Western Oregon University CHL Holder Suspended

[OregonJohnny]

I searched and did not find any thread about this story, so I thought I'd post it. A CHL holding student at Western Oregon University was suspended for possesing a concealed weapon on campus. But it sounds like he's got a lot of good support. Here is the story:

Oregon student's suspension renews gun debate
07:11 AM PST on Friday, February 13, 2009
Associated Press
MONMOUTH, Ore. (AP) -- An ex-Marine with a concealed weapons permit has been suspended from Western Oregon University for the rest of the spring term because he carried a handgun on campus last month.

Jeffrey Maxwell, 30, of Lebanon was arrested Jan. 28 for possessing a firearm in a public building, but the charge was later dropped by the Polk County district attorney. But Maxwell's suspension from school, which requires him to write a paper and take a mental health evaluation before he can return, has a gun-rights lobbying organization and at least two Republican state legislators rallying to his defense.

"I put in a lot of work and effort already into this semester, and now it's nothing, it's worth nothing," Maxwell, a junior studying psychology, told the Statesman Journal newspaper.

Maxwell is appealing the disciplinary decision and has the support of the lobbying group Oregon Firearms Federation. The federation's executive director, Kevin Starrett, said the group wants Maxwell reinstated, given an apology and compensated. Otherwise, the organization would help Maxwell seek civil damages.

"He was behaving lawfully and bothering no one," Starrett said.

Western Oregon University officials declined comment on Maxwell, citing student privacy. A spokesperson with the Monmouth school said the no-weapons rule is drawn from policies established by the Oregon University System.

House Republican Leader Bruce Hanna of Roseburg and State Rep. Kim Thatcher, R-Keizer, wrote a letter to Oregon University System Chancellor George Pernsteiner in defense of Maxwell, asking higher education officials to remove administrative rules that conflict with the rights of legal gun owners.

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

Monmouth Police Chief Darrell Tallan said police officers cited Maxwell last month after consulting with the Polk County District Attorney's Office.

District Attorney Stan Butterfield acknowledged that his office initially advised the police department to issue the citation, but decided not to prosecute after reviewing the police reports and doing further legal research.

Tallan said Maxwell's case is the first he can recall in which a person on campus had a concealed handgun license.

"It does need to be reviewed and looked at, as how to apply it in university settings," he said.

 

[.455_Hunter]

Unfortunately, he is still subject to institutional academic punishment (like cheating on a test) even though no criminal activity occurred.

 

[OregonJohnny]

I agree, it was in violation of Oregon University System's regulations, but was not illegal, much like cheating on a test. However, if you were caught cheating, would they have you arrested? No. But he was arrested (even though charges were later dropped) for doing something against school policy, not against the law.

As a business owner, I believe it should be the right of a private company or organization to make any rules and regulations they want to, but Western Oregon University is a public institution. Lame liberal laws made for the "protection" of students and faculty. It's just too bad. I wonder how his CCW was outed...

 

[rainbowbob]

I wonder how his CCW was outed...

I do too. That's the part of the story we're not getting. He should be able to carry without any interference if he is doing it right.

 

[jakk280rem]

heard a rumor in a gun shop last night he had a small folding knife attached to the inside of his pocket wich drew the attention of campus security. somehow through the resulting contact it was discovered he was carrying.

 

[longdayjake]

dont ever consent to a search. if they want to search you just say no and they will ask you to leave. I would just leave.

 

[Guitarslinger46]

I have some more info. I am signed up for e-mail alerts with the Oregon Firearms Federation. (A pro gun lobby organization that keeps track of Oregon Legislature laws and proceedings). Here is some info about that case on their page.

http://oregonfirearms.org/alertspage/02.10.09 alert.html

I also sent a rather pointed email to Patrick Moser, the school's "tribunal prosecutor". I'm a bit steamed by the treatment this marine vet received over this. If anybody else would like to vent and send some emails to this "kid" prosecutor, his email address is noted below. Lately, I do all I can to further the efforts of the pro-gun cause.

[email protected]

 

[kmaxwell82]

I understand both sides to the story and am not here to dispute them. I am here to stick up for the character of Jeff Maxwell. As a disabled marine vet, he served 7 years with many life experiences. On the day in question he was doing nothing but being the role model citizen by attending classes and studying. According to the campus security they received an email about a shady person on campus the night prior and received a complaint of a man seen with a clip of a pocket knife on his pants. He had not discussed anything about carrying a knife or derringer which mind you is a small gun with the intent for self defense. He was approached for a pocket knife by campus security and it turned into a big ordeal. Jeff had to ask officers to be professional and move to another room due to being in student commons area. He was charged for a crime of being a responsible person. Some students commented on being there who weren't for the 15 minutes of lame fame. Jeff is a great guy and I will support my brother. ~Kim

 

[Guitarslinger46]

I still say Jeff was grossly mistreated. The whole tribunal he went through sounds like a complete sham from the description of the proceedings I read on the OFF site I listed in post #8. His so-called punishment is nothing short of demeaning to say the least.

