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College Carry - ASU says its illegal?

rmbrems

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Pace wrote:
ASU claims it is illegal to carry on college grounds. Is this correct? I just read another post that says its not illegal, and they carry at ASU?

http://www.asu.edu/aad/manuals/pdp/pdp201-05.html

Lets take a look at the ARS Statutes ASU is citing:

1.) ARS 13-2911: http://www.azleg.state.az.us/ars/13/02911.htm Interference with or disruption of an educational institution.
How it applies (or rather does not apply):
1. Intentionally, knowingly or recklessly interfering with or disrupting the normal operations of an educational institution (...by threat of physical damage to people, property, etc)
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. (which says the the chief administrator can ask you to leave if he or his agent *thinks* that you are up to something that *might* be disruptive)- Is carrying a gun disruptive? If you are a leftist/hippie gun-control advocating sissy, yes- it likely is. Which may mean that if a professor sees one- they will freak.

Moral of ARS 13-2911: Conceal your weapon. And for the love of pete, don't get made.

The second statue is http://www.azleg.state.az.us/ars/13/03101.htm Definitions. It Defines what weapons, etc. are. If you are unsure what a weapon is, I suggest you leave this site, and go to pbskids.org. You are clearly at the wrong website.

The Third ARS they cite: ARS 13-3102 [url]http://www.azleg.state.az.us/ars/13/03102.htm [/url]: Misconduct involving weapons; defenses; classification; definitions.
ARS 13-3102 is DEFIANTLY a code section that every AZ gun owner should be familiar with. I'd like to draw your attention to sub-section L 3-4 which reads,
"3. "School" means a public or nonpublic kindergarten program, common school or high school.
4. "School grounds" means in, or on the grounds of, a school."

Please note that section 3 DOES NOT INCLUDE UNIVERSITIES AND OR COLLEGES, PUBLIC OR PRIVATE. So, 13-3102 does not apply to lawful carry of a weapon on ASU Campus.

The 4th section ASU cites is: ARS 13–3102 (A) (10) to 13–3103 http://www.azleg.state.az.us/ars/13/03102.htm
Ok, "10. Unless specifically authorized by law, entering any public establishment or attending any public event and carrying a deadly weapon on his person after a reasonable request by the operator of the establishment or the sponsor of the event or the sponsor's agent to remove his weapon and place it in the custody of the operator of the establishment or the sponsor of the event for temporary and secure storage of the weapon pursuant to section 13-3102.01; or"

My problem here is, WEAPON STORAGE. Does ASU have temporary weapon storage? Im not sure. But, for me: I refer to subsection C.4, "4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States."
CCW anyone?

The moral of my story: If you have a CCW and exercise it lawfully, You have not broken any of the aforementioned laws.
BUT
If caught you risk weapon forfeiture- and if you are a student or faculty, suspension, expulsion, or a fine as pursuant to the Arizona Board of Regent's Rules. (emphasis on the word RULES- not LAWS)

If you chose to carry at ASU, U of A, or any other university or college in AZ, be aware of the rules and laws and their associated penalties for breaking them.
 

rmbrems

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After reviewing ABOR's procedures, I found an interesting penalty: They can actually revoke your degree, if it was received from any of the public universities (ASU, U of A, and NAU)

So, to repeat myself; It's isnt against the LAW, but it is very much against their RULES- If you are, or were, a student or graduate of those universities- please consider what the risks are.

Having your degree revoked would really suck. http://www.abor.asu.edu/1_the_regents/policymanual/chap5/chapter_v.htm ABOR 5-208.G.d

EDIT: THIS IS MY OPINION- I'm Just a guy, not a lawyer. Be safe, be smart.
 

rmbrems

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Another thought, I wonder how ASU will confirm to ARS 12‑781. Transportation or storage of firearms; motor vehicles; applicability come October 1.
 

rmbrems

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I dunno guys, in light of the facts- and after review of Arizona Revised Statutes, I am unable to find any statute that expressly or otherwise prohibits carry on a College or University campus (private or public). All that I can find is Arizona Board of Regents policy. I would recommend that the US map [url]http://www.opencarry.org/college.html [/url] be changed to display AZ as "Carry Not Statutorily Prohibited".

ASU's website (mentioned above) states; "In addition to any sanctions available under applicable law, violations of this policy by ASU students are subject to sanctions under the ABOR Student Code of Conduct, and violations of this policy by ASU employees are subject to sanctions under ABOR and ASU policies governing employee conduct."

