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January 5, 2009, 05:11 PM | #51 | ||
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In general property owners' rights will trump second amendment rights, and in most cases I'd even argue that this is appropriate. Quote:
Up here even older, nontraditional students living in graduate/family housing, which are functionally no different than apartments, simply owned by the "school," are forbidden from keeping handguns or any loaded long guns in their units. There's also a fun "hunting" clause regarding long guns, so while vague I'm pretty sure a whole plethora of weapons that are otherwise legal off-campus are illegal for them. I say owned by the "school" because of course this is a public university, so these are theoretically state buildings (this is what they invoke for banning firearms and carry indoors elsewhere). The question I have is whether this even is legal. I seem to remember coming across a ruling (Tinker, perhaps? been a while, and I don't have time to look now) regarding situations in which an employer also acts as an agent of the state (in this case, a public school district). Thus they must have Constitutionally valid reasons for infringing rights that private employers would otherwise be free to, because they act as the state as well. I wonder if such a standard could ever be applied to situations in which the state acts as landlord (since it's essentially the state renting these housing units to families). At that point I see no way the ban in place at my university would pass Constitutional muster. It already failed in D.C., right? Of course, it would probably be a long legal battle to assert this, and with the average resident spending at most 4-6 years in such a situation the school will always have the upper hand...apathy is on their side. Or it's possible that this is simply Constitutional to begin with. |
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January 6, 2009, 12:12 AM | #52 | ||
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This issue has at it's crux the premise that campuses are private property and therefore have the right to assert their property rights over an individual's civil rights and the premise that laws against carrying on campuses are not unconstitutional based on those property rights.
Let's take away the private verses State ownership issue for a moment and just assume that they are all private as that is where the ownership rights causes the snag. Even if the streets and businesses areas and infrastructure and grounds are privately owned they operate open wide to the public. Not just open to the public as a mall or amusement park or grocery store are, but wide open in that the streets are always accessible, shops used by the residences of the city as well as those on campus, and are as public as any other place can be. Quote:
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Regardless of ownership, campuses are so wide open to the public they cannot constitutionally restrict law abiding citizens to responsibly carry while on campus. Surly the status of adult student doesn't make forfeit that students civil rights.
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If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen. Last edited by Bruxley; January 6, 2009 at 12:26 AM. |
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January 6, 2009, 01:02 PM | #53 | |
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January 6, 2009, 02:49 PM | #54 |
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My philosophical view is that companies have no right to control behavior that is not directly related to the job. Whether there are legal precedents for this or that - I'm not a lawyer. I speak from my viewpoint. You cannot be fired for behavioral actions not relevant to the job.
A company should only evaluate you on the job. If what you do doesn't interfer with the job - they should not be able to have policies against your actions. For example - it is quite reasonable to say you can't carry a gun around the MRI. That's dangerous. I might even go so far as to say that open carry might be forbidden as it might detract from dealing with some customers. But concealed carry wouldn't. Thus, if you wore a large Christian or Jewish or Islamic symbol around your chest outside your clothes - then that might be problematic - I saw an argument about this on the tube. But the company could not ban you from wearing a discrete cross, etc. under your shirt. If a guy wanted to wear ladies underwear - not the companies' business or if a woman was wearing boxers (seen it done - - but that's for my memoirs), not the company's business. There would have to be an evidential case made based on empirical data that licensed concealed carry is dangerous for the company to ban it under penalty of job loss. If not, then it is not their business and I am quite OK with legislation that prevents companies from engaging in control of the right for self-defense. The property right is a specious argument in this instance. I would remind you again, that property rights types on the Internet do not have the same motivation as companies. The latter ONLY carries about the bucks. You are not defending champions of liberty, here.
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January 6, 2009, 04:06 PM | #55 | |
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As an employer myself I have not made known a gun policy as asserting an 'allowed' or 'disallowed' position. Obvious reasons to not proclaim a 'guns allowed' need not be stated. When asked about the policy I have responded that if it is legal and unseen how could I have a problem with it. That has always been enough said about the matter. The premise that campuses bear some special standing seems to be hard to shake off for some. They have no such standing. Some are doing their reasoning off of an invalid premise which is yielding them invalid conclusions and evoking an acceptance of unjust policies/laws. I made a quite clear case that they are too public. They cannot usurp civil rights by policy or force of law.
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January 6, 2009, 04:20 PM | #56 |
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Just as an aside - years ago, my father's employer told him that he had to register in a specific political party to keep his job during the Depression.
Is that legit? What aspects of behavior not relevant to the job, can an employer control?