 

[OregonJohnny]

Kim - It sounds like your brother is a great guy who served his country well and deserves our support. Hopefully he is able to return to the university to complete his education.

Guitarslinger46 - Thank you for that link in your previous post, we should all check it out and lend our support to Mr. Maxwell any way we can. In doing so, remember that prosecutors that work for the government (DAs), organizations, or universities are strictly practicing law and protecting the rights and enforcing the regulations of their employers. Personal vendettas or agendas don't come into play. Even if a prosecuting attorney doesn't necessarily believe in the specific rules and/or regulations or charges that their employer is bringing upon a defendant, it's their job to prosecute. I have a family member who is a criminal prosecutor for the government, and people often mistake her job for her personal beliefs. Be careful what you assume...

 

[SilverFire]

Guitarslinger46 - Thank you for that link in your previous post, we should all check it out and lend our support to Mr. Maxwell any way we can. In doing so, remember that prosecutors that work for the government (DAs), organizations, or universities are strictly practicing law and protecting the rights and enforcing the regulations of their employers. Personal vendettas or agendas don't come into play. Even if a prosecuting attorney doesn't necessarily believe in the specific rules and/or regulations or charges that their employer is bringing upon a defendant, it's their job to prosecute. I have a family member who is a criminal prosecutor for the government, and people often mistake her job for her personal beliefs. Be careful what you assume...

If you read the link, he wasn't prosecuted by anyone with training or knowledge of the law, but a "student tribunal."

They do not have an in-depth knowledge of the law or proper conduct of a trial, they're just playing at it.

I personally see that entire proceeding as an insult to proper legal procedure and the justice system.

 

[Albatross]

This is relatively common actually (permit holders being caught with firearms on campus in Oregon). This has occurred a number of times on just my campus.

For instance last term (two or three months ago), three permit holders were searched on campus by the campus police. Two were not student and were released with trespassing warnings but one was a student. His ordeal was similar to Maxwell's except there wasn't any trial or legal charges (he was charged with disorderly conduct by the local police department). He was initially expelled after an emergency conduct hearing, but the decision was reversed upon his legal threats (suing for violating his civil rights/the UO breaking state law) subject to his attendance of some anger management and alcohol abuse classes.

More than a year before that, a student (also a marine) was running for president of the student body and during a debate his firearm was exposed. Dozens of students saw it, probably 100s must have heard about it and nothing became of it, he continued to carry and graduated a year later.

I also have a organic chemistry lab partner (who I hardly know from Adam) who has a permit and makes it pretty clear/obvious he carries concealed to basically anyone who will listen.

These are just instances that I heard of/am aware of it. There are some 20k students on this campus.

 

[DoubleTapDrew]

...decided not to prosecute after reviewing the police reports and doing further legal research.

Translation: He broke no laws so there is nothing to prosecute him for. I heard he still hasn't gotten his gun back from the Monmoth PD and may be expelled from the University. The OFF is footing his legal bill and I hope justice prevails.
I dislike lawsuits but some of these universities need to have the absolute #&$% sued out of them until they get the message it's NOT against the law and these aren't the type of people who commit school shootings. If anything they are the type of people who will stop them.

 

[kmaxwell82]

Done wrong

Jeff did get his gun back yesterday and was not returned in good standing. It is no longer safe to use for whoever handled it (police) obviously... A) didn't know what they were doing with it or B) was done on purpose. Thanks for all the support!!!

 

[Guitarslinger46]

Oregon Johnny, I wasn't assuming anything. The student tribunal was a joke if you read the OFF link.

That figures that those boneheads took it upon themselves to render Jeff's weapon useless. Just more insult to injury.

 

[koginam]

As a donor of Western Oregon University I have made my concerns known to not only to mr Moser but to several of the authors of the schools fundraisers letters. I left no doubt until this is settled satisfactory their will be no check in the mail.
I hope he does sue the pants off them, that is the only thing they will understand.

 

[higene]

This is just a shot across the bow. In Oregon, school rules can not supersede state law. It is illegal for the school to ban legal CCW carry. Oregon is morally and financially bankrupt.
Higene

 

[kmaxwell82]

events

I am planning some events in rallying support for Jeff. Please contact me at [email protected] if your are interested in coming. Thanks for the support!!!

 

[luzyfuerza]

In Utah, public schools and Universities tried to outlaw concealed carry on campus by administrative fiat but were prevented from doing so by the state legislature. Concealed carry by permit holders who visit campus, including students, is absolutely legal. I'm sure that the University of Utah, Weber State University, Utah State University, Southern Utah University, and other state institutions of higher learning would be more than happy to admit and teach Jeffery Maxwell, whether he chooses to attend with his legally-concealed firearm or not.