College Student Arrested for Legally Carrying on Campus!

[Ian]

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Five-Oh! wrote:

the police didn't approach him...public safety did!! they were the ones asking him all the questions and taking his stuff! (it was kind of mentioned in the school paper but more so on the local news) if it were me i would've known my rights and not let someone go diggin through my pockets....

No kidding! This guy needs to learn his rights.

 

[rds801]

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Not only is Western Oregon University against the 2nd Amendment, but seems like they are against the 1st Amendment too :shock:

http://tinyurl.com/c4e86x

 

[AbNo]

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rds801 wrote:

Not only is Western Oregon University against the 2nd Amendment, but seems like they are against the 1st Amendment too :shock:

http://tinyurl.com/c4e86x

Blind link failure there, RDS.

School newspaper censored?

Prospective students and their families who visited Western this past weekend were greeted with an abundance of publications advertising the benefits of attending Western, but one area was conspicuously bare.

Approximately four hours after arriving at the Werner Center Saturday morning to open the building, student building manager Justin Briley (who also serves as the webmaster for the Western Oregon Journal), noticed that the receptacles where the Journal is normally distributed from were naked. After closer examination the papers were found hidden underneath other items on the receptacle's table top and stuffed into cubbies that are originally intended for paper recycling. Only downstairs, in front of the Student Media offices were the papers left undisturbed.

 

[rds801]

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Thanks Abno

 

[AbNo]

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I keep pointing these two sections of code out, but no one ever remembers them. :uhoh:

 

[Orygunner]

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Here is a good article in WorldNetDaily on this case that just came out today:

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=89280

WEAPONS OF CHOICE
[font="Palatino, Georgia, Times New Roman, Times, serif"][size=+2]College ousts Marine for legally concealed gun

[/font]
[font="Palatino, Georgia, Times New Roman, Times, serif"][size=+1]'Look, no weapons are allowed on campus, period'[/size][/font]






[size=-1]Posted: February 19, 2009
12:00 am Eastern

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[font="Palatino, Times New Roman, Georgia, Times, serif"]By Chelsea Schilling[/font]
[size=-1]©2009WorldNetDaily [/size]

Jeffrey Maxwell (photo: Democrat Herald)


A Marine has been arrested, suspended from college and ordered to undergo a psychological evaluation for bringing a handgun and knife to campus – even though he holds a concealed carry permit issued by the state.

"They put me in cuffs as quick as they could and hauled me off," Western Oregon University student Jeffrey L. Maxwell told Portland's KATU-TV. "With my concealed weapons permit, I thought I was well within my rights to carry it. I never remember signing away my right to keep and bear arms."

Campus police arrested Maxwell, a 30-year-old junior, Jan. 28 after someone reported seeing a knife in his pocket. Maxwell was cooperative when authorities detained him. When they asked if he had any other weapons, he politely informed them he had a loaded two-shot .22 caliber Derringer and pocket knives in his possession. He also said he carried a rifle in his truck.

Monmouth police took Maxwell into custody for violation of ORS 166.370, possession of a firearm in a public building. Kevin Starrett, president of the Oregon Firearms Federation, said Maxwell was forced to sit at the police station for three hours after the district attorney told police to charge him.

"The law is absolutely clear that Jeffrey was not doing anything illegal, and this district attorney doesn't know that?" he told WND. "They can't figure out to read three lines and one section of the law?"

Polk County District Attorney Stan Butterfield dropped charges against Maxwell Feb. 10.

"I believe the Monmouth Police Department issued the citation in good faith and that there was an arguable violation," Butterfield wrote in an e-mail obtained by KATU. "However, a careful reading of the statute and the facts led me to conclude the charge was not in the best interest of justice."

Nonetheless, a Western Oregon University student disciplinary panel has determined that Maxwell may not re-enroll at the college until a mental health professional determines that he is not a threat to himself or the public. The panel consisted of four unnamed students and one university staff member. Maxwell asked for a public hearing, but his request was denied.

"These were children on the panel who were judging him," Starrett said. "These people were in elementary school when Jeff was serving his country in the Marine Corps. I looked at these kids thinking, these kids are judging this guy?"

As soon as the hearing was over, the panel closed and locked the doors, he said. Suddenly, nearly 50 people standing outside heard a burst of laughter coming from the room.

"We were like, 'What the hell is going on in there?'" Starrett said. "I've never seen anything like it."

The panel also demanded that Maxwell submit a 10-page essay on the importance of following the law, accepting responsibility for his actions and recognizing the impact of possessing weapons on a college campus before he will be allowed to return next spring.

University policy prohibits people from carrying weapons, even if they have state-issued permits. But Maxwell and his attorney are fighting the decision – saying the school's rule undermines Oregon state law and violates his right to carry firearms into public buildings.

"They had no interest in the Oregon state law," Maxwell told KATU. "They didn't want to hear anything pertaining to the law. They only wanted to hear what was pertaining to the student codes of conduct."

