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GMU's Regulation Held to Be Constitutional

user

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Sorry, I should have made that one a PM. Most of our correspondence has been by PM and email.
 

Virginiaplanter

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I am going to have to assume that USER's drive-by smearing was directed at me. After all the briefs had been filed and nothing left was to be done but wait for the decision, USER wanted to step in and become the attorney of record and charge the court for attorney fees. I rejected that proposal.
 

user

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I was thinking also of discussions we'd had last year. But, whatever, and again I apologize for making the comment public.

But I wasn't kidding when I pleaded with you not to note an appeal, Mr. DiGiacinto. I greatly admire your ability to do research and analyze data, your writing ability, and your historical perspective. But I think you're trying to bring the legal system into line with what you wish it were, and it's bigger and stronger than you are. That's romantic idealism, and the law has a way of grinding ideals up into little bits, along with those who espouse them.

Please remember the folks who are on the line with you before you begin a frontal attack on the system.
 

Virginiaplanter

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user wrote:
I was thinking also of discussions we'd had last year. But, whatever, and again I apologize for making the comment public.

But I wasn't kidding when I pleaded with you not to note an appeal, Mr. DiGiacinto. I greatly admire your ability to do research and analyze data, your writing ability, and your historical perspective. But I think you're trying to bring the legal system into line with what you wish it were, and it's bigger and stronger than you are. That's romantic idealism, and the law has a way of grinding ideals up into little bits, along with those who espouse them.

Please remember the folks who are on the line with you before you begin a frontal attack on the system.

Yes, last year's discussions was that you did not want to be the Attorney for The Amicus Brief of Virginia1774 in District of Columbia v. Heller becasue it would have been pro bono. Fortunately I found an attorney and well , as they say, the rest is history.
 

Virginiaplanter

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GWRedDragon wrote:
So, when's the appeal? :lol:

Would today be a good day?


August 17, 2009: Filing of the Notice of Appeal to the Virginia Supreme Court.

Some people have expressed interest at financial support. If you are interested you can use the PayPal option at the bottom of http://www.virginia1774.org/GMULawsuit.html

Or, if you are like many people and don't like Paypal, you can e-mail at the website or pm me to find out how to donate by check etc.
 

nova

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Virginiaplanter wrote:
GWRedDragon wrote:
So, when's the appeal? :lol:

Would today be a good day?


August 17, 2009: Filing of the Notice of Appeal to the Virginia Supreme Court.

Some people have expressed interest at financial support. If you are interested you can use the PayPal option at the bottom of http://www.virginia1774.org/GMULawsuit.html

Or, if you are like many people and don't like Paypal, you can e-mail at the website or pm me to find out how to donate by check etc.
As good as any. :)

I notice that the Jul. 31 opinion differs from the Final Order in that the jul 31 opinion states GMU's regulation only applies to administrative, academic, dining, and residentual buildings, and other places of public gatherings for entertainment or educational purposes. I'd interpret that to mean that open carry would be fine on the campus proper, including parking lots and the rest of campus outside of the stated restricted areas. The final order mentions nothing of this and simply states the regulation as is to be constitutional.
 

Article1section23

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Virginiaplanter


Can you give us an update on where this is at? I've looked at your site...can you give us dates on when you will know more?

Thanks
 

Virginiaplanter

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marshaul

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Tomahawk wrote:
Glock27Bill wrote:
Virginiaplanter wrote:
The judge cited Justice Scalia's remark's from Heller that schools and "sensitive" places etc. can be ruled off-limits also citing to Nordyke v. King, 563 F 3d. 439, 459 (9th Cir. 2009).
Guess we all knew THAT one would perpetually bite us in our collective butts.

Scalia, like most conservatives, is weak on RKABA and other individual rights. You just knew that would come back to bite us, and will continue to do so.

I hold that my "compelling individual interest" trumps the "compelling state interest", but I don't have a court system to back me up.
+1
 

nova

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marshaul wrote:
Tomahawk wrote:
Glock27Bill wrote:
Virginiaplanter wrote:
The judge cited Justice Scalia's remark's from Heller that schools and "sensitive" places etc. can be ruled off-limits also citing to Nordyke v. King, 563 F 3d. 439, 459 (9th Cir. 2009).
Guess we all knew THAT one would perpetually bite us in our collective butts.

