Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

student was charged with "possession of a firearm in a public building

Discussion in 'Legal & Political Archive' started by edhill, Feb 6, 2009.

  1. edhill

    edhill salem, OR New Member

    Messages:
    23
    Likes Received:
    0
    http://oregonfirearms.org/alertspage/02.06.09 ALERT.html


    Legislators Join OFF In Defense Of Lawful Gun Owners.

    Representatives Kim Thatcher and Bruce Hanna joined OFF and the Oregon Firearms Educational Foundation today in defense of a college student (and Marine Corp veteran) who was falsely arrested at Western Oregon University last week.

    The student was charged with "possession of a firearm in a public building." The college has barred him from classes and the state has charged him with the same crime. The student was involved in no unlawful activities nor was he engaged in any actions that would discredit a responsible gun owner. He was just in the wrong place at the wrong time.

    There is one small problem. The student has a valid Oregon concealed handgun license. He is statutorily exempt from the prohibitions on gun possession in public buildings.

    Apparently neither the college nor the Monmouth Police are acquainted with the law.

    The student contacted us last week and we agreed to defend him against these charges, brought by people who seem incapable of reading.

    The student is going to face a "hearing" at the college early next week and OFF and our attorney will be there. Our foundation has promised to defend the student and provide whatever legal assistance he requires.

    This is an important case. Our foundation filed a lawsuit against the Oregon University System several years ago for the same attack on gun rights, but the court found that since the plaintiff had not been arrested or expelled, they would not consider the case.

    This case is different. The WOU student was singled out and arrested in spite of the fact that he had committed no crime.

    He has been trespassed off the school property and had his academic career damaged for a "crime " that does not exist. We are committed to defending him.

    It is ironic that at a time when when universities are begging for armed guards, some are also demanding that trained gun owners be disarmed.
     
  2. Weathermaker

    Weathermaker Washington Member

    Messages:
    198
    Likes Received:
    1
    Another shameful example of living in America today.
     
  3. Bend

    Bend Central OR Member

    Messages:
    283
    Likes Received:
    2
    "State law forbids carrying guns into a police station."

    Not in OR if you have a CHL!
     
  4. ZeroRing

    ZeroRing 26th District, WA Active Member

    Messages:
    2,548
    Likes Received:
    18
    From the info presented here it sounds like the gentleman had a level head during the whole ordeal which should put him in good standing with the judge once it comes before the court.

    Kudos to those providing the legal services to him. :thumbup:

    These are just the sort of cases that need to be pursued all the way to the end and not "settled" out of court.
     
  5. kirkcdl

    kirkcdl Roseburg,ORYGUN Member

    Messages:
    187
    Likes Received:
    3
    It is about time the OUCCW issue got dealt with,though.It would seem the OU PD,even though they are state LEO,think they are above simply following "case" law and can invent their own interpretations of written law.Kinda ironic at a school with a law school on campus...Maybe it's a hidden curricular activity for the future lawyers??
     
  6. fingolfen

    fingolfen Oregon Member

    Messages:
    749
    Likes Received:
    3
  7. SheepDog223

    SheepDog223 Salem Well-Known Member

    Messages:
    1,120
    Likes Received:
    193
    I wonder what would happen if every gun owner in oregon called monmouth P.D. and asked them with disbelief if this were really true and how absurd of an action it was? Maybe next time they'll think twice as to whom they are here to serve and protect.


    Hmmm. the phone number for monmouth P.D. is (503) 838-1109 just in case you were wondering.
     
  8. kirkcdl

    kirkcdl Roseburg,ORYGUN Member

    Messages:
    187
    Likes Received:
    3
    Why Monmouth?
     
  9. SheepDog223

    SheepDog223 Salem Well-Known Member

    Messages:
    1,120
    Likes Received:
    193
    The post at the top of this page had taken place at WOU (Western Oregon state University) in Monmouth Oregon
     
  10. kirkcdl

    kirkcdl Roseburg,ORYGUN Member

    Messages:
    187
    Likes Received:
    3
    Post #2 took place in Eugene,if my knowledge of Eugene is correct.Kincaid and 14th is on or next to the U of O campus...
     
  11. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

    Messages:
    2,643
    Likes Received:
    2,031
    Looks like two different cases posted in the same thread? One at a PD and the other at a school?

    Oh as kirkcdl posted.

    Anyway how ironic (or a new word, Idionic, stupid and ironic) that the guy at the PD thought there was no carrying into a police station, so obeying the law, locks his weapon in his trunk, then retrieves it on the way out of there and that's what caused his troubles. Obeying the law.
     
