(OR) Oregon Court of Appeals Strikes down student carry ban!

[gunsmith]

AFAIK IANAL  but it looks like it only applies to students and visitors, I guess the Judge, being very smart didn't really trust all the liberal professors with handguns, cant say I blame the good Judge.

PDF

http://www.publications.ojd.state.or.us/A142974.pdf

[AmbulanceDriver]

Gunsmith -

This has been a long-standing legal battle with the state, and specifically, with the Oregon University System.  At the heart of the issue is the fact that the state legislature has written the CHL laws (Oregon Revised Statutes, to be specific, ORS 166) to include a preemption clause.  In other words, the only people who can regulate where someone with a CHL carries is the legislature.  So OUS has been given statutory permission to write rules regarding conduct at OUS schools.  OUS believed that gave them the right to prohibit people from carrying concealed firearms on their campuses. 

So yes, it technically only applies to students and visitors, as those are the only people that OUS is allowed to regulate. 

[Ben]

That document is a long way to go for either a simple "yes" or 'no". Which I 'm still not sure what it is after reading all the whereto and exemption statements.

[gunsmith]

That document is a long way to go for either a simple "yes" or 'no". Which I 'm still not sure what it is after reading all the whereto and exemption statements.

I know!!!! I tried reading the whole thing but gave up.

[Physics]

I'm currently trying to get an "official" statement from Portland State, which they are avoiding like the plague.  Funny how when you have a firearms question, people conveniently stop answering their phones. 

I went to campus security and asked to talk to an officer.  They asked me why, and I told them I had a couple questions about guns.  Immediately, all I got was a "no comment", and nothing further.  They would not send an officer and referred me to university communications, who will not answer their phone, nor return my calls.

If it's true that the OUS can regulate guns carried by professors, I wonder how that effects me as a teaching assistant.  I'm technically a teacher and a student, as in I am an employee of the OUS.

Overall I am VERY excited about this.  One of the only reasons I haven't gotten my concealed carry permit was because I couldn't carry at school.  Now if I can just keep my name off of a newspaper list, I think it's time to get my permit.  Of course, now I have to think of a way that I could carry in a lab, where I'm constantly in danger of being outed (bending over people to fix things, standing in front of 30 students and lecturing, heavy lifting, etc).

[Viking]

I'm currently trying to get an "official" statement from Portland State, which they are avoiding like the plague.  Funny how when you have a firearms question, people conveniently stop answering their phones. 

I went to campus security and asked to talk to an officer.  They asked me why, and I told them I had a couple questions about guns.  Immediately, all I got was a "no comment", and nothing further.  They would not send an officer and referred me to university communications, who will not answer their phone, nor return my calls.

If it's true that the OUS can regulate guns carried by professors, I wonder how that effects me as a teaching assistant.  I'm technically a teacher and a student, as in I am an employee of the OUS.

Overall I am VERY excited about this.  One of the only reasons I haven't gotten my concealed carry permit was because I couldn't carry at school.  Now if I can just keep my name off of a newspaper list, I think it's time to get my permit.  Of course, now I have to think of a way that I could carry in a lab, where I'm constantly in danger of being outed (bending over people to fix things, standing in front of 30 students and lecturing, heavy lifting, etc).

Thunderwear?

[MillCreek]

I'm currently trying to get an "official" statement from Portland State, which they are avoiding like the plague.  Funny how when you have a firearms question, people conveniently stop answering their phones. 

I went to campus security and asked to talk to an officer.  They asked me why, and I told them I had a couple questions about guns.  Immediately, all I got was a "no comment", and nothing further.  They would not send an officer and referred me to university communications, who will not answer their phone, nor return my calls.

Or probably more likely, the Oregon Attorney General is figuring out how this applies and what laws/regulations have to be modified to be in compliance with the court's ruling.  Once that happens and the word is disseminated to the state schools, they will probably have comments all ready for you.

[AmbulanceDriver]

Physics - if you don't already, Oregon Firearms Federation is a great group of folks to follow for gun-related stuff.  They are actually the group that was backing this lawsuit against OUS...   Their website is oregonfirearms.org

The three years that I was at PSU, I carried every day.  I knew what the law said, and I was willing to be the test case if it came to that (and the OFF folks were aware of that).  If you are an employee of the university, they can still prohibit you from carrying as part of your employment agreement.  As a student, they legally cannot regulate your carrying of firearms, so long as you have a CHL.  And that is what this ruling says.  The university cannot regulate firearms by rulemaking.  They can still regulate for employees, as that is a policy/procedure thing. 

[Physics]

Physics - if you don't already, Oregon Firearms Federation is a great group of folks to follow for gun-related stuff.  They are actually the group that was backing this lawsuit against OUS...   Their website is oregonfirearms.org

The three years that I was at PSU, I carried every day.  I knew what the law said, and I was willing to be the test case if it came to that (and the OFF folks were aware of that).  If you are an employee of the university, they can still prohibit you from carrying as part of your employment agreement.  As a student, they legally cannot regulate your carrying of firearms, so long as you have a CHL.  And that is what this ruling says.  The university cannot regulate firearms by rulemaking.  They can still regulate for employees, as that is a policy/procedure thing. 

Yup, I know about OFF.  You pretty much summed up what I was thinking with the bolded part.  The only reason I don't follow "concealed means concealed" is that my PI has specifically asked that I don't carry in my lab due to the rule.  I now have a strong argument with him for allowing me to carry.  The thunderwear may be my only option though, or maybe stashing an 870 in a very hidden area of the lab (not the lab in which I teach, the one in which I do research).

Regardless, I'm very happy to not be in a victim disarmament zone any longer!  And the blood has not covered the streets!

[gunsmith]

whats not clear to me does a student/teaching assistant qualify as an employee for carry purposes? AFAIK open carry is legal for folks with a license, so they cant stop you from open carry? ... I'm gonna have to check out OFF-who knows, maybe I'll move to Oregon.

[Physics]

Dear PSU community:

The Oregon Court of Appeals last week overturned a long-standing administrative ban of firearms at Oregon's public universities, ruling that such authority must come from the Legislature, not from Oregon University System policy. The state Board of Higher Education is reviewing the court decision to determine next steps.

I want to assure you that we remain committed to keeping Portland State University a safe place to learn. Firearms and weapons continue to be prohibited by law in buildings across campus, unless that person has a valid concealed weapons permit. We will continue to vigorously enforce that law. If anyone on campus sees an individual with a weapon or feels threatened by another individual, they should contact the Campus Public Safety Office. As always, dial 911 for an emergency or ###-###-#### for non-emergencies.

Wim Wiewel, President
Portland State University

Email I received this morning. 

Sounds to me like open carry with a concealed carry permit would be legal as well now.  If the Oregon University System doesn't have the authority to regulate their students WRT guns, then city law would be what I need to follow, no?  Well, city law says I can open carry with a permit, so why not in class?  Note, I will not be testing this theory. 

[MillCreek]

Are you doing your post-doc?  Do you hope to get hired at PSU or another Oregon university?  If so, I wonder if you want to be the test case.

[Physics]

I am already a PSU employee.  No I do not want to be a test case.