examiner.com - Virginia Attorney General says UVA cannot ban gun carry

[majstoll]

examiner.com - Virginia Attorney General says UVA cannot ban gun carry

http://www.examiner.com/gun-rights-in-washington-dc/mike-stollenwerk

SNIP

On the heels of his recent opinion holding that "self-defense" is "good and sufficient reason" to carry a gun to church, Virginia Attorney General Ken Cuccinelli now says that state colleges like the University of Virginia cannot ban the carriage of concealed handguns by proper license holders. The opinion was written in response to a question by Senator Emmett Hanger (R-Mount Solon).

. . .

According to OpenCarry.org's campus carry map, most states are just like Virginia and do not generally prohibit by law gun carry on college campuses by visitors or students.
. . .

 

[AethelstanAegen]

It was my understanding that this has always been the case that the University cannot prevent a citizen from carrying on campus, however they could expel/fire a student/employee for doing so...was I incorrect in this understanding?

 

[hirundo82]

The previous AG's opinion on the subject was that universities could promulgate regulations prohibiting possession of firearms by students, faculty, and staff and punish them for violations of this rule same as for any other rule. However, there was no criminal violation for possession (thanks to Virginia's excellent preemption statute) and university policies do not apply to those who are not affiliated with the university.

FWIW, I'm a native Virginian and have carried on several university campuses when visiting family in the Commonwealth.

 

[hirundo82]

On further reading, the opinion hinges on the fact that UVA prohibits firearms by policy rather than regulation, and they could ban firearms if they went through the process to publish a regulation in the Virginia Administrative Code (as VCU and GMU have done). So it's a step forward, but not the absolute bar to prohibiting firearms unless approved by the General Assembly that it should be.

Requiring a regulation does hold it to a higher standard of review, and VCDL tends to be very effective in fighting these kinds of battles.

 

[AethelstanAegen]

Edit: Decided to try a PM instead.

 

[Tweaker]

You are welcome, dudes! I got arrested for trespass for this and pursued this doggedly for the last 10 months.

This was requested at my request by The Honorable VA State Senator Emmett Hanger (R) VA -24

 

[AethelstanAegen]

I'm not sure how much I see this opinion changing much though...I imagine that if I as a student were to carry at UVA, there would still be a big s**t storm and I'd find my expelled and then in a lengthy legal battle for readmittance, don't you think? Though I am curious if I were to bring the opinion to the notice of the powers that be at UVA, if I might be able to get begrudding permission to carry, circumventing the legal trouble. What do you guys think? I've always been very annoyed that I'm not allowed to CC on UVA grounds despite having a valid VA CCW.

 

[hirundo82]

You are welcome, dudes! I got arrested for trespass for this and pursued this doggedly for the last 10 months.

Thanks for pursuing this. Out of curiosity, when you were arrested were you affiliated with UVA?

This was requested at my request by The Honorable VA State Senator Emmett Hanger (R) VA -24

Sen. Hanger seems to be a good guy, and definitely is on our side. I send him a letter thanking him for sponsoring the restaurant carry legislation last session--I grew up in his district and my parents still live there--and got a personal response from him.

 

[Tweaker]

I should say that I was issued a trespass warning, which is NOT an arrest. Had I refused to leave it would have been an arrest. I was unemployed at the time and not in a good position to defend myself financially.

No, I am neither a student nor an employee of UVA.

The evar useless Creigh Deeds has previously gotten an opinion from the VA ATT GEN (McDonnell at the time) that dealt specifically with a UVA student/employee and it came down by denying your rights to carry.

When I asked for his support in this matter, he chose to punt and simply asked UVA what they thought was legal. DUH! They tried to tell me to pound sand.

They lost big time. Time for an OC picnic at UVA today and then a CCW visit to some goons.

 

[Tweaker]

I'm not sure how much I see this opinion changing much though...I imagine that if I as a student were to carry at UVA, there would still be a big s**t storm and I'd find my expelled and then in a lengthy legal battle for readmittance, don't you think? Though I am curious if I were to bring the opinion to the notice of the powers that be at UVA, if I might be able to get begrudding permission to carry, circumventing the legal trouble. What do you guys think? I've always been very annoyed that I'm not allowed to CC on UVA grounds despite having a valid VA CCW.

I should say it changes quite a lot for the 299 million of us who are not students/employees of UVA.

I will not become one, nor pay for my daughters to attend there, so that solves that problem for me. No respect for the constitution, no money from me.

 

[Art Eatman]

Enough wandering...