schools think they can ignore the courts and senate.

[duran21]

my question is, is a private or public school?

If its public the answer is simple, they can not restrict your right to bear arms...

If the school is private then they have every right to keep weapons off their property, you cant be charged with carrying a firearm on their property but they can kick you out of their school. Just like you have the right to call the cops for some one trespassing on your property.

 

[MP Sgt]

my question is, is a private or public school?

If its public the answer is simple, they can not restrict your right to bear arms...

If the school is private then they have every right to keep weapons off their property, you cant be charged with carrying a firearm on their property but they can kick you out of their school. Just like you have the right to call the cops for some one trespassing on your property.

Right, a private school is allowed to bar weapons. It is their land, buildings, ect. Hell, they can tell me to put a happy face sticker on my forehead on their property or leave if they wanted. Their land, their right. However, public land is ... well, just that. I retain all rights. Or should at least. (Federal buildings are under the impression they are exempt from public law).

It does help that the Oregon senate & courts are on our side.

It boils down to this. OFF needs to move on this, fast. I, and no one I know, will be barred out basic rights because some non-elect school administrator has their own agenda.

 

[branson4020]

my question is, is a private or public school?

If its public the answer is simple, they can not restrict your right to bear arms...

If the school is private then they have every right to keep weapons off their property, you cant be charged with carrying a firearm on their property but they can kick you out of their school. Just like you have the right to call the cops for some one trespassing on your property.

Of course the University is a public institution, and the campuses are a public resource, but it doesn't matter. The legislature has given the Board of Trustees broad power to control and regulate access to all campus property. The recent appellate court ruling recognized that fact. The Board can, in fact, restrict the carry of firearms just like a private property owner. If you don't like it, talk to your state representative.

 

[sprice37]

I want a definition for "weapon" I am pretty sure my metal pencil is a weapon If i intended it to be.

 

[Redcap]

I want a definition for "weapon" I am pretty sure my metal pencil is a weapon If i intended it to be.

Just about anything can be turned into a weapon if so desired.

 

[boarder4life81]

Currently I one school district that using the ORS 164.245 (Criminal Tresspass in the second degree) as a shield to hide behind. I tried to find an ORS that stated a school or district could/couldn't impose this and found nothing definetive either way. Basically I took it as they are saying the trespassing law supercedes the law stating I can CC on public school grounds. It baffles me how much effort school districts will/are going through to keep legal carriers from exercising their right.
<broken link removed>

 

[MP Sgt]

I am curious how this can even apply to a CHL holder. I really have not looked too much into 4J, but rather was talking about the OUS and going against what the state senate and the state courts ruled. I hope the OFF does something about this.

 

[osterr1999]

The Eugene policy on weapons is not enforceable. Neither is the the OUS policy. They can make any policy they want to. They can make a policy that says all students must wear red shirts everyday, but they could never enforce that. They have no legal ground to enforce this weapons policy either. OFF is going to wait on this. Kevin, who runs OFF, said he is not sure if another lawsuit will do anything since OUS is hell bent on ignoring the law and the state court ruling anyway. I don't intend to stop carrying because there is nothing that they can do to me. OUS policies do not apply to citizens only to students.

 

[fd15k]

I am curious how this can even apply to a CHL holder. I really have not looked too much into 4J, but rather was talking about the OUS and going against what the state senate and the state courts ruled. I hope the OFF does something about this.

Actually it had been discussed on this board. They are managing the property and are free to establish any use rules for given properties. CHL, state preemption, and other things have nothing to do with it (though of course it's a workaround they're using). As the poster above said they could require red shirts, except he is wrong that they don't have enforcement mechanisms. Any violation of any policy is grounds for removal from the property. Refuse and you're trespassing. Disagree with the policy ? You're free to challenge it in court.

 

[osterr1999]

By that logic you could be tresspassed off any public property that has a no weapons policy simply for carrying, which you can't.

 

[fd15k]

By that logic you could be tresspassed off any public property that has a no weapons policy simply for carrying, which you can't.

You indeed can be trespassed from any public property for use policy violations. It's just that there are no other governing bodies of public properties to enact a policy in regards to firearms. I will paste the text of the law in a moment.

164.245¹
Criminal trespass in the second degree

(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

164.205¹
Definitions for ORS 164.205 to 164.270
...
(3) "Enter or remain unlawfully" means:
...
(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;
(c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or
...
(5) "Person in charge" means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. "Person in charge" includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

(6) "Premises" includes any building and any real property, whether privately or publicly owned. [1971 c.743 §135; 1983 c.740 §33; 1999 c.1040 §10; 2003 c.444 §1]

And this is the thread where we had an extensive discussion :

http://www.northwestfirearms.com/le...-oregon-university-titled-weapons-policy.html

and one more

http://www.northwestfirearms.com/legal-political/83712-email-oregon-state-university-morning.html

 

[boarder4life81]

You indeed can be trespassed from any public property for use policy violations. It's just that there are no other governing bodies of public properties to enact a policy in regards to firearms. I will paste the text of the law in a moment.

