I wrote the below to give to the press and onlookers.
Who are we and why are we doing this?
The Students for Concealed Carry on Campus Alaska chapter and those protesting today are not extremists or radicals and this protest is not about “guns in schools” or “arming students and teachers” or “fear of crime”. We are simply citizens of Alaska who wish to be allowed to carry weapons on the campuses of the University of Alaska exactly as we currently do so off-campus, safely and responsibly in accordance with existing Alaska law.
Why is this protest necessary?
After multiple requests the University Board of Regents and the President of the University have refused to bring their campus weapon’s policy into line with controlling state statutes. This peaceful demonstration is designed to bring the issue into the open and provide them a final chance to correct this violation prior to legal and legislative challenges being made.
Why is the policy legally questionable?
The University of Alaska is a public entity; the Board of Regents and President are bound by oath to abide by the Constitution and laws of the State of Alaska. Their power is delegated by Statute and cannot be greater than its source.
Alaska Constitution Article 1, Section 19 - Right to Keep and Bear Arms - “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State.”
Alaska Statutes 11.61.190-220 clearly list all areas prohibited to lawful carriers. The Legislature did not include the University system on that list, if they had intended to they presumably would have.
Alaska Statute 29.35.145 on firearms preemption prevents political subsections (Municipalities) of the State from enacting regulations on firearms more restrictive than state law in publically accessible areas, such as the campuses of the University of Alaska. There is no logical reason to believe the public University can do what the municipalities in which its campuses are located cannot.
The University’s authority to enact its policies rests on AS 14.40.170 (b)(2); which only authorizes the Board to “adopt reasonable rules, orders, and plans with reasonable penalties for the good government of the university and for the regulation of the Board of Regents”.
Given the Constitution and statutes of the State of Alaska it does not seem that “reasonable” can be read to authorize the Board to completely deny a right of law-abiding citizens, student or not, at a public institution. In addition, it doesn’t seem “reasonable” for the penalty for obeying state law and responsibly exercising a fundamental right under the state Constitution in an institution of public education to rise to the level of denying an education to that student.
It is not even clear whether the University has the power, even under the current policy, to “trespass” law-abiding citizens, student or not, who are found to be in violation. To charge someone with Trespass under state law (AS 11.46.330) requires that they have entered or remained unlawfully. Board policy is not law in any way, carry on campus is legal per statute, and is a fundamental right like the freedom of speech or assembly. It is hard to see how obeying state statute to the letter in a public, non-prohibited place while exercising a fundamental right can in any way be described as “unlawful behavior” justifying removal or arrest by law enforcement. The University is not private and does not “reserve the right to refuse service”, they have been accessible to the general public since inception.
It is worth noting that the University of Colorado Board of Regents recently faced a legal challenge to their almost identical policy and have lost on appeal. (
http://www.denverpost.com/ci_14894750) It would behoove the UA Board of Regents to carefully consider if they want to use tuition dollars and state funds to fight what will likely be a similar losing legal battle simply to prevent some students and citizens from safely and responsibly obeying the law exactly as they do off campus.
Is safety or the “educational experience” at risk?
In a word, no. Evidence is available from the many colleges that currently allow carry pursuant to their state laws that it does not negatively impact their educational experience.
http://www.concealedcampus.org/common_arguments.php The burden is thus on the UA Board of Regents to explain with facts, not conjecture or opinion, why Alaska’s students are not capable of handling the lawful exercise of fundamental rights on campus in a similarly responsible manner.
