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Students for Concealed Carry Sues Ohio State University

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FOR IMMEDIATE RELEASE

Students for Concealed Carry Sues Ohio State University

(Columbus, Ohio) – July 7, 2014 – This week Students for Concealed Carry Foundation, Inc. filed a lawsuit in Franklin County Common Pleas Court challenging The Ohio State University’s authority to ban lawful possession of firearms by students, faculty, staff, and other affiliates on its campuses.

The group, 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 the certain provisions in the Student Code of Conduct.

Michael R. Moran, a Columbus attorney representing the groups, points out that 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.”

Moran is joined by attorney Derek DeBrosse of Barney DeBrosse, LLC who stated “The Ohio Revised Code is clear that the legislature retains sole authority to regulate the possession of firearms.” He added that “Ohio State’s policies are in direct violation of the law.”

Trial date is set for July 14, 2015.

The complaint as filed can be accessed here.

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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.

CONTACT:
Zachary Zalneraitis
Director of Public Relations
Students for Concealed Carry
Zachary.Zalneraitis@ConcealedCampus.org

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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.

Website Repairs

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Students for Concealed Carry has recently been the target of a malicious attack on our website. Many of you may have noticed changes in our banners and pages over the last couple weeks as we work to restore the site to its previous working order.

Unfortunately, the most recent database we were able to recover dates back to 2011, so most of our most recent posts and recently created pages have been lost. We are working to get contacts and other information back up to date, but as all of our board members and technical staff are volunteers, there are limited resources available.

Please bear with us as we work to recover and bring the operations back online.

Is Campus Carry Legal in Georgia?

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Question: Is College Campus Carry Legal as of July 1, 2014 in Georgia?

Quick Answer: After our best analysis, SCC says “yes” with ~80% confidence. Even if it is legal, if your college finds out, they may be able to discipline you. Also remember that ignorance of the law is no excuse, so if we are wrong and it is illegal, that may not end well for you. Ultimately, your obedience to the law is on you and you alone. If you choose to carry given these considerations, we implore you to carry with discretion (which frankly you should under any circumstances; that’s part of the point of concealed carry). Also, please keep aware of our page for future updates as we get further information.

Idaho Campus Carry Signed Into Law

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For Immediate Release

Idaho Governor C.L. “Butch” Otter has signed campus carry bill SB1254 into law, which is expected to go into effect on May 21, 2014 (60 days after the Idaho legislative session ends). The bill allows law abiding adults over the age of 21 who have been issued an Idaho enhanced concealed carry permit to be able to carry a firearm onto most parts of campus without fear of reprisal from university policy.

With the passage of this bill, Idaho joins the states of Colorado, Kansas, Mississippi, Oregon, Utah, and Wisconsin which have provisions for law abiding citizens to be able to carry firearms onto parts of campus grounds proper. Some additional states such as South Carolina allow licensed persons to store firearms in a car, but otherwise forbid firearms on college campuses. While Idaho will not allow firearms into dormitory buildings or into campus building hosting a sporting competition or similar events, this measure allows students in Idaho to join their counterparts in Colorado and Utah in being able to defend themselves while attending class.

“This is a major step forward for Idaho, and for our nation as a whole”, said Kurt Mueller, Students for Concealed Carry’s Director of Public Relations. “We have seen these policies in effect in other states without the massive negative consequences predicted by our opposition, and we have every expectation this will likewise be Idaho’s experience.”

Students for Concealed Carry is working to ensure that the momentum from this move will spread to similar efforts underway in nearby states, particularly Texas. “Texas has proposed campus carry a few times over the past couple of years, with various versions being passed by either the Texas House or Senate. We hope that the shared experience of its sister states will show Texas and the rest of the nation that these types of laws are successful and do not impact the academic mission of universities.”, Mueller said.

CONTACT
Zachary Zalneraitis, Director of Public Relations, Students for Concealed Carry
Zachary.Zalneraitis@concealedcampus.org
http://www.ConcealedCampus.org
ABOUT STUDENTS FOR CONCEALED CARRY – Students for Concealed Carry (SCC) is a national, non-partisan, grassroots organization comprising college students, professors, college employees, parents of college students, and concerned citizens who believe that holders of state-issued concealed handgun licenses should be allowed the same measure of personal protection on college campuses that current laws afford them virtually everywhere else.  SCC has members in all fifty states and the District of Columbia.  SCC is not affiliated with the NRA or any other organization.    For more information on SCC at the national level, visit ConcealedCampus.org.

When may a student be treated as an adult?

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The New York Times Op-Ed titled “When May I Shoot a Student?” is an excellent example of the hyperbole and misinformation present whenever opponents of self-defense choose to ridicule the campus carry movement rather than have a meaningful discussion.

