Can university confiscate your weapon? - Page 2
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Thread: Can university confiscate your weapon?

  1. #11
    Join Date
    Feb 2012
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    Quote Originally Posted by CCWlady View Post
    I work on a university campus in Indiana and today I ask our campus chief of police what happens if they catch a legally permitted student or employee conceal carrying a gun on campus. He said it is not against the law but is against university policy. Which is also my understanding, but then he went on to say that they could confiscate the weapon. I can see where they could ask the person to leave campus or even fire an employee, but how can that take the weapon? I might even understand that they take the weapon until the person is off the campus, but he said they could keep it for the entire semester.
    So if I believe what he is saying, then could a retail store also confiscate your weapon if you are caught in their store?
    Unless there is a law on the book, like a state law, that prohibits the carrying on campus, the campus authorities cannot keep your possessions for an extended period of time. If however, it is just campus policy then they have violated your 5th Amendment right by confiscating your possession. If however, you refuse to leave when confronted, then you have then broken trespassing laws and at that point, they can arrest you and confiscate your weapon.

    What they can do, is break the contract you have made with them. That means they could terminate a student's admission, terminate an employee's job, reprimand said student, or reprimand said employee. They cannot confiscate that which you own.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

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  3. Quote Originally Posted by whodat2710 View Post
    Some places use hired security companies, and many are just a liason with law enforcement intended as a deterrent and/or someone to hopefully keep things from getting out of habnd until the cops get there. Not all have arrest authority, but can "detain" you until a LEO arrives.
    That is why I qualified that statement with "to have arrest powers."

  4. #13
    Join Date
    May 2012
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    Nobody.... And I mean nobody is taking my gun away from me.. Period.
    There will be a major problem for anyone who tries....


    Sent from behind enemy lines.

  5. Quote Originally Posted by CharlesMorrison View Post
    Nobody.... And I mean nobody is taking my gun away from me.. Period.
    There will be a major problem for anyone who tries....


    Sent from behind enemy lines.
    That depends greatly on whether you break the law.

  6. I chuckle sadly when people ask if the police "can" do something. Or say that police "can't" do something.
    I grew up in the Deep South in the late 1960s and early '70s, worked the cop beat as a cub reporter, and had relatives in law enforcement. Police "can" do anything they choose, including murder you. Also, don't invest too heavily in "innocent until proven guilty." The prosecutors must work with the police. (In small towns they must attend the same family gatherings.) Thanksgiving dinner "can" be uncomfortable if the prosecutor rejects the officer's version of the facts. (It seems to happen outside the South, too. After the Boston bombing, it appeared all government officials ignored the First, Fourth and Fifth Amendments, while the "subjects" seems to gladly relinquish their rights.

  7. Quote Originally Posted by SmackD View Post
    I chuckle sadly when people ask if the police "can" do something. Or say that police "can't" do something.
    Keep chuckling smugly to yourself. We're talking about what they can do legally. Just because the police where you're from ruled the town doesn't mean that's how it is everywhere else.

    And, for the record, I'm VERY pro-police but I happen to know more than most what they are, and are not, allowed to do in a legal sense.

  8. #17
    I did not grow up in the "deep" South but I did grow up in a small town and county. I know for a fact that the police and the Sheriff did make calls on what to take to court and when not to. Without using any names I will tell a story about a homicide that happened in the county.

    There was a man shot and killed while on his back porch. The Sheriff investigated it and still today it is an open case. But the word was that the murdered man had caught a young boy hunting on his property and had taken away his gun and used the rifle to whip the boy and then kept the gun. The boy's Mother shot the man for doing this. The woman was well respected in the county and the murdered man was not. I doubt that she would have ever been convicted.

    There were other things that did go on. There was no beatings because it was a small town and county and if that had happened there would had been repercussions that neither the Police or Sheriff's Departments would be able to survive!

  9. Don't know about INdiana, but I DO know about Washington STate. Just finished up a degree at the local state college..... carry on campus is banned to all except the cops.. who, as far as I know are real cops. I was there for four months before I learned it is forbideen on the campus. Funny thing, a public highway bisects the campus property and I wonder how many carry whilst driving on that highway. Anyway, it is hidden deep inside the student code of conduct. The first thing they do is expell you immediately if you're a student.It can't be a criminal offense, as state law preempts all local law, and the college, being an arm of the state, IS a subordinate government. NO SIGNAGE as required by state law for ALL areas outlawying firearms. It isn't even posted in the campus regulations.. ONLY in the :code of conduct". Once expelled, you do have right of appeal, but from the very liberal tenor of the admistration there, it wou;dn't go anywhere. Further, state law rquires any property owner banning firearms to provide a safe and secire means of storing, and returning when leaving, the arm.... not available here. State law provides that the owner of PRIVATE property (not state campuses, as they are state owned) may deny possession to all who enter.... and if discovered they can demand the "offender" remove the firearm..... either with or without the owner. (so you can stash it somewhere and come back without it, fine, they can't keep you out then). Failing or refusing to leave when demanded to do so, the carrier is then subject to a criminal charge of trespass. I do not believe their rules provide for the seizure of the weapon, only the immediate expulsion from school, and leaving the campus with the 'offending" hardware immediately. Can't come back on campus until cleared by "the authorities".

    I am convinced this whole nonsense needs to be overturned. There is NO REASON why a permitted gun owner must commute unarmed to school when he can carry nearly everywhere else in the state. and we HAVE had some significantly violent attacks on the campus during the time I've been there. If I had to be on campus at night I'd have carried anyway. Hah, before I learned it was verboten, I carried daily for four months. Even standing in the lobby of the cop shop taking care of parking permit busines, foot cops in and out, standing and walking right next to me. No one ever got a clue.

  10. #19
    Join Date
    Nov 2012
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    I carry on a local campus all the time. I just make sure I switch from my usually OC to CC. However, I'm neither an employee or student so they have no real power unless I'm breaking a law.
    "It is not malicious acts that will do us in but the appalling silence and indifference of good people. All that is needed for evil to run rampant is for good women and men to do nothing." -MLK Jr Current Carry: Ruger SR40c

  11. #20
    Join Date
    May 2010
    Location
    Las Vegas, Nevada
    Posts
    623
    Confiscating my firearm might be a bit of a problem.
    G'Day and G'lock

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