Starrett said, "It was clearly an effort to humiliate him. Every time someone exercises their rights they need to get their head examined? It's unnerving stuff."

Joe Hutchinson from Campus Public Safety told the Western Oregon Journal, the university's student newspaper, that the Oregon University System policies are stricter than state regulations.

"We go one step further and say, look, no weapons are allowed on campus, period," he said.

But Oregon State Reps. Bruce Hanna, R-Roseburg, and Kim Thatcher, R-Keizer, wrote a letter to Oregon University System Chancellor George Pernsteiner asking the college to discard policies that undermine rights of gun owners who possess permits, according to the Seattle Post-Intelligencer.

"I hope the universities will recognize that those with concealed handgun licenses are legally able to bring their arms on campus," Thatcher said.

The Oregon Firearms Federation is demanding Maxwell reinstatement, an apology and compensation for the student. Maxwell has written a letter of appeal to the school.

"It's a letter of his position on why they're wrong, and that's the process," Starrett said. "That's been sent. Now, what we're expecting is just for them to blow it off, and then we file our lawsuit."

When asked why he carried the weapons on campus, Maxwell said he was concerned about his and other students' safety after the April 2007 massacre at Virginia Tech.

"When Marines hear gunfire, we don't run from it. We run toward it," Maxwell told KATU. "I kind of thought of myself as one of the good guys – the one who, if something happened at school, was going to step in and save everybody else."

Concerned individuals may e-mail university President John Minahan or call (503)838-8888 and/or contact Polk County District Attorney Stan Butterfield. The Oregon Firearms Federation is accepting tax-deductible donations to the Jeffrey Maxwell Legal Defense Fund. Contributors should select "Oregon Firearms Educational Fund" and indicate specifically that the funds are intended for Jeffrey Maxwell's case.

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...Orygunner...

 

[JB743]

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I'm a Texas community college student I have concealed carry licence but dont carry on campus but i do carry a sheathed knife on my belt a kershaw assisted opening knife on my right front pocket and a case trapper in my left pocket and if a complaint came in to campus police about me i guess i would be in this mans boat too but all knifes i carry are legal texas length and several people have asked me about the one on my belt but it is a straight blade 3" long .As far as concealed carry why do the Tx colleges not post the 30.06 sighns so you see it in writeing Public schools haveto post the sighns and in tx Premisis is not defined as parking lots sidewalks so if the door is not shut behind you you havn't broken a law.cop might not interpriet the law that way but that would be your defense.but this man is a terrible statistic because if it wasn't for his knife he would still be in class carrying as alway's 30 years old I think he can handle a knife. Just a Honest Person . Consealed means hidden and obeying a officers orders got him in trouble .Pretty cut and dry they should notify him of the campuses laws and warn him and let him go back to classes .But The govt wouldn't help anyone out cause they are doing there damedest to take all our right's away one by one. Instead of protecting them.

 

[KBCraig]

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JB743 wrote:

As far as concealed carry why do the Tx colleges not post the 30.06 sighns so you see it in writeing

Public colleges and universities cannot post a 30.06 notice that has any validity. In Texas, only the legislature can regulate the carrying of arms. The only valid 30.06 notice on any government property is at a meeting of a governing body.

The buildings are already statutorily off limits, so posting notices would be redundant. The rest of the campus is not off limits even with a sign, so a sign would be meaningless.

 

[JB743]

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Tx carry laws suck ...You can carry in a courthouse if court is not in session.How do you know it's in session unless you go in. oc is the way to go.

 

[JB743]

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If the public safety is not mandated by thegovt then that would fall under a private party search and by the constitution it would be legal. If anything else Cvil matter.

 

[CrossFire]

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KBCraig wrote:

JB743 wrote:

As far as concealed carry why do the Tx colleges not post the 30.06 sighns so you see it in writeing

Public colleges and universities cannot post a 30.06 notice that has any validity. In Texas, only the legislature can regulate the carrying of arms. The only valid 30.06 notice on any government property is at a meeting of a governing body.

The buildings are already statutorily off limits, so posting notices would be redundant. The rest of the campus is not off limits even with a sign, so a sign would be meaningless.

Hospitals are off limits by statute also but I have seen many with 30.06 postings.

 

[KBCraig]

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CrossFire wrote:

KBCraig wrote:

JB743 wrote:

As far as concealed carry why do the Tx colleges not post the 30.06 sighns so you see it in writeing

Public colleges and universities cannot post a 30.06 notice that has any validity. In Texas, only the legislature can regulate the carrying of arms. The only valid 30.06 notice on any government property is at a meeting of a governing body.

The buildings are already statutorily off limits, so posting notices would be redundant. The rest of the campus is not off limits even with a sign, so a sign would be meaningless.

Hospitals are off limits by statute also but I have seen many with 30.06 postings.

Hospitals (and nursing homes, and churches) are only off limits if they post a valid 30.06 notice.

