Carry in CT Colleges is legal?

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N003k

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I follow the Students for Concealed Carry facebook, and just saw this link saying charges were dropped against a student that had a gun on a CT community college campus when it was determined the law doesnt apply to 'post secondary institutions."

The way he got caught aside, and the bad press from it, anyone have anymore information on this case? Maybe the official ruling?

I'm also now looking forward to carrying at my school in CT that isn't posted either.

News Article: http://www.rep-am.com/articles/2011/08/28/news/local/580912.txt
 
That letter is 5 years old.That may be a factor or it may not.But
this is the way the CT Statute reads :

The accepted interpretation is that that particular verbiage does NOT permit carry by permit holders.... There are a couple of permit holders arrested each year on that charge.

I'm also now looking forward to carrying at my school in CT that isn't posted either.
29-28e does not have a posting requirement. If they communicate that they do not permit carry (such as in a handbook, for example) you could still be liable for violation. Though some people question about the criminal enforcibility of that section, conviction could result in an (up to) 3 year prison term if convicted (and fines).

There are also potential suitability/ revocation issues that could come up as well, even if you are not charged with anything.
 
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Similar to Alaska, except we have constitutional carry,
the local SCCC did a open carry on campus, and they were issued trespass warnings and given ACADEMIC Violations, which I never did figure out how it all turned as, cause I believe that they just dropped it, if they went forward, they run into preemption (by the state...) so they are VERY careful not to give anybody ground to challenge. So you face an "Student Honor Code Violation..."
 
I know I would still face a risk carrying as far as academic violations, but, as I carry IWB and concealed, and don't intend on leaving it laying around, along with the fact that I was never given a handbook, nor have I seen any postings indicating weapons aren't allowed on ANY entrance to my school, of which there are a LOT, I think I'm comfortable taking the small risk that there is.

Never did really feel safe given the security guards are unarmed, and not a one under 50, and most not under 200 pounds either. No offense to them, but, I just don't trust them to protect me should anything happen.
 
So you are saying that all these gun information sites:

www.handgunlaw.us
www.opencarry.org
www.usacarry.com

are all giving out the wrong CT information?

Exactly what are you suggesting that I am accusing them of being wrong about?

If it is the suggestion that carry in a place prohibited (29-28d) is only trespassing- then yes, I believe that they very well may be wrong. (NOTE: I'm not saying that it wouldn't be trespassing as well).

Sec. 29-37. Penalties. (a) Any person violating any provision of section 29-28 or 29-31 shall be fined not more than five hundred dollars or imprisoned not more than three years or both, and any pistol or revolver found in the possession of any person in violation of any of said provisions shall be forfeited.

(I redacted b and c. ).

If it is my assertion that there doesn't need to be a sign, then I believe that I again, am right, that there doesn't need to be a sign. 29-28e does not specify and specific required means of communication. Thus an entry in a hanbook outlining the code of conduct while on premisis is, in my opinion, sufficient means of making it known that the property owner does not want pistols or revolvers carried on the property.

I can't think of any college or university in the State of Connecticut that doesn't prohibit the possession of firearms on campus.


Additionally...

Conduct, not just criminal charges or convictions, can be grounds for a revocation under CT law. Revocations are at the discretion of the state police, usually at the prompting of local authorities. It's easily fathomable that if someone were to be caught carrying on a campus (that prohibits carry) that their permit would be revoked (if the police were involved). Think about what a sensation it is whenever somebody, anywhere in the country is caught possessing a gun on a prohibiting campus....it is a behavior that is frowned upon and is conduct that is not the product of mature judgement. Could an individual appeal the revocation? Sure. Would they win? Who knows....
 
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mp510 said:
If it is the suggestion that carry in a place prohibited (29-28d) is only trespassing- then yes, I believe that they very well may be wrong. (NOTE: I'm not saying that it wouldn't be trespassing as well).

Except for the fact that a college campus is not a statutory prohibited place...
 
And they probably won't press anything on the LEGAL side (not saying academic)
Because if you win, there is now a legal precedent for carry that makes it a uphill battle for them try to get back to where they are now.
 