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January 6, 2009, 05:37 PM | #57 | |
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Bruxley, it is generally legally accepted that a business may post a "no firearms" sign in their window (as an example, the closest Jared jewelery store has one). Ignoring such a sign even carries legal reprecussions in certain states (though I do disagree with it here, it's not the government's responsibility to enforce inane company policies). Are these businesses somehow less public than a college campus?
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January 6, 2009, 07:04 PM | #58 | |
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January 6, 2009, 07:52 PM | #59 | |
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A business can request that no one be armed, but those bent on victimizing others will not heed, therefore I will not go defenseless. The most a business can do is ask me to leave if they discover that I have a weapon, and the only way that will happen is if I am forced to draw that weapon in response to unlawful threats to my safety.
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January 6, 2009, 08:33 PM | #60 | ||
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Campuses are more like small towns then shops. There are a wide variety of public uses going on and although certain building may be closed, a campus is perpetually open to the general public even between semesters when no classes are held. Here is the analogy that the SCOTUS used in the Marsh case cited above: Quote:
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If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen. |
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January 6, 2009, 09:32 PM | #61 |
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The thread above this one kindof hurt my head to read it (im tired) so I am just going to ask a simple question. Supposing I owned a college, And I am able to kick people off my campus for having weapons, Why couldnt I kick out black people?
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January 6, 2009, 09:41 PM | #62 |
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Because kicking someone off your campus is considered discrimination. And it's considered unlawful to discriminate based on race...
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January 6, 2009, 09:46 PM | #63 |
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So then kicking people with weapons of the campus isnt discrimination against people with weapons?
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January 6, 2009, 09:54 PM | #64 |
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The key phrase in the Marsh opinion, and what may help clarify the distinguishment is "Since these facilities are built and operated primarily to benefit the public and since their operation is essentially a public function, it is subject to state regulation.
That goes for a privately owned stretch of highway, but not a privately owned farm. It goes for a privately owned 'company town' but not a grocery store. It goes for a campus, but not a Wal-Mart. Farms, grocery stores, and Wal-marts are not for general public use, they are specific uses. They are not operated to benefit the public, they are operated to sell wares or services. Highways, 'company towns', and Universities are built and operated to benefit the public and their operation is primarily a public function therefore property rights become circumscribed by the statutory and constitutional rights of those who use it.
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January 6, 2009, 11:09 PM | #65 |
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The "target-rich backstop" theory:
If someone is intentionally slaughtering people, then the chance of a stray bullet hitting a bystander that was intended for the perpetrator is one worth taking. The perpetrator's next unchecked shot will likely take take down an innocent life anyway. Training issue: If the CCW training is insufficient for campus carry, then it's insufficient, period, and ought to be improved. Contrary to what scholastics like to imply about campuses, they are not holier ground than a movie theatre, grocery store, or bank property. Innocent life is present everywhere. |
January 6, 2009, 11:24 PM | #66 | ||||
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http://www.txdps.state.tx.us/adminis...ignposting.htm Now, that being said, I do not agree with such a law. I believe that it's withing the business owner's rights to ask you to leave but I'm against their inane policy being enforced by the law. Quote:
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January 6, 2009, 11:32 PM | #67 |
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Cawnc4: "people with weapons" aren't a recognized minority. And arguments suggesting that discrimination against race is equal to discrimination against "people with guns" does nothing to help our cause...
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January 6, 2009, 11:40 PM | #68 | |
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January 7, 2009, 12:09 AM | #69 |
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Race, gender, etc. are "protected classes," according to case law. Gun owners (people with weapons) are not a protected class. Hence, no possible discrimination.
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January 7, 2009, 12:29 AM | #70 |
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Webleymkv,
As a campus, I am referring to a wide area consisting of residential housing, shops, professional offices, theaters, museums, and a wide variety of actives available to the general public and open grounds available for general use by the general public, even University hospitals to serve the general public. ALL on campus. Not to mention public paved roads, water, sewer, and some provide their own electricity, phone, and INTERNET services which are accessible at any time while either on, or traveling through campus-even when no classes are being held. These are much more then the big classroom building with a parking lot you may be envisioning. University and college campuses are much more like a town within a city then they are a typical business setting. They are public places generally used by the surrounding general public for a great number things. Without being familiar with the area you could have gone to the bank, driven to a restraint and picked up lunch for you are a friend to meet and play football in one of the open areas, picked up a paper and met your date for a show and afterwords took a walk in the night and never known you had come onto campus. You could even get a place for the night so you can be close by for the parade and street fair the next day. Your hospital example causes me to think your not getting the concept of general public use. Try reading the Marsh opinion if you haven't already and put in 'campus' where they talk about Chickasaw. You'll see that it fits like a glove on a hand how campuses, especially the larger ones, are run, built and arranged and what the justice state about the conpany toen in the case. Maybe the opinion itself will do a better job of illustrating the distinguishment between privately owned businesses that are open to the public and privately owned facility built and operated to benefit the public and since their operation is essentially a public function, it's owner's property rights become circumscribed by the statutory and constitutional rights of those who use it. If a University campus were just a big building and a parking lot that's singular activity were holding class rather then of a small community within a larger municipality then the rebuttals you present might make comparing them with retail stores or a hospital might be more compelling.
