U of O and concealed carry in Oregon


PDA






Stickjockey
January 25, 2004, 12:19 AM
Anyone in Oregon heard about this? I was listening to Lars Larsen on Friday (or was it Bill O'Reilly? One of 'em, anyway) and one of the topics was a case in Eugene concerning someone who was challenging U/O's "no concealed carry on campus" regulation on grounds that it conflicts with Oregon's preemption law. Any more information?

If you enjoyed reading about "U of O and concealed carry in Oregon" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Gray Peterson
January 25, 2004, 12:28 AM
I have a little more information because I spoke with Kevin Starrett about the issue and have been watching it closely because of my future student status with the Oregon University System.

Basically, a U of O Graduate Student by the name of Stubbs is challenging the no CCW ban on college campuses. His contention is that the college campuses have no ability to outright ban firearms possession on campus. This is given the recent legal reviews by TriMet (a public transit district in the Portland Metro area), as well as a determination by the Attorney General's office that the no handguns while hunting regulation interferred with the strong preemption statute passed by the Legislature.

If the Oregon Fish and Wildlife Department cannot regulate handguns and the possession thereof, neither can the Oregon University System. Of course, the OUS claims that their rules are exempt from the state legislature's rules because they act In Loco Parentis for the students, as well as the general prohibition against carrying of a firearm in a "public building", which CHL holders are specifically exempt from. The University systems throughout the United States are some of the most fanatically anti-gun bureaucrats I have ever seen, and Oregon is no exception. Expect them to appeal, appeal, and appeal until all appeals are exhausted, and then violate their court orders if they are ordered to allow CHL holders to carry.

Stickjockey
January 25, 2004, 12:34 AM
Thanks, Lonnie. Any links on the web?

Gray Peterson
January 25, 2004, 12:56 AM
I believe I had a link to the thread that I created. If some thread merging can be done, that would be great, mods.

Carlos
January 25, 2004, 11:12 AM
Hey, what's up with Tri-Met?

Gray Peterson
January 25, 2004, 10:50 PM
Hey, what's up with Tri-Met?

Well, here's what happened:

In late 2002, Oregon Firearms Federation and several pro-gun lobbyists and riders of TriMet (including myself) put TriMet on notice that their regulation on firearms, TriMet Code Section 28.15(H) violated state law on preemption. Basically, the code section prohibited anyone but law enforcement from possessing a weapon or firearm on district property, and punishment can include exclusion (which for me would mean the end of my job prospects in Portland area, however few there are left).

As a result, the Legal Department of TriMet, headed up by John Acosta, determined that it TriMet had no authority. However, they kept the regulation, adding the provision "Except as provided by law". Unfortunately TriMet would probably still take a very dim view of open carry (allowed by state statute statewide with a CHL, just like in Virginia), and still throw you out for "disturbing the peace" or some such BS. Unfortunately, unless I have a car, I'm not in a position to challenge the rule, and the sheriff out here may freak and revoke my permit or some crap like that, even if it were illegal to do so.

I'm trying to fight the Tualatin Hills Park and Recreation District on a similar rule, but I have little to no standing because I don't reside in their district....yet. Hillsboro Park's and Recreation I can't find any information on.

There are these little fiefdoms around Portland who think they can bully carry permit holders. Unfortunately we do not have an organization like VCDL here (a very strong organization), and would could really wipe out the anti's in the Legislature if that were to happen.

HankB
January 25, 2004, 10:54 PM
Of course, the OUS claims that their rules are exempt from the state legislature's rules because they act In Loco Parentis for the students, I don't know Oregon law . . . can minors obtain CCW licenses? That's the only scenario I can see in which action In Loco Parentis may be reasonably claimed. (And if they're claiming that . . . then THEY better be coughing up the tuition!)

Gray Peterson
January 25, 2004, 11:00 PM
Well, they aren't directly saying "In Loco Parentis". But that excuse has been used.

And no, people under 21 CANNOT get a carry permit.

If you enjoyed reading about "U of O and concealed carry in Oregon" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!