It's the same way in Washington state as well. Colleges are not prohibited places according to statutes (RCW - Revised Code of Washington). However, colleges can administratively ban firearms. The state colleges in Washington do so via the Washington Administrative Code (WAC). The key word being administrative. No criminal prosecution relating to firearms possession can occur on a college in Washington, because the prohibition is administrative, not statutory.

It appears to be the same in CT. If the college asks you to leave, and you don't, you can prosecuted for trespassing. I would assume if you are convicted of trespassing in CT, while also armed...THEN you could lose your weapons license. But simply for violating an administrative rule... I highly doubt it.
 
Except for the fact that a college campus is not a statutory prohibited place...
I never said they were. I know of no college, public or private, in the state of Connecticut that does not have a published rule against carrying on campus. Thus, per 29-28e, carrying there would be prohibited.

So, even though post-secondary institutions are not specifically catagorically prohibited by statute, it is (in effect) felonious criminal activity to carry there if the instution in question has an administrative policy against carrying on the campus.
 
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Looking up the trespass laws for CT showed that " (a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person;"

In addition, I think when you say 29-28(d) you mean 29-28(e) as (d) refers to who can have access to the records of who has a permit. (e) reads: "The issuance of any permit to carry a pistol or revolver does not thereby authorize the possession or carrying of a pistol or revolver in any premises where the possession or carrying of a pistol or revolver is otherwise prohibited by law or is prohibited by the person who owns or exercises control over such premises."

So, first, the handbook notification does NOT meet the level required for Criminal Trespass (http://www.cga.ct.gov/2005/pub/Chap952.htm#Sec53a-107.htm Trespass laws for CT)

As far as 29-28(e), as I said, I wasn't issued a handbook, and attempts to access ones through the schools website yield only 1 sentence: "The Student Handbook is being revised. The new handbook will be online by Spring 2010." In addition to that, had I actually attended the complete new student orientation a year ago, rather than leaving immediatly after finding out that it was NOT mandatory, and recieved a handbook, at that point it gets to the level where only notified staff, and students are aware that guns are prohibited on campus. Should anyone else go there, that did NOT have a handbook, say a parent, or a potential student, would they still be in violation of 29-28(e)? I don't see how one can be charged successfully with a crime they had no reasonable way to know they were committing in a situation like this.

I'm not trying to be argumentative, but it really does sound like there would have to be some reasonable form of public notification for 29-28(e) to be violated. As the entire public is not issued nor required to read a handbook, how does one know for sure that the controller of the property prohibits the carry of firearms?

One more question, is the controller of a community college considered to be the dean? Or the state? If it's the state, then does a policy meet the level, or would only a law be considered prohibiting carry there?

(http://www.cga.ct.gov/2005/pub/Chap529.htm#Sec29-28.htm Section 29-28 of CT Law)

Editted to add: I see you actually corrected all the 29-28(d)'s to be correct while I was typing this, so feel free to ignore that bit.
 
mp510 said:
I never said they were. I know of no college, public or private, in the state of Connecticut that does not have a published rule against carrying on campus. Thus, per 29-28e, carrying there would be prohibited.

So, even though post-secondary institutions are not specifically catagorically prohibited by statute, it is (in effect) felonious criminal activity to carry there if the instution in question has an administrative policy against carrying on the campus.

Once again you are completely confusing property rights with firearms issues. All that 29-28(e) is stating is that a permit to carry a firearm does not trump property rights. That's it. Period. It makes nothing a criminal act by itself. What that statute does is allow a person to be trespassed if they refuse to leave because the property owner does not want you to carry a firearm there. 29-28(e) does NOT criminalize any action. It protects property owners' rights to trespass a person for remaining on the property after being asked to leave because they are carrying a firearm.
 
Once again you are completely confusing property rights with firearms issues. All that 29-28(e) is stating is that a permit to carry a firearm does not trump property rights. That's it. Period. It makes nothing a criminal act by itself. What that statute does is allow a person to be trespassed if they refuse to leave because the property owner does not want you to carry a firearm there. 29-28(e) does NOT criminalize any action. It protects property owners' rights to trespass a person for remaining on the property after being asked to leave because they are carrying a firearm.

The state is prosecuting 29-28(e) as a criminal violation. Today, William Dong, who was involved in the incident last year at UNH plead guilty to 2 counts of 29-28(e), an e-felony.
 
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