Weapons on Campus. Legal Issues in Higher Education 2011 Conference. Lee Bird, Ph.D. Saunie Schuster, J.D.

Size: px

Start display at page:

Download "Weapons on Campus. Legal Issues in Higher Education 2011 Conference. Lee Bird, Ph.D. Saunie Schuster, J.D."

Maximillian Greene
6 years ago
Views:

1 Weapons on Campus Legal Issues in Higher Education 2011 Conference Lee Bird, Ph.D. Saunie Schuster, J.D.

21, 2011 KBTX News CAMPUS CARRY MAKES SENSE By Page Gerrick September 12, 2011 Arizona State Press

2 In the News Texas Lawmakers Back Off Concealed Carry on Campus By JIM VERTUNO, Associated Press April 12, 2011 Concealed Carry on Campus: It Would be a Distraction By Michael Oder Feb. 21, 2011 KBTX News CAMPUS CARRY MAKES SENSE By Page Gerrick September 12, 2011 Arizona State Press New concealed carry law a danger to city By Nick Fritz Wisconsin- Madison Daily Cardinal Friday, September 9, 2011

3 Second Amendment 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. U.S. Constitution, Bill of Rights

4 Militia Militia Act of 1792 was written one year after the Second Amendment was ratimied Great debate ensued about the nature and purpose of the Second Amendment and the deminition of the militia. NRA ILA states that the Second Amendment has stood as for more than two centuries as a bulwark for personal liberty a right that literally makes the frailest woman the equal of the brawniest felon. (NRA- ILA.org Second Amendment showdown)

5 Protecting the Rights of Individuals The NRA explained the that the Militia Act of 1792, adopted the year after the Second Amendment was ratimied, declared that the Militia Act of the United States (members of the militia who had to serve if called upon by the government) included all able- bodied adult males.

6 SpeciQics Within the Militia Act of 1792 insurrection in any state against the government free, able- bodied, white male between shall be enrolled that there shall be an adjutant general appointed in each state, whose duty it shall be to distribute all orders for the Commander in Chief of the state to the general corps

7 District of Columbia v. Heller Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self- defense and struck down a District of Columbia law that banned the possession of handguns in the home District of Columbia v. Heller, 478 F. 3d 370

8 McDonald v. Chicago Following the Heller judgment, citizens of the Chicago suburb of Oak Park Miled suit after a city ordinance banned handgun possession for private citizens The court held that Heller had explicitly refrained on opining on whether the Second Amendment applied to the states The majority stated that the Privileges or Immunities Clause and Due Process Clause of the Fourteenth Amendment incorporate the rights of the Second Amendment

9 Dissenting Opinion Unlike other forms of substantive liberty, the carrying of arms for that purpose often puts other lives at risk and the use of arms for private self defense does not warrant federal Constitutional protection from state regulation. - Justices Breyer, Ginsberg, and Sotomayor McDonald v. Chicago, 567 F. 3d 856

10 Dissenting Opinion, Cont. I can Mind nothing in the Second Amendment s text, history, or underlying rational that could warrant characterizing it as fundamental insofar as it seeks to protect the keeping and bearing of arms for private self- defense purposes. Nor can I Mind any justimication for interpreting the Constitution as transferring ultimate regulatory authority over the private uses of Mirearms from democratically elected legislature to courts or from the States to the Federal Government. Justices Breyer, Ginsberg, and Sotomayor McDonald v. Chicago, 567 F. 3d 856

11 Impact of the Second Amendment on Campus In 1999, National RiMle Association (NRA) CEO Wayne LaPierre said, Schools should have absolutely zero tolerance for weapons of any kind, except for in the hands of law enforcement. The academic environment is sacred, and more importantly, it s safe, and students need to feel safe.

12 Impact of the Second Amendment on Campus Pro Forces: NRA- Institute for Legislative Action Grassroots Division Students for Concealed Carry on Campus Forces Against: Brady Campaign to Prevent Gun Violence Students for a Gun- Free Society Politics of gun ownership: administrators against legislators

13 Impact of the Second Amendment on Campus Over the last three years, the number of colleges that permit people to carry concealed weapons on their grounds have doubled. The Right to Carry Concealed Weapons on College Campuses By Rachel Weisman, Chronicle of Higher Education 8/10/2011

14 Impact of the Second Amendment on Campus Colin Goddard, a survivor of Virginia Tech who is now Assistant Director of Legislative Affairs for the Brady Campaign to Prevent Gun Violence: Hypothetical statements implying that guns might have lowered the death toll were offensive. We need to broaden our perspective, we need to look past the last second when we could have intervened. The Right to Carry Concealed Weapons on College Campuses By Rachel Weisman, Chronicle of Higher Education 8/10/2011

15 Impact of the Second Amendment on Campus One of the concerns we have is distinguishing the friendly armed persons from unfriendly armed persons. I m not sure what we are trying to Mix in terms of safety on campus. I think we re maybe creating a Mix for something that is not a problem. - Austin Police Chief Art Acevedo

16 Campus Debate Institutional autonomy- who has the right to make decisions affecting campus safety: the legislature, trustees, campus administrators or students? Is CC really the best method of preventing of Virginia Tech- like incident? What role does the NRA play in support of local politicians making decisions that affect campuses? Where is educational deference when we need it?

