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Thread: College Carry

  1. #1
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    For the purposes of my point, I'm going to use the University of Arizona campus as an example. This campus has various "no weapons" signs not only on the entrances of campus buildings but on road signs located on streets that enter the campus. The campus consists of both buildings as well as large open spaces similar to what you would see at city parks. There is also no real clear distinction on what actually is owned by the campus, what is private property, or simply something else.

    If you read the relevant weapons sections in A.R.S., you will see that there is no statute prohibiting weapons on university or college campuses in Arizona. The only school prohibition refers to K-12 schools. There are three statutes that may come close. The first is that private property owners or managers reserve the right to prohbit certain activities on their property. If you don't abide by their rules they can ask you to leave and if you refuse you can be charged with trespassing. This includes stores, etc. that prohibit weapons. The second is a statute that refers to a public establishment or event refering to state property such as courthouses, libraries, city hall, etc. or events such as a state fair, parade in which admittance is required, etc. Any such building or event must provide storage lockers or some "secure and temporary" storage for firearms at the entrance of the facility or event if weapons are prohibited. That does not apply to buildings or events in which alcohol is served. The third refers to park carry. Parks can limit weapons to those who posess CCW permits if posted conspicuously.

    The U of A and other universities appear to be making up their own rules. If the open areas of the campus are considered a "park" then CCW-permit holders must be allowed to carry there regardless of signage. As to the buildings, they are either state property or private property but they can't be both. Since these are not private schools but state schools it must be state property. Where are their storage lockers? I really don't want to be a "test" case here but I don't think they are legally allowed to prohibit weapons on campus unless they provide lockers. They may be allowed to come up with policies for students and employees but for the purposes of this argument, I am referring to members of the public. Any thoughts?



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    If one of us is bold enough to test the waters, this could be a state supreme court case to overturn their policies.

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    There was a thread regarding this topic, but I can't find it at the moment.

    When it comes to the fact, they need to provide secure and immediate retrieval lockers; I see it like this. What good does it do, if let's say a school shooting happens. How will having your firearm locked up, out of your possession going to help you?

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    The Administrative Code of Arizona I believe is what prohibits firearms on college campuses.

    http://www.azsos.gov/Public_Services/Title_07/7-04.htm

    Though I suspect some liberty-minded students carry their weapons with them anyway, legal or not.

  5. #5
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    like_the_roman wrote:
    The Administrative Code of Arizona I believe is what prohibits firearms on college campuses.

    http://www.azsos.gov/Public_Services/Title_07/7-04.htm

    Though I suspect some liberty-minded students carry their weapons with them anyway, legal or not.
    Thats all fine and dandy, but it is a code of conduct, with civil reprocussions (expullsion/suspension) for students/faculty, with no actual criminal penalties, because it is not a criminal law.

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    The Giant/Bolded text is my doing. This is the statue that the Arizona Gun Owners Guide makes reference to. If we can get this statue changed with out a change to the Misconduct with Weapons statue college carry should be good to go.
    13-2911. Interference with or disruption of an educational institution; violation; classification; definitions A. A person commits interference with or disruption of an educational institution by doing any of the following: 1. Intentionally, knowingly or recklessly interfering with or disrupting the normal operations of an educational institution by either: (a) Threatening to cause physical injury to any employee or student of an educational institution or any person on the property of an educational institution. (b) Threatening to cause damage to any educational institution, the property of any educational institution or the property of any employee or student of an educational institution. 2. Intentionally or knowingly entering or remaining on the property of any educational institution for the purpose of interfering with the lawful use of the property or in any manner as to deny or interfere with the lawful use of the property by others. 3. Intentionally or knowingly refusing to obey a lawful order given pursuant to subsection C of this section. B. To constitute a violation of this section, the acts that are prohibited by subsection A, paragraph 1 of this section are not required to be directed at a specific individual, a specific educational institution or any specific property of an educational institution. C. The chief administrative officer of an educational institution or an officer or employee designated by the chief administrative officer to maintain order may order a person to leave the property of the educational institution if the officer or employee has reasonable grounds to believe either that: 1. Any person or persons are committing any act that interferes with or disrupts the lawful use of the property by others at the educational institution. 2. Any person has entered on the property of an educational institution for the purpose of committing any act that interferes with or disrupts the lawful use of the property by others at the educational institution. D. The appropriate governing board of every educational institution shall adopt rules pursuant to title 41, chapter 6 for the maintenance of public order on all property of any educational institution under its jurisdiction that is used for educational purposes and shall provide a program for the enforcement of its rules. The rules shall govern the conduct of students, faculty and other staff and all members of the public while on the property of the educational institution. Penalties for violations of the rules shall be clearly set forth and enforced. Penalties shall include provisions for the ejection of a violator from the property and, in the case of a student, faculty member or other staff violator, the violator's suspension or expulsion or any other appropriate disciplinary action. A governing board shall amend its rules as necessary to ensure the maintenance of public order. Any deadly weapon, dangerous instrument or explosive that is used, displayed or possessed by a person in violation of a rule adopted pursuant to this subsection shall be forfeited and sold, destroyed or otherwise disposed of pursuant to chapter 39 of this title. This subsection does not do either of the following: 1. Preclude school districts from conducting approved gun safety programs on school campuses. 2. Apply to private universities, colleges, high schools or common schools or other private educational institutions. E. An educational institution is not eligible to receive any state aid or assistance unless rules are adopted in accordance with this section. F. This section does not prevent or limit the authority of the governing board of any educational institution to discharge any employee or expel, suspend or otherwise punish any student for any violation of its rules, even though the violation is unlawful under this chapter or is otherwise an offense. G. This section may be enforced by any peace officer in this state wherever and whenever a violation occurs. H. Restitution under sections 8-341, 8-345 and 13-603 applies to any financial loss that is suffered by a person or educational institution as a result of a violation of this section. I. Interference with or disruption of an educational institution pursuant to subsection A, paragraph 1 of this section is a class 6 felony. Interference with or disruption of an educational institution pursuant to subsection A, paragraph 2 or 3 of this section is a class 1 misdemeanor. J. For the purposes of this section: 1. "Educational institution" means, except as otherwise provided, any university, college, community college, high school or common school in this state. 2. "Governing board" means the body, whether appointed or elected, that has responsibility for the maintenance and government of an educational institution. 3. "Interference with or disruption of" includes any act that might reasonably lead to the evacuation or closure of any property of the educational institution or the postponement, cancellation or suspension of any class or other school activity. For the purposes of this paragraph, an actual evacuation, closure, postponement, cancellation or suspension is not required for the act to be considered an interference or disruption. 4. "Property of an educational institution" means all land, buildings and other facilities that are owned, operated or controlled by the governing board of an educational institution and that are devoted to educational purposes.

