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Thread: What does McDonald mean for Campus Carry and Possession?

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    Regular Member Dreamer's Avatar
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    What does McDonald mean for Campus Carry and Possession?

    Since public universities and colleges are owned and operated by their respective States, and are, therefore "state institutions", deriving their legal power from State government charters, does McDonald have any bearing on the prohibition of lawful CC, OC, or possession of firearms on college/university property?

    The McDonald decision may have some WIDE-reaching ramifications. We need to get some creative lawyers on this, and start hammering away at the state-sponsored restrictions on lawful firearms possession and carry on campuses...
    Last edited by Dreamer; 06-29-2010 at 10:03 AM. Reason: spelling

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    Regular Member Jack House's Avatar
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    Quote Originally Posted by Dreamer View Post
    Since public universities and colleges are owned and operated by their respective States, and are, therefore "state institutions", deriving their legal power from State government charters, does McDonald have any bearing on the prohibition of lawful CC, OC, or possession of firearms on college/university property?

    The McDonald decision hay have some WIDE-reaching ramifications. We need to get some creative lawyers on this, and start hammering away at the state-sponsored restrictions on lawful firearms possession and carry on campuses...
    The justices specifically said that their judgment does not affect those laws.

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by Jack House View Post
    The justices specifically said that their judgment does not affect those laws.
    They said schools. Colleges and Universities are typically treated differently. Either side could make an argument that carry on University campuses is lawful. Even California makes a distinction between K-12 schools and Universities, treating each differently for firearms laws.

    Is it winnable? CERTAINLY there's almost always a winning side. I don't think the SCOTUS decision is where to focus the battle for campus carry though particularly in states where the schools are simply denying their lack of authority on the issue.

    Use your existing laws and/or state legislative action for now, along with lawsuits when needed.

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by We-the-People View Post
    They said schools. Colleges and Universities are typically treated differently. Either side could make an argument that carry on University campuses is lawful. Even California makes a distinction between K-12 schools and Universities, treating each differently for firearms laws.

    Is it winnable? CERTAINLY there's almost always a winning side. I don't think the SCOTUS decision is where to focus the battle for campus carry though particularly in states where the schools are simply denying their lack of authority on the issue.

    Use your existing laws and/or state legislative action for now, along with lawsuits when needed.
    Depending on State law, if they are private schools, they have the right to ban all firearms on their property and you would get a trasspassing and disorderly conduct citation if you refuse to leave. The SCOTUS will hold up Statutes/Code/Ordinances which ban firearms from "public" buildings. In WI a public building is pretty much any structure owned or leased by the State or any political subdivision of the State. How a campus is treated differently is that you are only prohibited from carrying within the building and it is legal on the school grounds/premises. K-12 schools ban carry within 1000' of school grounds and not just the building or just the grounds.

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    Regular Member We-the-People's Avatar
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    Quote Originally Posted by Interceptor_Knight View Post
    Depending on State law, if they are private schools, they have the right to ban all firearms on their property and you would get a trasspassing and disorderly conduct citation if you refuse to leave. The SCOTUS will hold up Statutes/Code/Ordinances which ban firearms from "public" buildings. In WI a public building is pretty much any structure owned or leased by the State or any political subdivision of the State. How a campus is treated differently is that you are only prohibited from carrying within the building and it is legal on the school grounds/premises. K-12 schools ban carry within 1000' of school grounds and not just the building or just the grounds.
    That's why the fight is still going to have to be fought at the state level. Here in Oregon you can't carry in any public "buliding" which includes K-12, Colleges, City/state owned buildings, etc. BUT a Concealed license exempts you and the local entity is prohibited from regulating firearms (they still put their rules in place and threaten but there is no criminal violation). If you don't have legitimate business they can trespass you and you have to leave or it becomes a trespass charge.

    We don't have any signage legislation so ignoring "no guns" signs is lawful here until they say to leave.

    We've got it pretty good but we are still fighting the schools and locals who are resisting state law which is quite clear. They like to post signs even when they know they have no lawful backing. They generally try to say "oh, that's for people without a license" but their intent is to cause all gun carriers to stay clear. Some even threaten arrest, expulsion from school, etc. There is at least one major case in the system right now, civil, and they'll most likely get hammered and have to back down.

    But yes, there's still a long way to go and many of the fights will be at the state level.

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