(OR) Oregon University System Sued over Anti-Gun Policy

[Gray Peterson]

Oregonian Report on the Lawsuit

This lawsuit is supported by Oregon Firearms Federation's legal arm, which I believe is it's educational foundation.

As to whether the US District Court of Oregon is a proper venue, I'm not sure. The preemption law in Oregon is very strong, and the local university system here is fanatically anti-gun. Excerpt from the story:

The University of Oregon's student code of conduct, based on administrative rules passed by the state board, prohibits the possession, use or threatened use of firearms on university property or at university-sponsored activities, except as authorized by law or university regulations.

"Possessing a concealed weapons permit does not constitute such authorization," according to the policy. The restriction does not include legal possession of a firearm in university-owned family housing off-campus."

I have a big interest in this because I'm about to go to Portland State University. Most of the private colleges here have prohibitions and can kick you out if you refuse to comply. However, the public universities here should have state law applied to them. I can fight the university in court, but not a private one.

 

[Gray Peterson]

I would have thought there were more Oregonians interested in this?

 

[Boats]

I am interested in it, but even as an attorney, I do not have any of the details as to what the lawsuit, which I understood, was only going to be filed yesterday, seeks from the University system.

As to filing it in Federal Court, I really have no idea why they filed it there without seeing the complaint. I have a couple of half-baked theories, but none of them, other than trying to get the suit heard by the more conservative than typical Oregon jurist USDC Judge Michael Hogan, in Eugene, makes much sense for a violation of the state's pre-emption law. It smells as if it is something of a publicity stunt. Stubbs' attorney was only admitted to the bar in 2001. That is not to say that the attorney is inexperienced, as he could be an admittee from another jurisdiction, but I hope to hell this isn't another half-assed effort that does more harm than good.

Stay tuned is all I can say.

 

[Brigrat]

When will we start fighting for our rights in California is the question!!! I wish our laws were as good as Oregon's

 

[justice4all]

When Colorado passed preemption last year, the University of Colorado, where I was a law student, seemed to think that it was unaffected by the law, because it did not specifically say "and this preemption also applies to the University of Colorado Board of Regents." It even got the CO AG to issue an opinion that the univeristy's ban on even permit-holders carrying was still valid. I happened to disagree. I thought about asking for a declaratory judgment, but I was in my last year, and didn't see a huge benefit. Now that I'm done and have my diploma in hand, there's nothing the school can do to me, but for a while there I was concerned that if I did have to save someone's a$$ that I'd be facing expulsion.

I'm glad to see someone in Oregon is pressing the issue there, but I don't see why this is in Federal court.

 

[Gray Peterson]

I'm kinda wondering the same thing too. I talked to Kevin Starrett about the situation, and he says that he trusts the legal people more than himself on the issue because he's just a lobbyist.

I did point out to him that most likely the feds will dismiss the case outright as a purely state issue and throw it to the state court system in Oregon, just like the federal jurists in Utah did.

I'm going to call the lawyer and ask him if he'd be willing to fax me the pleadings he filed with the court, as long as it's a public filing and not work product. Granted, attorney's don't really talk to the public, but Filing this in federal court is a mistake, I think, unless the lawyer has something up his sleeve that he's not telling us yet. Maybe a "Well, the state courts can't be trusted since the state law is entirely clear" sort of deal.

 

[Gray Peterson]

Update...

Oregon Daily Emerald's News on the lawsuit

I posted something there, but it needs to be approved by a moderator. There's only one pro-gun comment on there, so I don't see them "Not approving" it. Even so, I will post the comment here:

When I was growing up, my father taught me that all men and women should respect the law as long as it's not morally wrong or unconstitutional. Bureaucrats especially, because they have a tendency of abusing their power for their own whims whenever possible. Portland's abuses it's citizens and such caused the state legislature to pass laws forbidding them to keeping "files" on people. Yet 25 years later, they were caught with their pants down violating state law, and all they get is a slap on the wrist for it.

I'm singularly tired of public education bureaucrats violating the law. The Oregon Firearms Preemption Law clearly states:


166.170 State preemption.

(1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

(2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]
-------

The law gives the Oregon University System no authority to actually regulate firearms in this fashion. The Legislature gave no wiggle room to any public agency to be able to punish students and faculty for carrying a firearm with a CHL (carrying in a university building without a CHL is a crime per ORS 166.370).

In fact, TriMet recently had to rescind it's rule against handguns carriers with CHL's, and the Oregon Department of Fish and Wildlife determined that the above statute named gave the ODFW no authority to regulate handguns carried for personal protection, and removed their rules against carrying of loaded firearms while hunting game (besides your actual hunting weapon).

The Oregon University System has no right to punish students and faculty for carrying a self defense handgun. Hopefully the courts will agree and hold the OUS in an injunction. Doesn't prevent the OUS employees from screaming "blood will run red in the halls of the campus."

In reality, Oregon has the FEWEST restrictions on permit holders of all the states that issue concealed handgun licenses. Even Vermont, which does not issue permits and generally allows people to carry as long as they aren't generally prohibited by law, doesn't allow carry in K-12 schools. But our Oregon permit holders had to go through a training class (which can cost anywhere from $20 to $200) and a local and Oregon State Police background
check, pay $65, and give up some privacy.

Now, Professors and other bureaucrats, why should you fear these people? Why do you fear people like me? Why would we as permit holders, some of the most LAW ABIDING in the nation, ever consider doing bad things to university professors and students, throw away their money, their clean record, and indeed, their very lives, to do bad things to you? Are you that paranoid?

Self Defense is not about death, it's about life. The ability for me to know that when I attend a university, and then go home to my partner, who's disabled and needs care that no one else can provide, is more important than your fears which are completely unfounded and without merit.

 

[Mulliga]

The University of Florida is a public university, and firearms are banned here. Back in the old days, we used to have a rifle team, but those days are gone .

 

[voilsb]

There are a bunch of us interested in it, but we mainly get our fix over at http://oregonconcealedcarry.com

 

[voilsb]

Originally Posted By Lonnie Wilson:
In reality, Oregon has the FEWEST restrictions on permit holders of all the states that issue concealed handgun licenses.

Quite true. We can carry in schools, bars, churches, police stations, etc. Oregon law only prohibits the legal concealed carry in court facilities. The rest of our restrictions are federal.

In fact, Oregon law allows CHL holders to open carry in most places where guns are no-go (like Portland, schools, etc ... not that doing so would be wise, though).

 

[Gray Peterson]

GUNWEEK asked me to do some commentary on the issue of self defense handguns in universities (Gunweek being the publication of CCRKBA and SAF). It should be out around the beginning of March or March 10th, I believe.

 

[clubsoda22]

I go to a private university, so they can make policies all they want, but when i get my CWP, it's their job to catch me.