University revoking 2nd amendment rights off campus

[Spartan452]

Can a university revoke your 2nd amendment rights?

I'm not bringing weapons on campus

I know you can't bring firearms onto campus, but can they have a rule where you can't own a firearm even while your not on campus.

Here is a except from my school's policy

"--- reserves the right to adjudicate violations of the code of conduct occuring off campus and on the internet"

"Possesion or use of firearms, fireworks, explosives, or weapons of any description, for any purpose (Appropriate exception is made for those participating in the ROTC programs)"

So essentially putting those two together, you no longer have your 2nd amendment rights if you decide to attend the university?

I do not want to diclose the name of the university, but these two excerts come right out of the "student handbook" which has a code of conduct section.

 

[TexasRifleman]

Can a university revoke your 2nd amendment rights?

You didn't say, but if it's a private university they can do whatever they want.

If it is a public school that would be hard to make stick but it would probably take a lawsuit to get rid of it.

 

[Spartan452]

It is a private university, so there is nothing you can do about it?

 

[mljdeckard]

In a word yes. You agreed to follow their policies when you enrolled. As a private university they can make rules telling you to stand on your head if they want to. You can refuse, and you aren't committing a crime, but you may be out on your ear.

In Utah, carry is legal on campus in public schools, and the state has pre-emption for private schools. Just sayin'.

 

[TexasRifleman]

Nothing you can do other than try to change their minds, go somewhere else, or break the rule anyway and keep your mouth shut.

The Second Amendment means that government cannot infringe on the right.

Private property owners can restrict that as they wish.

 

[rocky branch]

What the heck kinda school is this?
Why do you choose to attend?

 

[Spartan452]

I'm not planning to bring weapons on campus

I'm just wondering if they can stop you from owning altogether just because you attend the university.

Rocky branch, it a school in the midwest lol. It also seemed like a good school at the time.

 

[slidelock15]

Ummm, just a sec, While a private university will tell you they can do about anything. The truth is they are bound not only by state and national law, but their own policies and procedures as well. Specifically, if they promise freedom of speech etc, then violate that policy....lawsuit. For a good read on the above by folks doing precisely that. Google thefire.org. Enlightening.

 

[bigfatdave]

I'm just wondering if they can stop you from owning altogether just because you attend the university.

How, exactly are they going to accomplish that?
Unenforceable rule, screw 'em and break it, what are they going to do, search all your possessions while you're in class?

 

[mljdeckard]

Read it again dave, it says on OR OFF campus.

 

[2RCO]

Spartan -- What school?

 

[CapnMac]

Notice the "on the internet" inclusion, as well. The U can't find out you are a THR memeber, either.

Have to wonder if this is an ivied sort of place, thoroughly insulated from reality . . .

 

[2RCO]

Please tell me the place doesn't start with a W and end with an R.

 

[Spartan452]

It is not an ivy school, it is a small private school in the midwest.

I'm just worried about the OFF campus and ON the internet. I'm going to say it again, I am not bringing weapons on campus, this is not about being on campus

This is about the universities power off to revoke my rights while off campus or online.

Lets say I was at the gun range off campus, and happen to run into the dean, and he knows I goto the school. Or lets say there were pictures of me "in possesion" doing a review online or on youtube or even have pictures on facebook.

Based off those policies state above, they have legal right to prosecute me even though they are violating the 2nd amendment?

So does this mean that private universities are not bound by the US constitution and the bill of rights?

 

[COMPNOR]

"Possesion or use of firearms, fireworks, explosives, or weapons of any description, for any purpose (Appropriate exception is made for those participating in the ROTC programs)"

Is this what the rule really says, or are you paraphrasing?

 

[2RCO]

Spartan I went to a Private Midwestern College (Westminster in MO my online ID isn't real incognito so I don't feel scared to share this info) and can verify that n the past certain officials at private colleges don't always believe that they must abide by the Constitution.

There is a school in Arkansas JBU that makes students pledge not to smoke, drink, or have sex out of wedlock while enrolled lest they be kicked out.. Since it is a private institution and the students agree to abide by the honor code when they enroll it's seen as a private issue.

