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Old April 11, 2010, 01:44 PM   #2
wally626
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Join Date: July 31, 2009
Posts: 642
http://www.virginia1774.org/GMULawsuit.html has copies of all the filings.

Very interesting case, most VA universities and colleges ban the possession of weapons by staff and students while on college property without permission.
The GMU regulation bans weapons to everyone, university affiliate or not. Cities, counties etc. in VA cannot ban weapons from public property unless the ban is in state law.

The law suit is over two issues, first is such a blanket ban constitutional and second can the ban be imposed by the university itself. The Judge ruled against the RTKABA (state and federal) angle by saying the university qualified as a sensitive zone and against the second argument by claiming the university had Sovereign immunity. I think the claimant (DiGiacinto) has a pretty good case on both grounds, but i am no lawyer. The key is really the second part of the suit. Can the university pass specific bans against weapons possessions by the general public when other public entities cannot. If DiGiacinto losses his appeal this opens up grounds for all the schools to ban weapon possession by the general public. Then it would depend on the Legislature clarifying the preemption law to say it really does apply to universities as well. One of the arguments the Judge used was that even though the GMU ban has been in place for a while the legislature has not done anything about it. The current VA senate leadership is hostile to gun laws although a few very popular ones made it through this session, one to allow University professors with CPP to carry on campus did not make it very far.
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