 

[CrossFire]

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KBCraig wrote:

CrossFire wrote:

KBCraig wrote:

JB743 wrote:

As far as concealed carry why do the Tx colleges not post the 30.06 sighns so you see it in writeing

Public colleges and universities cannot post a 30.06 notice that has any validity. In Texas, only the legislature can regulate the carrying of arms. The only valid 30.06 notice on any government property is at a meeting of a governing body.

The buildings are already statutorily off limits, so posting notices would be redundant. The rest of the campus is not off limits even with a sign, so a sign would be meaningless.

Hospitals are off limits by statute also but I have seen many with 30.06 postings.

Hospitals (and nursing homes, and churches) are only off limits if they post a valid 30.06 notice.

Your right. My mistake. Need to start looking things up before posting.

 

[KBCraig]

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No problem, lots of people missed that change, even though it happened a decade ago. There are reports of instructors still teaching the law incorrectly.

There should never be any private property that is statutorily off limits, because that invalidates the property owner's rights. I don't care if it's a bar, a church, a hospital, nursing home, private school or university, or site of a professional sporting event, the legislature has no business banning guns there.

Arkansas's legislature doesn't understand this, and just failed to overturn their ban on church carry.

 

[Gordie]

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KBCraig wrote:

There should never be any private property that is statutorily off limits, because that invalidates the property owner's rights. I don't care if it's a bar, a church, a hospital, nursing home, private school or university, or site of a professional sporting event, the legislature has no business banning guns there.

I agree.

In Nevada we have a law that was implemented two years ago that bans firearms in any capacity from schools and any daycare facilities, including parking lots (except for LE of course) even if they were unloaded and locked in the trunk inside a locked case. The way it was originally written it would have been a felony to have a gun in your car while picking up or dropping off your kids if you entered a driveway or parking lot of one of these facilities.After an outcry from gun owners across the state, the bill was changed to be a misdemeanor. If we had had more than just a couple of days notice we might have gottenthis section of the billthrown out all together. We are still fighting to get the state to leave private property alone.

The worst part was that it was attached to an anti-child molestation bill. If you vote against the bill as a whole, then you are protecting child molesters, if you vote for the bill, then you are anti-gun.

If I own a daycare facility, why should I have to give each parent writtenpermission to be armed on my property? Why can't I just say that as long as you behave yourself you can be armed any way you like? If some crazy freak shows up to hurt or kill lids, I want all the backup that I can get. I would hope to God that there was at least one parent there to help protect the kids under my care, a dozen would be even better.

 

[Los]

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Orygunner wrote:

When asked why he carried the weapons on campus, Maxwell said he was concerned about his and other students' safety after the April 2007 massacre at Virginia Tech.

"When Marines hear gunfire, we don't run from it. We run toward it," Maxwell told KATU. "I kind of thought of myself as one of the good guys – the one who, if something happened at school, was going to step in and save everybody else."

This is why you should let your lawyer do the talking. No one is looking for a hero. Let LE run towards the gunfire, that's what they get paid to do.

edit: when I cc, it's for my protection and those that I am responsible for....

 

[Gordie]

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Los wrote:

Orygunner wrote:

When asked why he carried the weapons on campus, Maxwell said he was concerned about his and other students' safety after the April 2007 massacre at Virginia Tech.

"When Marines hear gunfire, we don't run from it. We run toward it," Maxwell told KATU. "I kind of thought of myself as one of the good guys – the one who, if something happened at school, was going to step in and save everybody else."

This is why you should let your lawyer do the talking. No one is looking for a hero. Let LE run towards the gunfire, that's what they get paid to do.

edit: when I cc, it's for my protection and those that I am responsible for....

Your choice and your right, not all of us feel that way, our choice and our right.

edit: when I cc, it's for my protection and those that I am responsible for....

Since adults can make their own decisions,and therefore take care of themselves,I guess that only children under the age of 18 that are in your care can count on you for protection then?

 

[Los]

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Gordie wrote:

Los wrote:

Orygunner wrote:

When asked why he carried the weapons on campus, Maxwell said he was concerned about his and other students' safety after the April 2007 massacre at Virginia Tech.

"When Marines hear gunfire, we don't run from it. We run toward it," Maxwell told KATU. "I kind of thought of myself as one of the good guys – the one who, if something happened at school, was going to step in and save everybody else."

This is why you should let your lawyer do the talking. No one is looking for a hero. Let LE run towards the gunfire, that's what they get paid to do.

edit: when I cc, it's for my protection and those that I am responsible for....

Your choice and your right, not all of us feel that way, our choice and our right.

edit: when I cc, it's for my protection and those that I am responsible for....

Since adults can make their own decisions,and therefore take care of themselves,I guess that only children under the age of 18 that are in your care can count on you for protection then?

Nope. In regards to personal safety and protection, I am resposible for everyone in my family.

It wouldnt do my family any good if I got my self shot and killed because I went looking for the BG. Again, let LE search for the BG's, that's their job.