Jeffrey Maxwell Case

RangerEric · Dec 16, 2009

Howdy all -

Was swapping PM's with another member just now and the Jeffrey Maxwell case came up. (For those of you unfamiliar with it, https://www.oregonfirearms.org/)

It came up that neither of us knew what ended up happening in that case, and I was wondering if any of y'all do?

Jim Jacobe, a NRA certified CHL instructor in Salem, has quite a rant in his class when asked about the legality of carrying at WOU or other universities in Oregon, making no bones about the fact that WOU was pretty much put in their place by (someone, can't remember who he said, Legislature, Supreme Court, somebody??), and that the WOU President was told by this higher authority in no uncertain terms that he does not have the power to restrict concealed carry on campus as it is a publicly funded institution, and that carrying on campus is completely in the clear now. Jim even states he has held CHL classes on campus. However, the written WOU policy still states weapons are not permitted on campus. I've had many interactions with Jim, very knowledgeable and a stand up guy, and he does not strike me as the type to say something as a fact that he does not know is a fact. Nonetheless, it would be reassuring to see in writing somewhere the outcome of the Maxwell case, see if some type of case law has been established, and most of all to know how campus security is instructed to respond if someone were to out a fellow student who happens to be a CHL holder exercising his 2nd Amendment rights on campus.

Thoughts, anyone?

NK777 · Dec 17, 2009

Thats messed up! They are still screwing with the guy. What madness, at this point I think I'd be sueing for a monetary sum and continueing to fight in court for his rights.

TonsOfOregonBrass · Dec 17, 2009

i haven't heard if there was a ruling on this. But i would love to hear what has come of it

fingolfen · Dec 17, 2009

OFF had a brief about how they were taking the case forward a few months ago. I'll have to go dig it up.

RangerEric · Dec 17, 2009

I went ahead and send an email to OFF asking what ever happened in this case. I'll post any response I get!

RangerEric · Dec 17, 2009

Just got the following response to my inquiry from OFF:

"Eric,

Jim is a friend and knowledgeable guy, but the issue is not resolved
by any means.

Jim has done a class on their campus and I have carried there on
numerous occasions with the knowledge of the school and not been
challenged, but the school still maintains that they can prohibit it

Several legislators told the college they were breaking the law, but
that is still only their opinion. We have filed a suit against the
university system to challenge their rule.

I received the opening brief from our lawyers a few days ago. I do
not yet have it in electronic format but should soon. If you want a
copy I'll send it to you.

Basically we are in the early stages of the suit. Based on our
experience with the Medford teacher case, this could take two years.

Maxwell has been told he can return to school. I believe he would
prefer to pursue some other option.

I think there is no way the University System can defend a rule that
prohibits the public from carrying on campus. I think we'll win that
one. But they may very well win the right to ban carry by students
and staff.

In any event, one thing is clear. Carrying on campus is NOT against
the law. They may get away with disciplining staff and students but
they cannot legally do anything to others on campus."

So, now we know what there is to know.