Oregon case re: colleges

thanks for picking it up.. Let me also add that this student is a Marine Corp vet, and that Oregon law preempts the college from overriding it. This student suffered a huge embarrassing monkey trial that rivals Dean Wormer (Animal house)..

http://oregonfirearms.org/alertspage/02.10.09%20alert.html

here is more coverage

http://media.www.westernoregonjournal.com/media/storage/paper986/news/2009/02/04/News/MidMorning.Arrest.Startles.Students-3616492.shtml?refsource=collegeheadlines

"Oregon law preempts the college from overriding it."

Not quite. It is my understanding that while CC on campus here in Oregon is legal, it doesn't prevent the campus administration for expelling you if you happen to be a student.

In other words, they can't prevent non-students from CC'ing on campus, but they can issue academic penalties to students who attempt to do so and are caught.

Great system, isn't it? :/

that is the argument under appeal in the Medford schools vs Katz, if the employee agreement overrides the state law. I would like to have someone explain to me how a "policy" that overrides the CHL law is different that say one on the use of drinking fountains based on race?

how does Policy / employee agreements trump Law in a public school?

Here is a letter that has been sent to several in the higher education system. They have the same policy. You can see that they have not been following their own policy for years. Might just be because of PC. But that is only a guess. ;>)

Sorry for being longish. ORS= Oregon Revised Statutes, OAR = Oregon Administrative Rules

I have read with interest the news reports regarding the case of Jeff Maxwell at Western Oregon University. I understand that Mr. Maxwell was in lawful possession of a firearm, but was arrested nonetheless. This is terribly concerning to me.

As I know you are aware, the Oregon Constitution, Article 1, Section 27, provides:

Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]

This is a clear and unequivocal right to bear arms for self defense. I understand that Mr. Maxwell is in lawful possession of an Oregon Concealed Handgun License and was then and is now authorized to possess a firearm on in a public building under ORS 166.370(3)(d).

In a March 10, 2004 letter to Representative Wayne Krieger, when he brought up the subject, the State of Oregon Legislative Counsel Committee concluded: “We interpret ORS 166.170 to mean that district school boards, Boards of Education of Community college districts and the State Board of Higher Education do not have authority to prohibit a person from carrying a firearm on the campuses of the schools, colleges and institutions for which they are responsible.” I am sure Oregon boards saw the letter.

Also, the Oregon Board of Higher Education’s firearms OAR and the University’s firearms policy (below) clearly recognize the carry of firearms in accordance with the law. I have capitalized the word “law” for affect.

OAR 580-022-0045; Proscribed Conduct: “Procedures to impose applicable sanctions may be instituted against any person engaging in any of the following proscribed conduct:

(3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally owned or controlled property, unless expressly authorized by LAW, Board, or institutional rules …;”

“Pursuant to OAR 580-022-0045, the Western Oregon University Campus Public Safety Department shall prohibit the possession of firearms, ammunition, explosives, dangerous chemicals, fireworks or related dangerous items on campus except where exclusively authorized by … LAW, or in the course of work (e.g., police, law enforcement services).”

Further, I understand that Mr. Maxwell has been severely disciplined by Western Oregon University for exercising his Oregon Constitutional right in a manner that fully complied with applicable law and University policy. On the facts presented, this is a clear violation of Mr. Maxwell’s civil rights and actionable under 42 USC Section 1983.

I am terribly concerned about the conduct of Western Oregon University in this matter. I urge you to take corrective action immediately and take steps to ensure it does not happen again. This case is no different than any of the terrible raced based civil rights violations that occurred regularly in the last century. We, as a people, cannot afford to selectively protect constitutional rights. We must strive to preserve every one of them, even if doing so is distasteful or politically risky.