17 State Policy 24 states expressly prohibit concealed carry on college campus by persons with a valid concealed carry license 15 states are Right to Carry States. These states leave the decision of conceal carry on college campuses entirely up to each college or university. (Concealedcampus.com)

18 States Prohibiting Concealed Carry on Campus

19 State Policy: Utah Utah: least restrictive/most gun- friendly state in U.S. Utah is the only state that requires universities to allow guns on campus by concealed carry permit holders. Utah is a shall- issue state: law enforcement ofmicials must issue a 5- year permit to any resident who meets a basic set of requirements

20 State Policy: Utah Requirements: Training: one- time, four hour gun safety class. No live- Mire exercises required. Individuals prohibited: under 21 convicted felons those convicted of any crime of violence including domestic those convicted of any offense involving the use of alcohol, narcotics, or other controlled substances those convicted of any offense involving moral turpitude those adjudicated as mentally incompetent. Given time, some of the limitations identimied can be overcome

21 State Policy: Virginia Virginia is another shall- issue state Applicants must only take an online training class which involves an instructional video and multiple choice test that can be taken multiple times No classroom instruction or range training/live- Mire exercises In VA, Mirearms can be carried openly on campuses with or without a permit, but an institution can prohibit open carrying in its buildings and dormitories

22 Additional Exception Trends Many states with liberal conceal- carry or open carry laws continue to prohibit the carrying of weapons at events with over 1000 individuals (ex. major sporting events) No possession of a weapon while intoxicated, concealed or not No carrying weapons into churches, voting precincts, government buildings, schools, school buses and premises where school functions are ongoing, whether concealed or not

23 The National RiQle Association Campus Concealed Carry Movement NRA perceives the campus gun debate as a grassroots effort NRA does not believe in any restrictions on weapons including clip size, assault weapons etc NRA advocating NRA U (meaning university) NRA hosting conceal carry groups on campus

24 Arguments that Campuses Make Against Concealed Carry Guns will lead to an escalation in violent crimes on campus May be associated with increased suicides Guns would distract from the learning environment Adding guns to alcohol culture problematic In an active shooter situation, more people with guns would make things worse

25 Successful Strategies used to Block Legislation In 2011, 15 states successfully defeated guns on campus legislation. 23 states introduced legislation that would have forced colleges to allow students and/ or fac. to carry guns on campus Biggest defeat in TX. Student led opposition coupled with strong network of gun violence survivors created an environment that delayed vote and later prevented a vote.

26 Oklahoma Efforts CLASS TASK FORCE the purpose of the task force is three fold 1. Review and evaluate current campus safety and security plans 2. Determine what modimications, if any, are necessary to prevent crises and enhance response on campuses 3. Research methods for recognizing students in need and delivering to them appropriate services (Oklahoma Executive Order )

27 Oklahoma CLASS Task Force Multiple agencies represented q Higher Education ( selected presidents and vice presidents) q Director of OK Homeland Security q Secretary of OK Dept. of Mental Health q Chancellor of State Board of Regents (chair) with staff assisting q Superintendent of Oklahoma Career Tech

28 Joint Statement Against Concealed Weapons and Carry on University Campuses ASCA, ACUHO- I, NACA, NIRSA August 11, 2011 Arguments made: College students still learning how to manage emotions, cope with stress, develop mature relationships, and resolve conmlict Concerns about inmluence of alcohol or drugs on student decision making combined with the proximity to weapons Concern about the rights of students who do not wish to live, work, or socialize with someone who carries a weapon (i.e. roommate choices) Perceived or real liability for campus if a student harms himself, herself, or others Research indicates that the risk of Mirearm- related injury to a household with weapons increases

29 Joint Statement Conclusion We oppose any expansion of laws that aim to prohibit state higher education institutions from adopting or enforcing policies that inhibit or restrict in any way the possession or use of Mirearms on campus property, public or private.

30 Joint Statement Conclusion We believe that the possession of weapons on campus poses a threat to learning and working environments on college campuses and thus may undermine the institutions mission and goals. We wish to see state governments honor the right of institutions to create and enforce policies that protect students and its stated educational mission.

31 Legal Implications and Risk Management Landmines Institution s literature and web sites generally assure a safe campus, thus creating actions in reliance by students Institutional duty: liability analytic shifts if weapons of any type are allowed on campus Knowledge becomes a critical factor knew or should have known Policies related to weapon use/control Negligence issues

32 Thank You! QUESTIONS? Lee Bird Saunie Schuster

Talking Openly About Concealed Carry on Campus

Talking Openly About Concealed Carry on Campus John Wesley Lowery, Ph.D., IUP Monday, March 13, 2017 at 3:40 p.m. Grand Hyatt, Lone Star A http://bit.ly/gunsoncampus Outline of Today s Program Introduction