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Thread: OC Question

  1. #1
    Regular Member
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    OC Question

    Can you OC on a college campus?
    It's only after you've lost everything that you're free to do anything

  2. #2
    Regular Member Snakemathis's Avatar
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    As far as I know...

    You can not legally carry openly or concealed on any college campuses in Arizona. This is just from what I have presumed based on previous posts. I dont actually know the law, but I believe its illegal. Hopefully someone can clarify that for me.
    "Know firearms, know safety. No firearms, no safety"
    "If the facts don't fit the theory, change the facts."

  3. #3
    Regular Member Phoenix David's Avatar
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    The answer is not crystal clear .

    13-3102. Misconduct involving weapons; defenses; classification; definitions
    ..snip..
    A. A person commits misconduct involving weapons by knowingly
    ...snip..
    Possessing a deadly weapon on school grounds; or
    ...snip...
    "School" means a public or nonpublic kindergarten program, common school or high school.
    ..snip..

    There could be some debate that this does not apply to College campus with them being a political subdivision of the state and the state preempts them from making their own rules about firearms and under this ARS they are not a school.

    I'd go with no unless you wish to be the first test case.
    Last edited by Phoenix David; 07-27-2010 at 09:03 PM. Reason: bad grammar
    Freedom is a bit like sex, when your getting it you take it for granted, when you're not you want it bad, other people get mad at you for having it and others want to take it away from you so only they have it.

  4. #4
    Regular Member AZkopper's Avatar
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    It is not against the law to have a gun on a college campus in AZ. That being said, it is against campus policy. If you are enrolled, you risk being expelled. If you are not enrolled, you risk being trespassed. I do not know if the trespass would stand up in court. The college is a public institution, so it should be handled just like any other gov't entitity. It would be case law, to be sure.

  5. #5
    Regular Member azcdlfred's Avatar
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    Quote Originally Posted by AZkopper View Post
    It is not against the law to have a gun on a college campus in AZ. That being said, it is against campus policy. If you are enrolled, you risk being expelled. If you are not enrolled, you risk being trespassed. I do not know if the trespass would stand up in court. The college is a public institution, so it should be handled just like any other gov't entitity. It would be case law, to be sure.
    The prohibition isn't in the "weapons misconduct" statutes. Like AZkopper pointed out, it's in the statutes that allow campus administrators to set policy. If they want to ban guns (they all have) nothing can prevent them - they derive their authority from statute.

    The fat lady hasn't sung. Five years ago, the idea of permitless carry was considered insane, but we (AzCDL with YOUR help) got it done. Just keep supporting us (http://www.azcdl.org/html/join_us_.html) and we'll keep making history.

    Fred

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