Unless you are a student or employee- i'd imagine you could even open carry. You may be required to check your weapon- much like the DMV or library though.
 

r6-rider

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ASU is pretty hippy, i imagine BIG problems if you get caught with a gun there
 

Mike

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r6-rider wrote:
ASU is pretty hippy, i imagine BIG problems if you get caught with a gun there

But that is not the issue - the issue is whether open c=or concealed carry violates any state criminal statute or regulation - obvioulsy students and staff MAY be subject to pretty much whatever administrative punishment a state college wants to meet out for rules violatiuons - but visitors should be fine.

Pending some more research, we will change the map.
 

rmbrems

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Is there anyone else out there that would confirm the research? Here is the quick rundown:

ASU lists this as reasons why they prohibit firearms:
http://www.asu.edu/aad/manuals/pdp/pdp201-05.html

Arizona Revised Statutes §§ 13–2911; http://www.azleg.state.az.us/ars/13/02911.htm

13–3101;http://www.azleg.state.az.us/ars/13/03101.htm

13–3102 (A) (10) http://www.azleg.state.az.us/ars/13/03102.htm

13–3103http://www.azleg.state.az.us/ars/13/03103.htm

Arizona Board of Regents Policy Manual - 5-308 http://www.abor.asu.edu/1_the_Regents/policymanual/chap5/chapter_v.htm#5-308 NOTE: Policy manual is POLICY- Not LAW



My results are such(please see previous listing for explanation and argument):

13–2911: No statutory prohibition here. However 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.- Since they reference this statute, it is plausible that they, the school, may confiscate and dispose of your firearm.

13–3101 Definition of what a weapon is. No statutory prohibition here.

13–3102 (A) (10) to 13-3103 (A)(12) PROHIBITS, "12. Possessing a deadly weapon on school grounds", but then in (L)(3) Defines; "School" means a public or nonpublic kindergarten program, common school or high school. So, No statutory prohibition here with regard to public College or University.

13–3103 Definition of explosive, No statutory prohibition here.

Can anyone else here review my findings and confirm what I cave found- or show me what I have missed, or where I am wrong? Thanks!
 

Mike

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AZ Patriot wrote:
13–2911: No statutory prohibition here. However 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.- Since they reference this statute, it is plausible that they, the school, may confiscate and dispose of your firearm.
OK, focus - read that section, it allows the state college to establish law - what does it allow, and what rule has been promulgated by the state college?

Be concise - less is more.
 

Pace

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ASU has signs that say no firearms, all over the place. However, if they are a public college, is this a violation of State Law? Is there are preemption as they are STATE PROPERTY?
 

rmbrems

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As I am researching more about ASU's weapon "policy" with regards to Mike's comments- holy crap. has anybody actually read ABOR's policies? Talk about unconstitutional! 1st, 2nd, 5th amendment rights are all thrown out the window. Does anyone here know how to challenge something like this in court without having broken any laws/rules?
 

eBratt

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In general, I believe there must be some harm that has taken place due to a law before it can be challenged. It is my understanding that this is why it took so long for the DC/Heller case to come about.
 

Pace

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Harm can be as much as me asking the ASU Police Chief permission to carry my weapon on school grounds, and then being denied the right to do so.
 

rmbrems

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From what I can make of this whole mess is that AZ Law requires the Board of Regents to have a policy. But that policy that does not have the force of law. Students and faculty can face administrative action, but the general public is not bound to their policy.
 

eBratt

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Pace:
Absolutely. If you are denied the ability to carry, then yes, that is harm. But simply assuming that you understand what it means and don't carry would fail to meet that requirement, just as understanding that the DC regs would not allow you to register a handgun and then doing nothing about it.

AZ Patriot:
Can you walk us through the reasoning that the Board of Regents Policy would only apply to affiliates (students, faculty, etc) and not visitors to campus?
 

rmbrems

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FYI- I was sent this from a friend who attends ASU- he emailed the Chief asking about weapon storage at ASU):

"The answer is “yes,” we do have storage lockers for the Tempe Campus. They are located on the outside of our Police building on the southeast corner of College and Apache. During normal business hours you can get a key from our front desk receptionist. You lock your weapon up and keep the key with you. Upon your return, you give the key back to the receptionist. If our lobby is closed, when you want to secure a weapon, there is a speaker box on a pole outside our door that communicates directly with our Dispatch Center. They will have an officer or a Police Aide respond to give you a key. If the lobby is closed when you return, simply leave the key inside the locker and let the Dispatch Center know that the key is there. "

Too bad ASU PD is so far away from the stadium. I wonder if Tempe's police HQ has storage.
 
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