Here is the kicker though if the school accepts Pell Grants etc. it is basically federally funded and therefore is considered under broader terms.

 

[bigfatdave]

Read it again dave, it says on OR OFF campus.

I did read that.
The point being that the School is making asinine rules they can't enforce about what happens off campus.

Personally, I wouldn't give a cent to an institution with such an idiotic rule. Obviously they don't extend much confidence in you or your intelligence, so why would you pay to attend?
If you do decide to attend, don't worry about enforcement of such a silly law, the dean isn't going to follow you around to see if you might own a firearm off campus. On campus, you get to follow their rules, off campus, you can tell them to EABOD if they hassle you.

 

[cbrgator]

I'm not convinced your school can do that. I would ask a local lawyer.

 

[bigfatdave]

cbrgator, legally or practically?

 

[Spartan452]

There are the 2 polices exactly what it says. I still do not want to post about the name because I am still attending the university and because of the "online part" of the policy

I'm asking this is because my friend is under investigation about a facebook picture online, where he was posing safely with a weapon. This picture was taken back in his home state off campus during the summer, where firearms are not illegal. He might lose his scholarship due to this photo. So the school can do something, but is it legal for them to do so, since the photo was taken off campus. He has since removed the picture, but they are still prosecuting him.

He is planning to consult an attorney, but the state where the university resides is a super anti-gun state.

 

[psychogoc]

I, too, attended this type of school (Anderson University), and had this question....

The answer is no. Technically, yes, they can penalize you for breaking code of conduct rules off campus (drinking, having premarital sex, etc), but the burden of proof is on them. You CANNOT have firearms, fireworks, candles (pretty common as a rule at most schools now days), or any kind of weapon (knives, swords, etc) ON CAMPUS. If you live in ON CAMPUS housing, yes, they can penalize you. If you live off campus (as we all did, and were ALL hunters), they can't say a thing about it.

You're putting together two different parts of the rules of the school. They're are certain aspects of off-campus activities they can control (whether through a "contract," giving your word, etc), but they're are others, such as owning firearms, that they cannot control.

Think about it: The firearm does not neccessarily promote a type of lifestyle they do not agree with, while drinking, promiscuity, etc, do. Although they may not look well upon you having weapons, they cannot come to your home and search it (violating your other civil liberties!)

 

[psychogoc]

This same thing occurred in WI last year: a teacher posted a facebook picture of her with a firearm, and they put her on suspension for it.

Usually all he has to do is to remove the picture, and they will put him on probation, but nothing worse. Now, if they DO revoke his scholarship, he can get a lawyer involved, but it may not do any good. He just needs to keep a low profile a while. Someone has probably had an ax to grind with him, b/c deans and other people of authority do not just cruise the internet and facebook, looking for people to nail for stuff like that.

The truth is, since it is a private institution, they can do things like that, but you get a lawyer involved, and they will most likely back down really quickly, especially if he has already removed the picture (where is their proof?).

 

[2RCO]

I recently had to deal with a minor fiasco involving some complaints made about an Active Fraternity Brother posing with a gun on Facebook. In this case I am the director/President of the Alumni group that would have say on this issue. We had a couple antis complain about this picture and how it made the Fraternity look bad/ hampered a major fundraiser that is going on. Like I said I am the one that the buck stops at on this issue--Which was darn handy for the kid. All he got from me was keep your finger off the Trigger in pictures and happy shooting!

 

[Tim the student]

Call and ask a hypothetical question - you are considering joining the reserves, would shooting get you kicked out, you hike off campus and carry a knife, you are an olympic class air rifle shooter and want to practice etc etc.

I think it got lumped in for convenience, not intent. Even if it is their intent, I fail to see what they could really do (worst case) other than expell you, which might not be all that bad, since you already sound unhappy there.

Failing that, you could always come to a school that has shooting clubs - like mine does.

 

[2RCO]

I know this is beneficial to me but if the kids at schools like this would wear Second Amendment Wristbands in protest they could probably bring some attention for them and me. So I could hook them up!