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    This is interesting but appears to be a contradiction. One statute says that the public building/institution must provide storage at the entrance to the facility and this statute merely says that a school reserves the right to prohibit weapons and confiscate them if necessary. I honestly think someone does need to sue to get a ruling on this case. If anything, this appears to violate the preemption of state firearms laws. I've always believed that any place that prohibits weapons should be liable for your safety. Next time a woman is raped in her dorm on the college campus, she should sue the school for creating an unsafe environment by not allowing her to have a gun that would have prevented sexual assault. If even one person stood up to this with enough force, things might change. Look at the D.C. case for example.



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    protector84 wrote:
    This is interesting but appears to be a contradiction. One statute says that the public building/institution must provide storage at the entrance to the facility and this statute merely says that a school reserves the right to prohibit weapons and confiscate them if necessary. I honestly think someone does need to sue to get a ruling on this case. If anything, this appears to violate the preemption of state firearms laws. I've always believed that any place that prohibits weapons should be liable for your safety. Next time a woman is raped in her dorm on the college campus, she should sue the school for creating an unsafe environment by not allowing her to have a gun that would have prevented sexual assault. If even one person stood up to this with enough force, things might change. Look at the D.C. case for example.
    Let's hope we can change the law before something terrible like that happens.

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    U of A... how I wish it were somplace else... like Scottsdale or somethin'.

    If I was a U of A student... I'd get a AZ CCW 'n carry the thing inna bag or fanny pack sort'a thing for lack of anything else and NEVER mention it to anyone. I don't need some lib-tard academe's permission to defend myself if need be. But that's just me.

    I was inna drugstore in Marana to pick up a prescription for the wife-poo... 'n a pair of these 'students' fell in behind me.

    (Conversation): Girlwhispering) That man's got a gun! Guy: Yeah... 'First time I saw that I was in Target and I ran outta the store. Girl: Is that legal? Guy: Yeah... I askeda copandhe laughed at me. Girl: 'Laughed? Guy: Yeah... Thecop said...: "This is Arizona, get used to it." Girl: Oh my God! Really? Guy:Anybody can carry a gun like that. It's legal.

    I turned around... "Welcome to Arizona, kid. (grin)" (Deer in headlights response)

  10. #10
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    Sonora Rebel wrote:
    U of A... how I wish it were somplace else... like Scottsdale or somethin'.

    If I was a U of A student... I'd get a AZ CCW 'n carry the thing inna bag or fanny pack sort'a thing for lack of anything else and NEVER mention it to anyone. I don't need some lib-tard academe's permission to defend myself if need be. But that's just me.

    I was inna drugstore in Marana to pick up a prescription for the wife-poo... 'n a pair of these 'students' fell in behind me.

    (Conversation): Girl: (whispering) That man's got a gun! Guy: Yeah... 'First time I saw that I was in Target and I ran outta the store. Girl: Is that legal? Guy: Yeah... I askeda copandhe laughed at me. Girl: 'Laughed? Guy: Yeah... Thecop said...: "This is Arizona, get used to it." Girl: Oh my God! Really? Guy:Anybody can carry a gun like that. It's legal.

    I turned around... "Welcome to Arizona, kid. (grin)" (Deer in headlights response)

    Ha! I got pretty much the exact same reaction at Borders bookstorelast Friday...!


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    So, while the 13-3102.01 requires that every public establishment have and maintain temporary and secure storage that is readily accessible, and that 13-3118 prevents agencies of the state from making rules against carrying/storage of weapons outside of the statutes, 13-2911 appears to give the Board of Regents and the universities the special ability to prohibit weapons on campus in the name of "safety". Lame.

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    Like-The-Roman

    Regarding the last line of your post. I'd be standing there saying, "so you are prepared to guarantee my safety while on UA grounds?????" KOOL! I'm gonna run and get all my friends & tell em they will be safe here. COMON EVERYBODY!

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