Can university confiscate your weapon?
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Thread: Can university confiscate your weapon?

  1. #1

    Can university confiscate your weapon?

    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?

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  3. No, they cannot. If you aren't breaking any laws, the university can ask you to leave, that is all. If you refuse, then the police could take it and arrest you if they so choose.

    I grew up and went to school in Indiana so I'd be very interested to know what school's PD this is.

  4. #3
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    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]
    Your answer is in the fifth amendment to the US Constitution. Personally if they tried it I'd let them and then sue the Hell out of the school for violating my civil liberties.

    That said, by asking the Campus P.D. you have very likely put yourself on the radar. I expect they will be watching you
    See, it's mumbo jumbo like that and skinny little lizards like you thinking they the last dragon that gives Kung Fu a bad name.
    http://www.gunrightsmedia.com/ Internet forum dedicated to second amendment

  5. #4
    Quote Originally Posted by Treo View Post
    Your answer is in the fifth amendment to the US Constitution. Personally if they tried it I'd let them and then sue the Hell out of the school for violating my civil liberties.

    That said, by asking the Campus P.D. you have very likely put yourself on the radar. I expect they will be watching you
    I cannot afford to lose my job so I do not carry on-campus. Also I ask him about this after a presentation he did on active shooter so it was not an out of the blue question

  6. If there is some type of contract

    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.
    In general no, but since you asked specifically about students and employees, if they have signed any type of contract with the school that set conditions of their attendance or employment, then the school might legally be able to.

  7. Quote Originally Posted by REB1969 View Post
    In general no, but since you asked specifically about students and employees, if they have signed any type of contract with the school that set conditions of their attendance or employment, then the school might legally be able to.
    No, they still can't and it would be foolish of them to do so. They would have to guarantee the safety of the item while in their possession.

  8. I would still think, if it is in the student policies and an employment contract that the student or employee has signed stating that if found carrying a legally concealed weapon, the school has the right to confiscate the weapon for the rest of the semester, then they would be allowed to do that, or it would be a breach of contract. But that is totally different from the law in general which I agree, there is no way they could do that.

  9. #8
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    Quote Originally Posted by REB1969 View Post
    I would still think, if it is in the student policies and an employment contract that the student or employee has signed stating that if found carrying a legally concealed weapon, the school has the right to confiscate the weapon for the rest of the semester, then they would be allowed to do that, or it would be a breach of contract. But that is totally different from the law in general which I agree, there is no way they could do that.
    If you have a "breach of contract", there are a number of options they have, but none would include them confiscating your gun. If you are in a state where "proper signage" for no weapons allowed is recognized by law, and they have these signs posted per that law (1.e. every entrance, proper wording, proper size etc) then you could be breaking that state law. If you are in a state where carrying on a campus is illegal by law, you would be breakig that law. You would still need to look into what legal actions the LEO are allowed to take if you break that law. If you were in a random business that said "no guns" and they called the cops on you, the cops would not confiscate your gun, they would ask you to leave. As long as you weren't threatening anyone, they wouldn't want to do the paperwork required for taking posession of your gun, and unless you were charged with a crime and arrested would have no legal recourse to do so.
    -
    It is quite likely that the "campus police" are wrong. Whether they are actual cops on a side job, or rent-a-cops with no state authority, they are not lawyers. I would ask a NRA-ILA lawyer in your area, or a pro-2A lawyer, or find the applicable laws your self (and make sure to look at all ordinances that are referenced as well)
    Chief

  10. Quote Originally Posted by whodat2710 View Post
    It is quite likely that the "campus police" are wrong. Whether they are actual cops on a side job, or rent-a-cops with no state authority, they are not lawyers. I would ask a NRA-ILA lawyer in your area, or a pro-2A lawyer, or find the applicable laws your self (and make sure to look at all ordinances that are referenced as well)
    I can guarantee you that this particular campus police officer is wrong, for the reasons you stated.

    And, for everyone's information, in Indiana, 1. Campus police are real police; they must go through the same academy as all police in the state. (to have arrest power in any state I would think this is the same) and 2. Signs do not carry weight of law for this purpose. (It would end the way whodat2710 said, with a trespass warning and you would be sent on your way.)

  11. #10
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    Quote Originally Posted by cawpin View Post
    (to have arrest power in any state I would think this is the same)
    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.
    Chief

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