms on a State Campus

  1. #1
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    State of Alabama Firearms and Weapons Laws
    CODE OF ALABAMA
    TITLE 11. COUNTIES AND MUNICIPAL CORPORATIONS.
    SUBTITLE 3. PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS.
    CHAPTER 80. GENERAL PROVISIONS.

    (c) Subject to the exceptions provided by Section
    13A-11-74, no person shall knowingly with intent
    to do bodily harm carry or possess a deadly
    weapon on the premises of a public school.

    (f) The term "public school" as used in this section
    applies only to a school composed of grades K-12
    and shall include a school bus used for grades K-12.



    The law doesn't seem to cover public or state universities. How can a state university restrict the right to carry a concealed weapon by someone who has a permit to do so from the appropriate authority (i.e. Sheriff)
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  2. #2
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    mhearn wrote:
    State of Alabama Firearms and Weapons Laws
    CODE OF ALABAMA
    TITLE 11. COUNTIES AND MUNICIPAL CORPORATIONS.
    SUBTITLE 3. PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS.
    CHAPTER 80. GENERAL PROVISIONS.

    (c) Subject to the exceptions provided by Section
    13A-11-74, no person shall knowingly with intent
    to do bodily harm carry or possess a deadly
    weapon on the premises of a public school.

    (f) The term "public school" as used in this section
    applies only to a school composed of grades K-12
    and shall include a school bus used for grades K-12.



    The law doesn't seem to cover public or state universities. How can a state university restrict the right to carry a concealed weapon by someone who has a permit to do so from the appropriate authority (i.e. Sheriff)
    There is even an exception for PL holders on K-12........doesn't make much sense to prohibit uni students IMHO.

    Section 13A-11-72 Certain persons forbidden to possess pistol........
    (c)
    Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.
    (d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.
    (e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.
    (f) The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12.....


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    O.K. Now I'm even more confused. The law exempts individuals with permits to
    carry?

    Here is the 11-75 statue that is referenced:


    ยง 13A-11-75. License to carry pistol in
    vehicle or concealed on person --
    Issuance; term; form; fee; revocation.
    The sheriff of a county may, upon the application
    of any person residing in that county, issue a
    qualified or unlimited license to such person to
    carry a pistol in a vehicle or concealed on or about
    his person within this state for not more than one
    year from date of issue, if it appears that the
    applicant has good reason to fear injury to his
    person or property or has any other proper reason
    for carrying a pistol, and that he is a suitable
    person to be so licensed.


    I suspect that every State University in Alabama has a firearms on campus prohibition policy. Do these policies have any basis in law?

  4. #4
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    To the best of my knowledge....keep in mind that I am NOT a lawyer.....there is only one place/circumstance prohibited by State law.......

    Section 13A-11-59 Possession of firearms by persons participating in, attending, etc., demonstrations at public places.
    (a) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, except in those instances where the context clearly indicates a different meaning:
    (1) DEMONSTRATION. Demonstrating, picketing, speechmaking or marching, holding of vigils and all other like forms of conduct which involve the communication or expression of views or grievances engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. Such term shall not include casual use of property by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.
    (2) FIREARM. Any pistol, rifle, shotgun or firearm of any kind, whether loaded or not.
    (3) LAW ENFORCEMENT OFFICER. Any duly appointed and acting federal, state, county or municipal law enforcement officer, peace officer or investigating officer, or any military or militia personnel called out or directed by constituted authority to keep the law and order, and any park ranger while acting as such on the grounds of a public park and who is on regular duty and present to actively police and control the demonstration, and who is assigned this duty by his department or agency. Such term does not include a peace officer on strike or a peace officer not on duty.
    (4) PUBLIC PLACE. Any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. Such term shall include the front or immediate area or parking lot of any store, shop, restaurant, tavern, shopping center or other place of business. Such term shall also include any public building, the grounds of any public building, or within the curtilage of any public building, or in any public parking lot, public street, right-of-way, sidewalk right-of-way, or within any public park or other public grounds.
    (b) It shall be unlawful for any person, other than a law enforcement officer, to have in his or her possession or on his or her person or in any vehicle any firearm while participating in or attending any demonstration being held at a public place.
    (c) It shall be unlawful for any person, other than a law enforcement officer as defined in subsection (a) of this section, to have in his or her possession or about his or her person or in any vehicle at a point within 1,000 feet of a demonstration at a public place, any firearm after having first been advised by a law enforcement officer that a demonstration was taking place at a public place and after having been ordered by such officer to remove himself or herself from the prescribed area until such time as he or she no longer was in possession of any firearm. This subsection shall not apply to any person in possession of or having on his or her person any firearm within a private dwelling or other private building or structure.
    (d) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished as provided by law.





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    Thanks for the info. I guess I'm hoping that I missed something. These policies need to have some kind of legal backing

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    There is no legal backing. You will not ultimately be convicted of anything for carrying a firearm onto a state university campus. What the campus can do, is expel any students they see fit. (Well, kind of).

    Firearms restrictions in student codes for public universities haven't really been challenged ever.

    There have been successful cases against universities concerning first amendment rights. This site can be helpful: http://www.thefire.org

    The problem is, the second amendment has not been 'incorporated' as applying to the states like the first has. You would have to sue the university using the Alabama state constitution, not the usgov constitution.

    Ultimately, you could probably win a case vs the university. You would, however, have to suspend your studies for several years and spend lots of money....

  7. #7
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    mhearn wrote:
    Thanks for the info. I guess I'm hoping that I missed something. These policies need to have some kind of legal backing
    You sound as if you would like to see students deprived of THE RIGHT of self protection.....

  8. #8
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    That is not the case. I believe in the law. If your organization (I work for one of the state univeristies in Alabama) is operating under a certain policy, you should have a basis in law for that policy. If you don't, your putting your orgization at risk. I thought that we (the universities) would be smarter than this.

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    mhearn wrote:
    .... I thought that we (the universities) would be smarter than this.
    Alright. Now I have to clean my desk to water-passed-through-nose....

    Universities are full of the most retarded people I've ever seen. They are magnets for the no-common-sense types. Hell, I could be one!

    My university even violates 1st ammendment rights, and those are incorporated. I really don't believe universities care about rights or laws.

    Any university would fight tooth and nail to keep 'teh ebil gunz' off campus...



  10. #10
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    kurtmax_0 wrote:
    mhearn wrote:
    .... I thought that we (the universities) would be smarter than this.
    Alright. Now I have to clean my desk to water-passed-through-nose....

    Universities are full of the most retarded people I've ever seen. They are magnets for the no-common-sense types. Hell, I could be one!

    My university even violates 1st ammendment rights, and those are incorporated. I really don't believe universities care about rights or laws.

    Any university would fight tooth and nail to keep 'teh ebil gunz' off campus...

    Oh lawdy lawdy yes! I am not going to say whether or not I carryon campus (though if I did I can assure you it is concealed), but I would be SCREWED if the right people ever found out.

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