Idaho Protestors SB 1254

The simple fact of the matter is that the current “gun-free zone” policies fail time and time again to prevent violent crime on campus, and the predictions of shootouts in the streets are the same ones that have not materialized elsewhere as the right to self-defense has been strengthened by “shall-issue” laws and the removal of concealed carry prohibitions.

The crumbling foundation of the argument in “When May I Shoot a Student?” is based on the false notion that concealed carry on campus would change who is eligible to carry a concealed firearm, and that all people on campus are “drunken frat boys.” The first statement is patently untrue, and the second is an ignorant and insulting stereotype.

As written, Idaho Senate Bill 1254 addresses multiple issues with regards to concealed carry. First, it restates the prohibition on carrying a firearm on or about the person while under the influence of an intoxicating drink or drug. It also adds to that section a penalty revoking the concealed carry license for a period of three years should that violation occur on a college campus.

The second part of the bill redefines the authority of administrations of public universities to rules and regulations pertaining to firearms, except for regulating or prohibiting the otherwise lawful possession of a firearm by someone licensed by the state. Concealed carry licensees would still be prohibited from carrying their firearm in campus housing or public entertainment facilities including stadiums and arenas.

Finally, the bill establishes civil immunity for the administrations of universities for suits arising out of policies to allow or not specifically prohibit the lawful possession and storage of firearms on their properties.

The people who would subsequently be allowed to lawfully carry on campus are the same ones that carry at the movie theater, grocery store and restaurant across the street from campus right now. They are over 21, and have been trained, fingerprinted and background checked by the state. The notion that these same adults, if allowed to cross an invisible property line onto campus, would suddenly become reckless and dangerous is frankly absurd.

Another telling statement made by the author is he has “had encounters with disgruntled students over the years, some of whom seemed quite upset, but [he] always assumed that when they reached into their backpacks they were going for a pencil.” This falls under the myth that somehow a sign and a policy would keep someone intent on committing a violent crime from bringing an illegal firearm into the classroom.

“In terms of the campus murder rate — zero at present — I think that we can all agree that guns don’t kill people, people with guns do.” This argument, that a place is too safe to allow people to take responsibility for their own self-defense, also seems fundamentally flawed. How dangerous would an area have to be before self-defense is allowed? How about the three forcible rapes and three aggravated assaults reported by Boise State University in 2012? Or does it have to be as severe as the 32 people killed and 17 injured in the “gun-free zone” at Virginia Tech in 2007?

While the author presents his (hopefully) facetious examples how he would recklessly respond to incidents on campus if lawful concealed carry were allowed, projecting his lack of self-control and understanding of lawful use of force onto all licensed adults is uncalled for. These adults have been declared mature enough to incur tens of thousands of dollars in student loans, choose the next President of the United States, and yes, even enlist in the military or police force to protect him. Who is he to declare that they should not be allowed to defend themselves from threats that clearly exist on college campuses?

As the list of places where campus carry prohibitions are lifted continues to grow, we still have yet to see the doom and gloom scenarios of opponents materialize, and often violent crime even decreases. If there is no evidence that concealed carry makes campuses more dangerous, and the possibility exists that they could become safer, shouldn’t legislators and administrators err on the side of letting students, faculty and the public retain their right to self-defense?

Gonzaga University Case Highlights Double Standard

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Two Gonzaga University students face expulsion this week after they used a pistol to defend themselves at their apartment.

Roommates Erik Fagan and Dan McIntosh, both seniors, used a pistol to fend off John Michael Taylor, a felon who flashed his ankle bracelet in an attempt to intimidate them and gain entry to their university owned apartment. The Gonzaga Bulletin reports they called police and Taylor was apprehended. Their phone call to Spokane Police Department triggered another visit from campus security. But instead of showing an interest in the felon threatening students, campus security was interested in Fagan and McIntosh.

Possession of a firearm on university property is prohibited. Campus security confiscated the firearms and referred the incident to the University Discipline Board. The two attended a board hearing Friday and await the outcome this week.

It is key to note that while Gonzaga is a private institution and is rightfully free to regulate firearms possession on its property, it is following policies in place at public schools that are not only specifically permitted by law, but codified as law.

WAC 478-124-020 prohibits “possession or use of firearms, explosives, dangerous chemicals or other dangerous weapons or instrumentalities on the university campus, except for authorized university purposes, unless prior written approval has been obtained from the university chief of police, or any other person designated by the president of the university.”

WAC 478-124-030 provides that any “person while on the university campus who willfully refuses the request of a uniformed campus police officer to desist from conduct prohibited by these rules may be required by such officer to leave such premises.” Failure to leave the premises is considered criminal trespass in the first degree. Criminal trespass in the first degree is a gross misdemeanor punishable by 364 days in jail and a $5,000 fine.

The same section of code that gives non-affiliates two chances before facing any serious sanctions ramps up to serious sanctions for affiliates immediately. “Disciplinary action which may result in dismissal from the university will be initiated against faculty, staff, or students who violate these rules.” University affiliates get no such free pass.