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January 7, 2009, 10:03 AM | #71 |
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Bruxley, I think I understand your point about large university campuses and agree that such an institution has no right to ban guns in the private businesses and roadways that happen to fall within the campus area. I do, however, maintain that it is within their rights to ban guns, with properly posted signs, within buildings that belong to the college.
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January 7, 2009, 11:14 AM | #72 |
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So we accept that banning discrimination against protected classes (race, etc.) is the law of the land. I have no use for those who want to maintain that they have the right to discriminate (just get that out there).
Should not our goal be that the right to carry a firearm (except for techincal reasons - MRI example), be similarly protected as a fundamental characteristic and right. Thus, bans are as discriminatory as racial, etc. bans. Or are 'property rights' so important? Recall, I see no business types going to war over having to have toilets or no cooties in your pizza. About training - there is a subtle issue here: 1. If the state allows carry - then the training should whatever is mandate by that state's carry law. What that should be is a separate issue. 2. If you ask the college administration to grant you carry permission, separate from state laws (they can do that) - if I were a president, I would ask a potential carrier if they have trained for a high intensity gun fight. 3. If you do see yourself as a protector of the young and proactive (another debate about what you want for a role) and make that argument, you are not as defensible if you have taken the time to train. 4. As I mentioned before about the backstop problem, it's well know that a death of an innocent caused by taking some action is emotionally unacceptable to many even if a cost benefit analysis suggests it is sensible.
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January 7, 2009, 11:41 AM | #73 | |
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However, if the choice is safety or employment then the employer has offered you an immoral (but maybe legal) choice that you might disobey in good conscience.
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January 7, 2009, 12:32 PM | #74 |
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TG - that's why I stated my opinion. Companies can, in some states fire for no discernible reason, but if all the Jews were fired on a given day - then here current laws come into play.
I would extend similar analyses to the RKBA. It would not be allowed to fire those who carry for that stated reason. If we saw a discernible pattern of CCW/CHL employees being fired, then as with any other protected class discrimination pattern, the employer then gets their butt kicked. About the moral choice of not following a company policy - that unleashes theories of morality and levels of actions. Some will say that disobeying based on a higher principle is moral. Some will say that if you knowingly agree to a principle in public but disobey for your own self interest - that is not moral. Disobeying for a higher moral principle is legit, though - but then you have to act on that principle. So, for a quite silly example - Rosa Parks disobeyed and made a moral stand. If she had tried through a disguise to pass as white to sit in the front of the bus, just to have a good seat - then that might not be seen, by some, as a greater moral action. Whether there is moral decision making without some ultimate self-interest is one debated by folks for a zillion years. To return to the point. I regard carry as a basic right and support legislation to remove the ability to modify employment based on carry (except for techy stuff). Current laws need to be changed on this regard.
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January 7, 2009, 09:19 PM | #75 | |
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To use your Rosa Parks example, had Rosa Parks been refused a seat on the bus because she was wearing a tee-shirt with derogatory phrases about whites on it, I'd say that the bus company's action is completely justified. However, her race was something that she had no control over as she did not choose to be born black, white, asian, latino or any other race. As such, the bus company's actions were unjust as she was punished for something over which she had no control and did not harm or otherwise infringe upon the rights of anyone else. You have to look at this from another perspective. Some people may not feel safe or comfortable working, doing business, or otherwise having activity in a place where people may be carrying firearms. Is that belief rational? I don't think so but that's their belief and I have no right to impose my belief on them just as they have no right to impose theirs on me. If the decision of whether or not to allow firearms was left up to the individual institution, then both that person and myself have the freedom to work, do business, or pursue an education in an institution that is in line with our beliefs. A law saying that an entire group of institutions must allow carry is just as oppressive as one banning carry in an entire group of institutions. Obviously there are exceptions as Bruxley has pointed out, but college owned facilites such as classroms, offices, stadiums or gymnasiums do not fall within such exceptions. |
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