The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Closed Thread
 
Thread Tools
Old September 28, 2009, 09:46 AM   #1
etays69
Member
 
Join Date: August 11, 2009
Posts: 27
Rights against police

If you are carrying a gun to a university where concealed carry is not allowed, what rights do you have against the police officers in school if they believe you are carrying? What are they allowed to do in order to see if you are carrying a gun? Are they allowed to search individuals, cars, backpacks? At what point?
etays69 is offline  
Old September 28, 2009, 09:50 AM   #2
jazzmanDK
Member
 
Join Date: November 15, 2007
Location: Tampa Bay South (Just outside St Petersburg) Florida
Posts: 31
Rights Against Police

More than likely in your applicatio process you surrendered may of your rights to the institution upon entering their premises. Very briefly, their premises, their rules. You don't like the rules, you don't go there. Or you carry, keep your mouth shut and if and when the SHTF you deal with the fallout, which may or may not include expulsion. Their rules, your call....

Good luck. I'm not a lawyer, and I don't play one on TV.

Zip
jazzmanDK is offline  
Old September 28, 2009, 09:53 AM   #3
NavyLT
Junior member
 
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
Depends upon the status of the University (private or state) and the state laws where the University is located.
NavyLT is offline  
Old September 28, 2009, 09:54 AM   #4
Maromero
Junior member
 
Join Date: January 21, 2009
Location: Outside the continental U
Posts: 752
Quote:
Good luck. I'm not a lawyer, and I don't play one on TV.
He did stay at a Holiday Inn last night!

This is not the place to seek sound legal advice. Consult a lawyer for the consequences are dire.
Maromero is offline  
Old September 28, 2009, 10:04 AM   #5
Dragon55
Senior Member
 
Join Date: March 15, 2009
Location: East Tennessee
Posts: 811
If you are carrying a gun to a university where concealed carry is not allowed, what rights do you have against the police officers in school if they believe you are carrying?
------------instead of 'against' a better word should be used. Short answer is they can detain you then haul you to the pokey

What are they allowed to do in order to see if you are carrying a gun?
----------------search you

Are they allowed to search individuals, cars, backpacks?
-------------Yes... because concealed carry is not allowed.....

At what point?
-------------when you put a foot or a tire on the property
__________________
sailing ... A way to spend lots of money and go real S L O W
Dragon55 is offline  
Old September 28, 2009, 10:07 AM   #6
riggins_83
Senior Member
 
Join Date: January 19, 2009
Location: Wherever I may roam
Posts: 1,478
I can think of better ways of getting kicked out of college
__________________
l've heard police work is dangerous. Yes, that's why l carry a big gun. Couldn't it go off accidentally? l used to have that problem. What did you do about it?
l just think about baseball. -Leslie Nielsen
riggins_83 is offline  
Old September 28, 2009, 11:29 AM   #7
45Gunner
Senior Member
 
Join Date: August 8, 2009
Location: Boca Raton, FL
Posts: 1,652
I used to have a complete set of Rules for Carrying on University Property, and covered every state in the Union. Unfortunately, the rule book went down with my boat when it sunk.
__________________
May the Schwartz Be With You.
NRA Instructor

45Gunner
45Gunner is offline  
Old September 28, 2009, 11:38 AM   #8
Chris_B
Senior Member
 
Join Date: February 9, 2007
Posts: 2,820
Let's back up

Why exactly are the police suspicious and "beleive you are carrying" in our hypothetical situation here? I am not saying "carry anyway, who will know". I am saying this doesn't really add up. They can't just grab a random student and frisk him or her, they need a reason
Chris_B is offline  
Old September 28, 2009, 11:42 AM   #9
Brian Pfleuger
Staff
 
Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 17,501
Quote:
They can't just grab a random student and frisk him or her, they need a reason
They might not be able to grab a random student but they most certainly could search everyone entering a building, via any means made clear prior to entering.... x-ray, metal detectors.....



Secondarily, if the police are suspicious of your behavior, suspect that they see a weapon or are called by someone who did, then quite simply you have NO recourse at that moment. They WILL detain you, they WILL search you and if they find something on you then it will be automatic probable cause to search everything else.... car, locker, backpacks.... and if you resist, which would be your only recourse at that moment, then you will probably get a nice beat-down and be arrested and charged not just for the weapon violation but also resisting arrest.
__________________
Still happily answering to the call-sign Peetza.
---
You do not HAVE a soul. You ARE a soul. You HAVE a body.
-----
He is no fool who gives what he can not keep to gain what he can not lose.
-Jim Eliott, paraphrasing Philip Henry.
Brian Pfleuger is offline  
Old September 28, 2009, 11:51 AM   #10
Maromero
Junior member
 
Join Date: January 21, 2009
Location: Outside the continental U
Posts: 752
I'd say its more of a they won't instead of a they can't. It's just ridiculous, illogical and non practical. If any student, teacher or employee happens to see a gun, a silhouette, a bulge or anything that resembles a handgun, it's gonna be called in to the cops and/or the university security. Then, like peetzakilla said, your dead meat.
Maromero is offline  
Old September 28, 2009, 12:02 PM   #11
NJgunowner
Senior Member
 
Join Date: February 13, 2009
Location: NJ
Posts: 1,052
If you're in NJ they'd probably just shoot you first then claim you were reaching for it
NJgunowner is offline  
Old September 28, 2009, 12:08 PM   #12
mikejonestkd
Senior Member
 
Join Date: January 3, 2006
Location: Brockport, NY
Posts: 2,740
Here in NY the university police can legally search backpacks, personal belonging, purses...etc...when they are acting in the interest of the greater communities' safety - football games, concerts, entering buildings, or anytime you have been stopped for any just cause.

Carrying on a campus where it is prohibited is a great way to end your college career.
__________________
You are the bows from which your children as living arrows are sent forth.
mikejonestkd is offline  
Old September 28, 2009, 12:12 PM   #13
Glenn E. Meyer
Staff
 
Join Date: November 17, 2000
Posts: 15,115
I am uncomfortable discussing what to do if you deliberately choose to ignore school rules or break a law.

Talk to a lawyer if you interested in an academic manner but we shouldn't enable illegal behavior.

This is a different discussion from how to deal with a car stop when you are not engaged in suspect activity and your rights at the stop. The basic premise here is that you are in violation of rules and/or law.

Closed for that reason.
__________________
NRA, TSRA, IDPA, NTI, Polite Soc.
http://www.teddytactical.com/archive...05_Feature.htm
Being an Academic Shooter
http://www.teddytactical.com/archive...11_Feature.htm
Being an Active Shooter
Glenn E. Meyer is offline  
Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 04:45 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2013 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.08515 seconds with 7 queries