Guns on Campus Ban Overturned, Oregon

[Kirk Freeman]

Oregon Court of Appeals overturns ban on firearms on state campuses. Court holds that Board of Higher Education has no authority to institute such an administrative rule.

Quick Takes: September 29, 2011 - Inside Higher Ed

Hmmm, something to look at in overturning the guns on campus bans at such places as Purdue or IU. Oregon statutes and state constitution are derived from Indiana law.

 

[Kitty]

 

[T.Lex]

Ooooh - that's a VERY interesting approach! The Indiana Constitution is pretty specific about the right to self defense. In light of Heller, too, the ability of a state institution to enact that kind of regulation may be open to attack (and ridicule).

Justice Dickson might really get a kick out of a new Indiana constitutional argument!

 

[Mike H]

I just read that. I hope it is like a snowball rolling down a hill, geting bigger and bigger.

 

[Constructionist]

If it can happen in liberal Oregon, we have hope here in flyover country.

 

[CalebToNowhere]

Wait, I thought that we were already allowed to carry now on college campuses as far as the law was concerned? Isn't it just a Private Property / College Policy issue here?

 

[eldirector]

It appears that in Oregon, there is a larger State Board that issued rules for ALL state colleges/universities. They had a "rule", and that rule was found to be illegal.

I don't believe Indiana has such a Board. Each School is allowed to make their own rules. IC does not outlaw carry on campuses, but their rules do. I had asked the question about "other local government entities" as it applies to SB292, and the consensus was that State Schools are not "local". So, their rules stand.

Of course, this is great news for the folks coming down to the State House on the 20th to talk about Colleges, Universities, and the RTKBA.

 

[T.Lex]

It appears that in Oregon, there is a larger State Board that issued rules for ALL state colleges/universities. They had a "rule", and that rule was found to be illegal.

I don't believe Indiana has such a Board. Each School is allowed to make their own rules. IC does not outlaw carry on campuses, but their rules do. I had asked the question about "other local government entities" as it applies to SB292, and the consensus was that State Schools are not "local". So, their rules stand.

Yes, but the Oregon logic could still apply.

The state colleges/universities are not private institutions - they are organs of the state in many MANY ways. Each school's board would be the functional equivalent of the Oregon State Board. If that is the case, they similarly do not have the ability to enact (administrative) rules that forbid firearms.

It would be an interesting argument!

 

[Westside]

direct link to court ruling: http://www.publications.ojd.state.or.us/A142974.pdf

Thanks for the post kirk

 

[Kirk Freeman]

Yes, but the Oregon logic could still apply.

The state colleges/universities are not private institutions - they are organs of the state in many MANY ways. Each school's board would be the functional equivalent of the Oregon State Board. If that is the case, they similarly do not have the ability to enact (administrative) rules that forbid firearms.

It would be an interesting argument!

Eldirector, as TL notes, I am arguing by analogy, darn lawyers.

The Oregon-Indiana nexus has been cited before in Oregon cases involving the RKBA in Oregon. The reasoning in the Oregon Court of Appeals case could be used in Indiana. IANAL, wait, no, I am, I believe this to be a valid challenge to IU's or Purdue's admin rules against firearms on campus.

 

[FatsMcKay]

that's smooth man

 

[eldirector]

That would be awesome, Kirk. I chased that angle a few months ago and got shot down on here. Still seems like a plausible argument, though. The argument was along the lines of the individual College Boards where akin to other State Agencies, and therefor on a level high up than "local government entities". This particular law simply does not apply to them.

But, hey, IA(really)NAL!

 

[T.Lex]

There are some states that borrowed heavily from Indiana's constitution - Oregon being one. I seem to recall that the Indiana Supreme Court has also relied on that in the past when looking to other courts' interpretations of similar state-constitution provisions.

Depending on how the next legislative session goes, it might be worth looking into some sort of declaratory action or something.

 

[CarmelHP]

Eldirector, as TL notes, I am arguing by analogy, darn lawyers.

The Oregon-Indiana nexus has been cited before in Oregon cases involving the RKBA in Oregon. The reasoning in the Oregon Court of Appeals case could be used in Indiana. IANAL, wait, no, I am, I believe this to be a valid challenge to IU's or Purdue's admin rules against firearms on campus.

Anyone want to carry the ball, <hint> I'll be happy to help with the brief writing. I would love to shove this issue up the posterior of my old alma mater. I'm still more than a little annoyed at what they did to the ranges on campus.

 

[T.Lex]

Would the NRA put up some money to at least cover the cost of filing fees? I can't commit, since... well... there's a chance our firm would handle the defense! :doh:

Edit: a dec action would probably work - declaring the rules invalid. Maybe get that student group from that other thread as plaintiffs. Seems like they'd have standing.

Edit2: TFT would be a logical guy (pardon the pun) to take point. Do the soft-sell at first, send a letter asking nicely for it to be changed. Maybe work in concert with the legislative effort during the short session. There'd be a long runway to the actual suit - next Spring, maybe?

 

[96firephoenix]

well ****, now people are just gonna go on shooting rampages. cuz that would never have happened at a place with a gun ban.

 

[Kirk Freeman]

I would love to shove this issue up the posterior of my old alma mater. I'm still more than a little annoyed at what they did to the ranges on campus.

Memo to self: don't cheese off Carmel, he carries a grudge.