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Thread: The Legalities of Carrying on a College Campus

  1. #1
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    Here is my understanding of things.
    1. The Federal Gun Free School Zone Acts of 1990 were deemed unconstitutional by SCOTUS.
    2. Arizona prohibits lawful possessors from carrying in very few places. Polling places on election day, businesses serving liquor for consumption on premises, ect.

    Is there a state or federal law that prohibits carrying within 1,000ft of a K-12 school?
    Is there a state or federal law that prohibits carrying on the campus of a PUBLIC institution of higher learning (community college or public university)?

    I have read that some states allow "schools" to choose their own weapons policy. Doesn't school always define K-12.

  2. #2
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    MarcoWasRight wrote:
    Here is my understanding of things.
    1. The Federal Gun Free School Zone Acts of 1990 were deemed unconstitutional by SCOTUS.
    2. Arizona prohibits lawful possessors from carrying in very few places. Polling places on election day, businesses serving liquor for consumption on premises, ect.

    Is there a state or federal law that prohibits carrying within 1,000ft of a K-12 school?
    Is there a state or federal law that prohibits carrying on the campus of a PUBLIC institution of higher learning (community college or public university)?

    I have read that some states allow "schools" to choose their own weapons policy. Doesn't school always define K-12.
    There is state law that bans carrying on a k-12 school, public or private.

    But, colleges I think are a different bird.Im just an Average law-abiding citizen, not a lawyer: so take my opinion for what it is worth. The way i see it is this:

    ARS 13-3102-A. A person commits misconduct involving weapons by knowingly: (12. Possessing a deadly weapon on school grounds

    Ok, there is state law saying you cant posses a firearm on "school grounds". Here is what ARS defines a "school" to be:

    ARS 13-3102-K-3. "School" means a public or nonpublic kindergarten program, common school or high school.

    ARS 13-3102-K-4. "School grounds" means in, or on the grounds of, a school.

    ...SO as I see it, If you carry a firearm on a college campus- you have not commited a misconduct with a weapon.

    ASU for example, posts a "No Weapons" sign that quotes both ARS 13-3102 (which we just de-bunked) as well as ARS 13-2911.

    ARS 13-2911 Reads 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.

    SO... This section DOES apply to Colleges and Universities, but does not specifically relate to weapons or firearms. As I see it, I think they could use it against you if you got caught with a weapon or firearm, but it would be one of those issues where having a good lawyer makes all of the difference.

    The College or University CAN take actions against you, but they would either be civil or academic (ie being expelled, fined, sued, etc.), not criminal.

    If you did carry on a campus, i'd make sure to do so by legally concealing it, not OC.

    Like I said at the beginning though, Im just a guy- and this is NOT legal advice.

  3. #3
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    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.


    What does the end of D mean?


  4. #4
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    Ya know, the more I re read that- the more it sounds like to me that Schools are throwing out State preemption. You ask what does the end of D mean? To me, it says that if they catch you with your piece, they will take it, and you wont get it back.

    For what it's worth, I would weigh the consequences, and make an informed decision. I have a wife and 2 kids that I intend on returning to every night. Short of an x-ray machine, my iron goes where I go. But, that is a decision I made years ago. Like the cliche here, I'd rather be judged by 12 peers that by 6 slugs. If you carry at a college or university, just use your head and keep your mouth shut.

  5. #5
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    Last time I checked, all of these weapon laws themselves are illegal. The only lawful weapon law on the books is the one that states "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." That is the law I follow. I am a soverign individual with God-given rights to self defense. Nobody tells me I cannot protect myself. Period.



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