Scalia, like most conservatives, is weak on RKABA and other individual rights. You just knew that would come back to bite us, and will continue to do so.

I hold that my "compelling individual interest" trumps the "compelling state interest", but I don't have a court system to back me up.
+1
GMU is not a school (which is defined as K-12) and is not a sensitive place (since there are no metal detectors or security checkpoints), no matter how much they'd like to be, or keep calling themselves such.
 

hunter45

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Woohoo, Obama is coming to GMU on Friday!

OBAMA! OBAMA! OBAMA!

-------

All students, faculty and staff are invited to attend an event on Friday, March 19, at the Patriot Center, to hear President Barack Obama discuss health care reform. The event will take place at 11:30 a.m. and the doors will open at 9:00 a.m. It is scheduled to last approximately one hour. This event is open to the public and no tickets are required. However, you are encouraged to RSVP at http://guest.cvent.com/EVENTS/Info/Invitation.aspx?e=8785bf95-98cc-46e5-ae87-d5203ba6b8cd.

Cameras are allowed, however no signs or banners are permitted. Attendees should limit personal items and not bring bags, backpacks or purses. Traffic will be very heavy before and after President Obama speaks and parking will be at a premium. Please allow yourself adequate time to get to campus. The Mason home page(www.gmu.edu) will provide pertinent information related to campus parking.

It is an honor to host the president, and I hope your schedules will permit you to welcome him again to George Mason University.

With regards,

Alan G. Merten
 

nova

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hunter45 wrote:
Woohoo, Obama is coming to GMU on Friday!

OBAMA! OBAMA! OBAMA!

-------

All students, faculty and staff are invited to attend an event on Friday, March 19, at the Patriot Center, to hear President Barack Obama discuss health care reform. The event will take place at 11:30 a.m. and the doors will open at 9:00 a.m. It is scheduled to last approximately one hour. This event is open to the public and no tickets are required. However, you are encouraged to RSVP at http://guest.cvent.com/EVENTS/Info/Invitation.aspx?e=8785bf95-98cc-46e5-ae87-d5203ba6b8cd.

Cameras are allowed, however no signs or banners are permitted. Attendees should limit personal items and not bring bags, backpacks or purses. Traffic will be very heavy before and after President Obama speaks and parking will be at a premium. Please allow yourself adequate time to get to campus. The Mason home page(http://www.gmu.edu) will provide pertinent information related to campus parking.

It is an honor to host the president, and I hope your schedules will permit you to welcome him again to George Mason University.

With regards,

Alan G. Merten
There goes more of the parking WE PAID FOR... :cuss::cuss:
 

marshaul

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nova wrote:
GMU is not a school (which is defined as K-12) and is not a sensitive place (since there are no metal detectors or security checkpoints), no matter how much they'd like to be, or keep calling themselves such.
I agree with your reasoning, but so far the court has yet to define "sensitive place".

We'll just see if the Statist 9 agree with the reasoning that an area must be cordoned off and have extra security measures to be defined as "sensitive".

My guess is that they won't agree (hence the use of the word "sensitive" instead of simply "secure").

The simple fact is that most schools don't have metal detectors, aren't cordoned and aren't secure. The government is very unlikely to bring this expense upon itself.

They're much more likely to conclude that schools are "sensitive" by sheer virtue of children being mandatorily present, and not because they're secure, which most aren't.

Heller said that the current prohibitions are already OK because schools ARE sensitive, not because they would be sensitive if they were secure. It's going to be read in such a way that validates current grade school prohibitions. Since grade schools aren't required to have metal detectors in order to ban guns, nor will anywhere else.

The question whether universities are sensitive, I suspect, will revolve more around the voluntary nature of attendance and the adult status of the attendees than security measures.

While I agree your position makes sense, that's a far cry from it being legal precedent or standard. I suspect it will go quite another direction, in the end, although Gura makes a good argument.

