Home Press Releases Judge Rules Students for Concealed Carry Can Sue Ohio State University

Judge Rules Students for Concealed Carry Can Sue Ohio State University




DATE: May 16, 2017

(Columbus, Ohio) – Last week Students for Concealed Carry Foundation, Inc. won a strategic victory in its lawsuit challenging The Ohio State University’s authority to ban lawful possession of firearms by students, faculty, staff, and other affiliates on its campuses.

Marion County Common Pleas Judge Jim Slagle ruled in the group’s favor in response to Ohio State’s motion to dismiss, affirming their legal standing to bring suit against the university.

Judge Slagle ruled that Michael Newbern, plaintiff, has standing as a continuing education student to challenge the student code of conduct and as a contract faculty member to challenge the Human Resources Policy, both of which broadly ban firearms on campus. A violation of either firearms ban carries heavy penalties.

“Expulsion from Ohio State for a firearms related incident carries severe consequences for a law-abiding student including an academic record blemish that can virtually guarantee the disciplined student may never earn an accredited degree.” Michael R. Moran, a Columbus attorney representing the plaintiffs said., “For the faculty member who’s devoted his or her life to academia, such a disciplinary action would be career ending.”

Students for Concealed Carry Foundation, joined by Ohioans for Concealed Carry, believes that Ohio State’s campus gun ban unlawfully infringes on fundamental constitutional rights. It also disarms students to and from campus, leaving them vulnerable to violent crime on their commute in what is historically a high crime area, the University District. While Ohio law permits a concealed handgun licensee to store a firearm in a motor vehicle on OSU’s campuses, a student could face administrative sanctions from the university including expulsion due to certain provisions in the Student Code of Conduct. Standing of both groups was also affirmed in Judge Slagle’s ruling.

“The Ohio Revised Code is clear that the legislature retains sole authority to regulate the possession of firearms.” Moran’s co-counsel Derek DeBrosse of Barney DeBrosse, LLC said. “Ohio State’s policies are in direct violation of the law. The law and the Constitution are clear; no person should have to choose between his or her right to selfdefense and education or career.”

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Derek A. DeBrosse, Esq., Barney DeBrosse, LLC can be reached at derek@barneydebrosse.com or 614.326.1919.

Michael R. Moran, Esq., Michael R. Moran Co., LPA can be reached at mrmoran@mrmoran.com or 614.476.6453.

Students for Concealed Carry Foundation, Inc. is a nationwide, non-partisan student organization founded to perform scholarly legal and public policy research, to educate the public concerning issues of civil liberties pertaining to firearms at postsecondary educational institutions through conferences and other media, and to engage in legal action when necessary to fulfill the objectives of the organization.

Ohioans for Concealed Carry, founded in 1999, is an all-volunteer, grassroots organization dedicated to preserving and expanding the rights of all law-abiding gun owners in Ohio.


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