• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Rumor of the Attorney General Advising Colleges and Universities on changed OC and CC law.

LovesHisXD45

Regular Member
Joined
Jul 3, 2008
Messages
580
Location
, Utah, USA
imported post

Maybe everyone is just missing my point. The law says clearly "for the purpose..." There has to be intent to satisfy the requirement of the statute. So, even if they interpret the law the way they want to, it still requires intent in order to be enforced. If the case were brought before a judge, they still have to prove that the student open carried and remained on campus for the sole purpose and intent of causing a disruption, according to the way it is currently written, and to satisfy the requirements of criminal conduct and responsibility (76-2-101), or the charge would be dropped. What is so unclear about that? If they are unable to show intent, then the charge should be thrown out.

However, it is possible that a jacked up jury or biased judge could twist the interpretation around if they really wanted to. That is the part that is messed up the most in our justice system if you ask me. Biased interpretations can put innocent people behind bars or cause negative criminal history to be tacked onto their records when it ought not to be.

Maybe the colleges should conduct a poll among their whole entire student bodies to see if the other students would consider open carry on their campuses a "disruptive" condition for them. This kind of feedback would help a lot in relieving the unfounded concerns of administrators and faculty. It may swing one way, or the other, but at least there would be factual information for them to base their attitudes on rather than personal disapproval of open carry on campus.

Kevin
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
imported post

swillden wrote:
LovesHisXD45 wrote:
I fail to see any gray areas with the way the statutes are written.
The "gray area" is whether or not open carry constitutes "disruption of school activities". Since disruption isn't defined in the law, and as far as I know there aren't any precedents that elucidate it, the universities have the wiggle room to claim their interpretation. In this case it really wouldn't do any good for the AG to weigh in with his opinion, because they'd just say "that's his opinion, but we think a court would agree with us."

There are only two ways to resolve this: Either some student has to take it to court, or the legislature has to clarify the open carry is not disruptive.
I think unarmed people are very disruptive. I also think that people with red shirts are disruptive. Can we kick all of those disruptive people out as well?
 
Top