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That's cool. What you're missing is also explained in the ruling. There is a difference between administrative rules in regards to firearms and policies in regards to administration of property. Per that court ruling the first ones they can't do as they're preempted, but the second ones they can do, and that's what they've done this time.

So, how is a challenge likely to be initiated, by someone being arrested for trespass and appealing their conviction, or by someone being kicked off the campus and challenging the policy in civil court? Or is there another avenue?
 
With all due respects......BS. They did exactly the same thing just worded it different. The law says they don't have the authority. I'll take the law.

Good luck!

Since you believe the law supports your position, would you personally enter a campus building or attend a sporting event with a concealed weapon? What would you do if your weapon was noticed and you were asked to leave?
 
So, how is a challenge likely to be initiated, by someone being arrested for trespass and appealing their conviction, or by someone being kicked off the campus and challenging the policy in civil court? Or is there another avenue?

Being kicked off campus alone doesn't mean anything, I believe. It's really the proof of damages what would be the grounds for a lawsuit, and to prove damages one doesn't really need to be kicked off. It's like take any person who has received death threats, or had been attacked (ideally on campus), and carries for protection on campus. It was said by a lawyer on this forum that even students have a choice of not going there, but after thinking about it a bit I decline such theory. On one hand you have a person who legitimately is scared of his life and/or health, on the other hand you have things like scholarship (only at that school) or employment (unemployed wife, 2 children, mortgage). Once you put it in perspective, damages are pretty obvious. Otherwise you know, somebody puts a gun to your head, and tells you to do something - yes, you have a choice... do it, or die :D
 
So, how is a challenge likely to be initiated, by someone being arrested for trespass and appealing their conviction, or by someone being kicked off the campus and challenging the policy in civil court? Or is there another avenue?

First my question....can you be arrested for trespassing without cause to be asked to leave? Who will arrest me? Not the police because there is no cause. They can't just tell you to leave without a lawful reason.

Second based on what I see you assume two things. 1) There are grounds to arrest me. 2) I will be convicted. I don't think they can and if I'm correct number 2 can't happen.

Third...let me answer before you ask.....yes I would take the chance.

Lastly, Other avenues.......actually there are probably several. I think we the CHL holders should pool money and initiate a lawsuit. It'll never happen but that would be one way. Imagine if half the CHL holder donated $5 each and initiated a class action suit.


Since you believe the law supports your position, would you personally enter a campus building or attend a sporting event with a concealed weapon? What would you do if your weapon was noticed and you were asked to leave ?

Yes, and I'd ask why and either make them arrest me (or not)!
 

Your problem is that you refuse to accept the fact the University can pass any policy of conduct they like, and violation of such policy will be the reason they can ask you to leave. Until you understand that, your circular argument "no reason to be kicked out - no tresspass - no arrest - CHL preemption" won't take you anywhere.
 
The first person to test this whether wittingly or unwittingly, will either leave or face the possibility of being arrested. It may be an unlawful arrest, but the burden is going to fall on the "offender."

Your new name will be "the defendant."

Now you have two lawyers to pay. One, the best criminal defense attorney you can find. Mine charges $425 an hour. Those charges aren't payable by the school even if you win. The plaintiff will be the the DA - the "people". There is some chance that the DA will believe the "policy" unlawful and decline to prosecute. Don't plan on it, but it could happen.

If you lose you have two appeals. Appellate Court and State Supreme Court. If your attorney also thinks it's a 2A issue he can have it changed to Federal Court, but I think this is clearly a state issue for the state courts.

Two, you hire the best civil attorney you can find and sue for false arrest, etc. If you can prove "malice," you "might" get your attorney's fees if you win. Otherwise you pay, win or lose. ("Malice" in the legal sense means they knew that what they were doing was wrong, but intentionally did it anyway with the intention of causing you harm. It doesn't exactly mean malice in the common, colloquial sense as in "meanness.")

Now, if anyone here has an extra hundred grand wasting away that he'd like to spend on a test case, and risk losing all including his right to own firearms and a big chunk of his money and maybe some jail time, go for it.

I think you have a good chance of winning. :)
 
I think a lot of people here know that I spent about $100 grand defending myself against bogus BS and counter suing in civil court. It took me 13 months and a bunch of money just to get my CHL back afterwards due to some knot headed thinking.

I don't recommend that anyone deliberately put himself in that position. Stay away from courts and lawyers if at all possible.
 
I attended SOU in the 90's and this new policy is pretty much the same one they had back then. My buddy kept all his guns in the trunk of his car because they weren't allowed in the dorms. I'm not sure on concealed carry since most of us didn't really know about cc at that time (plus we weren't 21 anyway).
 

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