    Last edited: Feb 7, 2009
  12. kirkcdl

    kirkcdl Roseburg,ORYGUN Member

    Messages:
    187
    Likes Received:
    3
    edhill is referencing 2 separate cases in his 2 posts...Kinda scary that the Oregon University system thinks it's time to make up a few laws as THEY think it ought to be...I wonder how much Ginny Burdick has her claws in this??
     
  13. clearconscience

    clearconscience Vancouver, WA Well-Known Member

    Messages:
    5,586
    Likes Received:
    7,125
    This is the exact case that needs to be brought into the public eye. In a day of high crime and misunderstanding of laws that should have been put in place to give us the right to protect ourselves were so often blindsided by simply using the very rights were given by being American citizens. I think in a day when Police are often not there to prtect us we should have a clear view of what we can and cannot do to protect ourselves. And why are the Police around the US so scared of the very people that could back them up or save their own lives one day. We don't carry because were against the Police but because we believe in what there doing and want to help.
    We need people like OFF and Politicians to help us reserve the right to help our communities.

    So Thank You.
     
  14. Adanac00

    Adanac00 Chilliwack, BC, Canada New Member

    Messages:
    6
    Likes Received:
    0
    I hope that this is cleared up

    as the second post story to me seemed that the guy acted very respectful of the cops and didn carry into the Police station!!

    will be watching to see what happens!!

    Adanac00
     
  15. CharlesAFerg

    CharlesAFerg Beaverton Active Member

    Messages:
    1,409
    Likes Received:
    24
    Interesting, how acting "respectfully" towards the police somehow involves them being insulted by you carrying your weapon..?
    The more I think about it, the less sense it makes.

    For example...
    They won't give you a break from a ticket out of courtesy if they could arrest you. (There would be absolutely no hesitation) - so why should you have to give them this "courtesy?"
    With that said, it doesn't mean you have to be 'mean' about it, either..
     
  16. Ryan

    Ryan Beaverton Or Member

    Messages:
    93
    Likes Received:
    0
    Correct me if I am wrong, but isn't WOU were all the cops go to train? I mean of all places, they should know the darn rules. :huh:
     
  17. SheepDog223

    SheepDog223 Salem Well-Known Member

    Messages:
    1,120
    Likes Received:
    193
    Ex-Marine Jeffrey Maxwell has been illegally arrested and harassed by Western Oregon
    University, for legally carrying a concealed weapon on the campus.

    http://oregonfirearms.org/alertspage...9%20ALERT.html

    The University is trying to sensationalize this:

    http://www.westernoregonjournal.com/...2-cf55de1cebed

    and is expected to attempt to expel Maxwell from school during a quasi-judicial proceeding
    this evening, Tuesday, February 10, at 6PM in Room 205 of the Hamersly Library on the campus
    of Western Oregon University in Monmouth.


    Here is what the school newspaper had to say:

    Last Wednesday morning at 11:16 a.m., Campus Public Safety (CPS) and Monmouth Police identified, detained and arrested Western student Jeffrey Maxwell in the downstairs student area of Werner University Center (WUC) for violation of ORS 166.370, Possession of a Firearm in a Public Building.
    CPS had sent an e-mail on Tuesday, Jan. 27, alerting the campus community about an individual who had been seen loitering around the pool area and the residence halls.
    Wednesday morning, CPS received a call reporting a person matching the description given in the e-mail who was carrying a knife on campus. Because weapons were involved, Assitant Director of CPS and CPS Officer Mike Hanson called Monmouth Police Department (MPD) for back-up. Sergeant Kim Dorn, Officer Matthew Olafson and a recruit officer from MPD, along with Hutchinson and Hanson, were unable to locate the individual upon an initial search of the campus.
    However, shortly before 11 a.m., CPS received another call about the individual and the MPD officers returned to campus.
    Maxwell, who was sitting at one of the study tables across from the Service and Career Learning Center, was approached from behind by Joe Hutchinson from Campus Public Safety and MPD officers. Hutchinson asked Maxwell if he had any weapons concealed on his person.
    On first response, Maxwell answered he had a knife. Hutchinson then put Maxwell's hands above his head. The second time he was asked, Maxwell said he had a gun.
    After the weapons were removed, officers took him into the Calapooia Room. A few minutes later, he was escorted into one of two police cars parked on Church Street outside of WUC.
    Responding to why they did not evacuate WUC, Hutchinson said CPS did not know what weapons were involved and did not want to alert the suspect by a sudden flood of students leaving the building.
    "If we had known he had a gun, the scenario would have been totally different," Hutchinson said.
    Maxwell was initially approached because of his resemblance to the individual in CPS's e-mail, although Hutchinson said CPS has not confirmed whether or not Maxwell is the same person described in the e-mail. Hutchinson said there have been no sightings of the person since the arrest last Wednesday.
    Dorn said although Maxwell did have a loaded firearm on his person, he did not use it in a threatening way and was cooperative with the police.
    Maxwell had a valid permit for possessing concealed weapons; however, the permit does not allow people to bring weapons inside public schools, private schools or courthouses.
    "Even if you have a concealed weapons permit, you can't have a weapon concealed on your person if you're going to be in any buildings on campus." Dorn said. "In this instance, he just didn't know."
    Hutchinson said Western firearm and munition policies are administrative and correspond to Oregon University System policies, which are not necessarily the same as state regulations.
    "We go one step further and say, look, no weapons are allowed on campus, period,"Hutchinson said.
    Hutchinson said he asked Maxwell why he had a gun on campus, to which Maxwell replied, "I was just scared after Virginia tech. I was just really worried about my safety."
    Several students witnessed the arrest, including senior Alica Tresidder, who said she initially thought the event was a drill.
    "I thought they were practicing," she said about officers involved. "They had it under control. I didn't feel threatened at all."
    Sophomore Carrie Miller said she thought the suspect was being arrested for drug possession, "not such serious things as a loaded gun."
    "I had a test I was down here [WUC] studying for. How am I supposed to concentrate for the next hour?" she questioned shortly after the arrest took place.
    Senior Alecia St. Germaine said her first reaction to the situation was fear.
    "My stomach started turning and I wanted to leave," she said.
    In addition, knowing an armed person could just walk onto campus makes her feel a little uneasy.
    "I have night class," she said. "Usually, I'm fine walking to my car. Now I'm going to second guess that."



    Mapquest link:

    http://www.mapquest.com/maps?name=We...ity+Libr&city= Monmouth&state=OR&address=345+Monmouth+Ave+N&zipco de=97361&country=US&latitude= 44.85073&longitude=-123.237333&geocode=ADDRESS&id=12434360

    Please forward this as widely as possible to fellow gun owners and ask them to show up. It's one of those times that we need to make our presence known! At very least call the university security at 503-838-8481, tell them what your calling about and they will transfer you to a nice lady who you can ask... Why are you planning a meeting to punish a guy who didn't break the law, and what kind of school are you who can't read law? And maybe call monmouth police at 503-838-1109 and ask them about the exclusions for ors 166.370. Act fast please!
     
  18. CharlesAFerg

    CharlesAFerg Beaverton Active Member

    Messages:
    1,409
    Likes Received:
    24
    They moved the academy to Salem just a few years ago.
    Still...
    ...Yea, they are quick to forget, aren't they. :paranoid:

    Quite honestly, I'm less concerned about the charges brought on by the police, as I am about the school expelling him. The formal charges WILL be dropped, regardless of the bull**** legal fees he will have to spend, but if the school gets away with that, I'll be very upset, and even more motivated to do more to help change that.

    Overall, I hope this court case makes a dent in college carry restrictions, because I may potentially follow suit shortly after.
     
  19. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

    Messages:
    2,643
    Likes Received:
    2,031
    What happened to the Invisible Fence? This is the dumbest thing I've read all day.

    AnywaY in HB 3400 exceptions it looks like:
    (d) { + Except as otherwise provided in subsection (5) of this
    section, + } a person who is licensed under ORS 166.291 and
    166.292 to carry a concealed handgun.

    Was this passed?
     
  20. CharlesAFerg

    CharlesAFerg Beaverton Active Member

    Messages:
    1,409
    Likes Received:
    24
    So, that's kind of the point, isn't it? I mean, until she can read people's minds and tell their intentions, there will always be the possibility of armed people walking on campus. She generalized that all armed people are malicious, and this isn't the case.
    Well, not the case until she MAKES it the case.

    Minority Report, please.

    I think that the point should be stressed that the only way to be safe is to have the law abiding citizens carry, so if some crazy with a firearm does come in there with the intention of murdering people, they will be shot by one of their intended victims.

    As terrible as it would be, it would be excellent PR if a heavily armed shooter entered a school and a CCW holder neutralized them before the criminal does any harm, or any more harm that may have already been committed.
    ...Yet, this is definitely a worst case scenario, but unfortunately this situation will probably make the most difference in terms of gaining support for the pro CCW movement, if it ever does happen.