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Discussion in 'Legal & Political Archive' started by SheepDog223, Feb 10, 2009.

  1. SheepDog223

    SheepDog223 Salem Well-Known Member

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    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 call monmouth police at 503-838-1109 and ask them about the exclusions for ors 166.370. Act fast please!
     
  2. fingolfen

    fingolfen Oregon Member

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    Thanks for posting the update - I'd seen the OFF update, but not the more recent two...

    Edit - can you fix the links - a lot of superfluous spaces in them...
     
  3. swoop

    swoop Milwaukie, Oregon Well-Known Member

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    I'm going to make a couple of calls! :(
     
  4. wakejoe

    wakejoe Beaverton, OR Well-Known Member

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    So, with a CHL, you can't carry inside of schools?

    From a law standpoint, not the school standpoint. Is it legal or Illegal?
     
  5. caliber bob

    caliber bob Yamhill County, OR. Member

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    My understanding is that you can carry anywhere with your CHL unless specified on the building. Maybe not though.
     
  6. Abe Froman

    Abe Froman West of Salem Active Member

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    Is anyone going? I drive right by there on my way home. I might check it out.
     
  7. SheepDog223

    SheepDog223 Salem Well-Known Member

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    OFF is taking over his legal bills and taking care of things. You can carry in a school. This guy did everything right so far as I can tell. Also check out katu.com for a press world view. It's actually very good.
     
  8. Karma

    Karma the woods in Oregon Active Member

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    Phone calls made! I am waiting for calls back from both. I would ask everyone to take a few minutes out of their day and make a call or two. We need to make our voices heard. I haven't seen any provision in the law for school policy to overide state law!
     
  9. Mutoman

    Mutoman North Bend Active Member

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    I wonder what the legal distinction is between a private citizen and a student. From what I understand, state agencies can regulate employees on a different set of rules. I wonder what rules apply to students.
     
  10. Karma

    Karma the woods in Oregon Active Member

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    Yep. They possibly could expel him for it, I'm not sure. Under no circumstances should he have been arrested though! They crossed the line there.

    Has anyone else called the police department? They didn't seem to know what to tell me!
     
  11. fingolfen

    fingolfen Oregon Member

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    So I've blogged this one:

    http://fingolfen.blogspot.com/2009/02/more-on-wou-concealed-carry-case.html

    ... and written a letter to the University President... letters to State reps come next.

    Here's what I wrote:

    Dear Dr. Minahan ,

    I have been reading the recent news coming out of Western Oregon University with no small amount of dismay. I refer specifically to the arrest and pending disciplinary action against Jeffrey L. Maxwell. Both Mr. Maxwell’s arrest and University policy regarding firearms are in direct violation of subsection (d) of ORS 166.370 which creates a statutory exemption from the strictures of ORS 166.370 for holders of a concealed handgun license. A similar issue was raised regarding CHL holders and the Portland International Airport which resulted in PDX reversing its policy. I therefore urge you not to take any disciplinary action against Mr. Maxwell and amend university policy to bring it into accordance with state law.

    Beyond the legal considerations reflected in this recent incident, the policy itself speaks to an environment hostile to both the Second Amendment of the U.S. Constitution and the rights of Oregonians as affirmed by Section 27 of the Oregon State Constitution. Unfortunately this environment appears to be all too common among institutions of higher learning. I encourage you to take Western Oregon University in a different direction. Most universities to a fine job of respecting the Civil Rights of minorities and teaching the virtues of the First Amendment, but in the interest of a well rounded education, they should also be taught that those inalienable rights and responsibilities include “…the right of the people to keep and bear arms…”

    Sincerely,

    Dr. Fingolfen, Ph.D.


    (Yes - Mike is a Ph.D.)
     
  12. Bend

    Bend Central OR Member

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    Here is a good link to the school journal article. For knowledge and some entertainment, read all the comments.
     
  13. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    I really don't understand. I know some restaurants and businesses have signs posted that no guns allowed CHL or not. I personally stop going there if I see it. But the thing that pisses me off is that you can't carry on public transportation (which is where you need it the most), in public buildings, banks, schools, work, etc. So maybe a shorter list would be where we CAN carry. I'm sure Portland being a liberal as a city could be is one of the worst. But in a place where there's no help for miles we need to be able to have these rights to protect ourselves.
    I personally have been planning on moving to the midwest, where the Sheriff tells the public to arm themselves (actually said that on the news) because of cut backs. It won't be a moment too soon. I love this area more than anywhere in the country but the liberals and the hippies drive me crazy. I think we should start taking away their right to free speech and see how they react.

    If people are going to fight for any rights, they shoudl fight for all their rights.
    **** pretty soon were going to have to where a sign on our backs that says we are baby killers. Thanks Portland.

    We can't carry guns, but we can kiss boys.
     
  14. pr787lv

    pr787lv somewhere in the NW Member

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    +1 with Karma.

    It is legal, but a student would be breaking a rule and risk expulsion. If a non-student is found carrying, can be asked to leave; if he/she refuses, then, it is trespassing and that's a different story.

    The arrest? Unwarranted. Ignorance, sensationalization, who knows? I hope OFF can take this one to create positive momentum towards legally CC in high education institutions.

    There is at least one college/unversity in OR where it is ok to conceal carry, just can't remember which.
     
  15. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    I think a true liberal would let you do both if ya wanted.

    On the letter front, that was a beautiful composition, a joy to read.
     
  16. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    The exemption specifically names schools as OK to carry if the person has a CHL. So if a school has a rule like this, then the school is in violation of law, [subsection (d) of ORS 166.370] not the student. If I read the law correctly as cited in the letter above.
     
  17. pr787lv

    pr787lv somewhere in the NW Member

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    Which is why this is a great opportunity to set the record straight, just like with the Portland Ports Authority. If we do not challenge the liberal bureaucrats, they too will legislate their own little laws for their own little fiefdom.
     
  18. pr787lv

    pr787lv somewhere in the NW Member

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    Shouldn't we consider colleting a donation from NWFA members to help finance his legal fees? That would be another bif message from OR gun owners!
     
  19. NWMoss

    NWMoss Lost, permanently... Member

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    I'm not familiar with the law that forbids you from carrying, if you have a CHL, on Public Transportation, in public buildings, banks, schools, work etc.

    Please direct me to this law.

    Here is what I found in regards to (Portland) making this sort of law:

    ORS 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

    (a) A law enforcement officer in the performance of official duty.

    (b) A member of the military in the performance of official duty.

    (c) A person licensed to carry a concealed handgun.

    Has this been somehow superseded?

    Please let us know!
     
  20. billc

    billc Albany Member

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