I believe the case that supports your statement is ,State v. Marbet, 32 Or App 67, 573 P2d 736 (1978).

 

[fd15k]

In this case it is conceded the hearings officer was a person in charge. As the presiding officer of the hearing he is given specific authority by the Public Utility Commissioner to expel persons from the hearing. The Commissioner, pursuant to ORS 756.055, delegated to the hearings officers specific authority to preside over hearings and maintain order. Public Utility Commissioner's Order No. 76-193. This order provides in part:

"* * * In the event that participants or counsel engage in disrespectful, disorderly or contumacious language or conduct in connection with any hearing, * * * such conduct shall be ground for exclusion of any person from such hearing and for summary suspension for the duration of the hearing by the presiding officer."

Defendant does not challenge the authority expressed in the above order of delegation. He contests the order to leave the hearing on the basis that a previous ruling of the hearings officer denying him the right to cross-examine a witness or otherwise participate in the proceedings was unlawful. He chose to show his disagreement with this ruling by disrupting the hearing. His disruptive behavior was the precipitating cause of the order for him to leave. The ruling denying participation in 740*740 a representative capacity did not expel him from the premises. Whether that ruling was lawful does not effect the legality of the direction to leave the hearing room and consequently the legal basis of the ruling was irrelevant in the criminal trial.

- Google Scholar

 

[DEADTIME]

The schools are filled with the truest of the true Marxist believers, they see their war as religious not merely a political view. If you have a view that differs with there's you are not merely miss guided or uneducated you are a heathen to them, an unclean savage. Your rights mean nothing since you are a sub human and obviously a caveman.

I have had to deal with academia since I retired from uncle sugars tank legion and it never ceases to amaze me how crazed and belligerent many college educators are.

 

[deen_ad]

Oregon and WA both have the same rules as reguards what the Board of Regents may or may not do. One clause says they can what they want for the "welfare and safety" of the students, and the second part is the total preemption of all firearms regulations by the state.

The only difference between OR and WA is the OR College system has been challanged in court and has been told they cannot regulate firearms. No-one has tried that here in WA, but I personally feel confident the outcome in court would be the same as OR.

Can the Board of Regents pass a "policy rule"? sure they can, but they cannot enforce it. BTW: The way to fix this is to replace your governor and have the new governor appoint a new board of Regents. Making Profs and students sitting ducks is not promoting campus safety.

Since WA law allows me to carry on college campuses I did when I was enrolled and still do if I have business there, like enrolling the grandkids or buying books for him.
In fact I carried on OR campuses too, when I was enrolled there.

 

[fd15k]

The schools are filled with the truest of the true Marxist believers, they see their war as religious not merely a political view. If you have a view that differs with there's you are not merely miss guided or uneducated you are a heathen to them, an unclean savage. Your rights mean nothing since you are a sub human and obviously a caveman.

I have had to deal with academia since I retired from uncle sugars tank legion and it never ceases to amaze me how crazed and belligerent many college educators are.

Usually I would ask what are you smoking, but since it's only a trait of educated liberals to smoke stuff, I don't know how to respond.

 

[DEADTIME]

Usually I would ask what are you smoking, but since it's only a trait of educated liberals to smoke stuff, I don't how to respond.

Smoking weed is currently illegal though it seems to be a law liberals love to break (selective eh?) I don't wish to lose the right to weapons by being caught smoking weed. On a side note I love your posts, you show more wit and humor than most liberals I've met. I love seeing when you have responded to me because I know it will at least make sense and probably be funny.

This doesn't mean I want to take long hot showers with ya but you can share my tank/fox hole/fighting position any time.

 

[Redcap]

Usually I would ask what are you smoking, but since it's only a trait of educated liberals to smoke stuff, I don't know how to respond.

That is false. There are plenty of uneducated rural folks that hit the bong too.

 

[MarkAd]

That is false. There are plenty of uneducated rural folks that hit the bong too.

And they all live in Lewis County....

 

[boarder4life81]

And they all live in Lewis County....

At least it isn't the meth that goes down off Garrison near the Wally world. I remember buying a digital camcorder to catch the deals going on at the tennis courts across the street and sleeping the the rifle because of the bad deals that would go down.