I hate to be the pessimist. :?
 

nova

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marshaul wrote:
nova wrote:
GMU is not a school (which is defined as K-12) and is not a sensitive place (since there are no metal detectors or security checkpoints), no matter how much they'd like to be, or keep calling themselves such.
I agree with your reasoning, but so far the court has yet to define "sensitive place".

We'll just see if the Statist 9 agree with the reasoning that an area must be cordoned off and have extra security measures to be defined as "sensitive".

My guess is that they won't agree (hence the use of the word "sensitive" instead of simply "secure").

The simple fact is that most schools don't have metal detectors, aren't cordoned and aren't secure. The government is very unlikely to bring this expense upon itself.

They're much more likely to conclude that schools are "sensitive" by sheer virtue of children being mandatorily present, and not because they're secure, which most aren't.

Heller said that the current prohibitions are already OK because schools ARE sensitive, not because they would be sensitive if they were secure. It's going to be read in such a way that validates current grade school prohibitions. Since grade schools aren't required to have metal detectors in order to ban guns, nor will anywhere else.

The question whether universities are sensitive, I suspect, will revolve more around the voluntary nature of attendance and the adult status of the attendees than security measures.

While I agree your position makes sense, that's a far cry from it being legal precedent or standard. I suspect it will go quite another direction, in the end, although Gura makes a good argument.

I hate to be the pessimist. :?
I don't think I can disagree with that.
 

hunter45

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A student said that his car that was parked in the Rappahanack Deck was searched by Secret Service this morning. "Gunpowder sniffing dogs" alerted the SS to gunpowder residue that they detected in his car. He had no guns or ammunition in his vehicle. I'm surprised they didn't detect anything on my car.
 

nova

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hunter45 wrote:
A student said that his car that was parked in the Rappahanack Deck was searched by Secret Service this morning. "Gunpowder sniffing dogs" alerted the SS to gunpowder residue that they detected in his car. He had no guns or ammunition in his vehicle. I'm surprised they didn't detect anything on my car.
Interesting. No law or GMU policy prohibits ammunition anywhere on campus, only firearms and other defined weapons...
 

hunter45

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nova wrote:
hunter45 wrote:
A student said that his car that was parked in the Rappahanack Deck was searched by Secret Service this morning. "Gunpowder sniffing dogs" alerted the SS to gunpowder residue that they detected in his car. He had no guns or ammunition in his vehicle. I'm surprised they didn't detect anything on my car.
Interesting. No law or GMU policy prohibits ammunition anywhere on campus, only firearms and other defined weapons...

Right, but this was the Secret Service doing stuff in preparation for Obama's visit tomorrow. I'm guessing they can pretty much do whatever they want since it is for the safety of the President?

Is it true that the public is allowed to park in Sandy Creek tomorrow? If that's the case, I don't think I will even bother going to class in the morning...I'll have nowhere to park.
 

nova

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Well, according to Robert Gibbs, just because the president is in the area doesn't mean people lose their right to carry firearms.

In practice, that's a load of BS though.

I'm no stranger to the sweep the Secret Service does before the president arrives to a planned location.

After realizing I usually park in the general portion of the Rapp. deck for my evening class, I decided to skip tonight's. Meaning I'll be at the pre-meetup loc. before the VCDL meeting tonight.

My class tomorrow starts after Obama's supposed to leave GMU so I should be fine with that class.

I don't want to risk having some pieces of brass in my truck that would cause a hit on my vehicle....or my backpack since I use it as a range bag when traveling to SW VA.
 

Grapeshot

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nova wrote:
Well, according to Robert Gibbs, just because the president is in the area doesn't mean people lose their right to carry firearms.

In practice, that's a load of BS though.

Stay outside the security perimeter - you do know where that is, right? :?

Yata hey
 

nova

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Grapeshot wrote:
nova wrote:
Well, according to Robert Gibbs, just because the president is in the area doesn't mean people lose their right to carry firearms.

In practice, that's a load of BS though.

Stay outside the security perimeter - you do know where that is, right? :?

Yata hey
Sometimes they set the security perimeter in a public place...a place I have every right to be any other day of the week.
 
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