The sanctions sometimes carry consequences so severe that even where otherwise permitted by law affiliates will follow policy and not carry. Even if they choose to ignore policy and follow law, the resulting court case can take as long as two years. By this time, the affiliate’s life may have been damaged beyond repair.

University affiliates often face double standards. These double standards are usually put into place by the university as a result of limited authority. However, in Washington State, the double standard is law.

One should not be forced to surrender his or her rights when seeking or supporting an advanced education.  Public university affiliates should get the same treatment as non-affiliates with respect to firearms on campus. Anything otherwise creates a second class of citizens where affiliates are the lesser.

Damn the rules! Just carry anyways!

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We often get people posting to our Facebook page telling us to just carry our guns anyway. “Concealed means concealed!” they’ll say. What they often overlook are the consequences.

We don’t.

It’s not as simple as being fired from a job as a convenience store clerk.

It’s not as simple as a pleading out to a misdemeanor.

For students, faculty, and staff, being caught with a gun on campus can carry consequences as severe if not more than a felony, even on campuses where they are permitted by law.

Heather’s story highlights just how severe violating policy, even while obeying the law can be. Instead of being able to take measures to defend herself against an active stalker, she was forced to decide between the possibility of a violent attack and expulsion from dental school with only a year left. Both carry severe consequences.

She could’ve kept her firearm in her car, increasing the odds she wouldn’t fall victim to her stalker. She could not keep her firearm in her car, ensuring she wouldn’t face administrative action. In the end, she chose the latter.

Yes, keeping a gun in her car may have saved her life or prevented a rape. But, at what cost? Never realizing her dream of being a dentist, something that she has devoted her entire adult life to achieve?

For her, expulsion was the equivalent of a life sentence.

But, why must she choose? Why must she, a lawfully licensed concealed handgun carrier, be forced to yield the upper-hand to someone intent on doing her harm? How is disarming her keeping anyone else safe?

Tips for a Successful Empty Holster Protest

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Empty Holster Protest is less than two weeks away. It’s time to put things into high gear if you want to have a successful protest. Following these simple steps will help ensure a successful protest.

First, focus on fliering. There should be fliers going up all around your campus. You should flier, flier, flier and when you’re done, flier some more. Don’t be afraid to get your friends and people outside of your campus chapter to help flier.

There are some great flier ideas here. You’ll notice a couple of them include QR codes. QR codes are easy to make. There are loads of free generators on the internet. Consider making one that points to your group’s Facebook page and then use your page to generate interest, build excitement, and spread information about the upcoming protest.

In addition to fliering, you will want to contact the appropriate police departments and local media.

University police often have difficult jobs. Make their lives easier by letting the departments know students will be wearing empty holsters during the week and where you plan to have your “flagship” sign protest. You don’t need permission, but a little heads up will help everything run smoothly.

Alerting the media as well is one of the best ways to ensure maximum exposure. A sample is attached. Media Advisories are just that; an advisory. They need to be short and concise while still getting the point across. They should be no more than a page in length. You should send one of these to every local media outlet possible, including your school newspaper. Just visit their websites for contact information. Don’t be afraid to send one out the week before and the day prior as well.

On the day you plan to actively protest with signs and distribute literature there are a couple of things you can do to help reduce trouble. First, you should be courteous and respectful to everyone you encounter. If someone approaches you from a position of vitriol and berates you, just smile and move on to the next person. If someone engages you respectfully, then by all means speak with them and hand them some literature. People who aren’t engaging you are watching. Your demeanor will speak volumes to them.

Consider getting a digital voice recorder and record your interactions during the active protest. Actually, it’s a good idea to do so all the time. In Ohio, a conversation can be recorded as long as one person knows about it. Laws vary, so make sure you check your local laws.

If the police or a university official tells you to move or otherwise stop your activities, do so. Don’t argue. Don’t debate. The time for conflict resolution is not during an active law enforcement encounter. Get the officer’s badge number or university official’s name and seek appropriate remedy afterward. Of course, if you notify them beforehand, you probably won’t encounter this.

Use your group’s Facebook page to build excitement and interest by posting photos and updates during the event itself.

Immediately after the active protest, send out a press release and a few photos the day after the protest to all of your local media. Attached is a sample. Press releases can be two pages in length but work best when they are one page. It helps add legitimacy if the contact information of someone not named in the press release is used. You can still mention the person named in the release as in the sample.

The “National Conversation” is Missing a Key Component

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The tragedies of last year have renewed national gun-control efforts as well as efforts in many states. Gun-control advocates are asking for a national conversation on gun crime saying that we must do more to reduce the senseless deaths. We agree and would like to pose one question.

How would things be different in Newton, Connecticut if just one person in the Sandy Hook Elementary School were able to meet that madman with tools of equal force?

 
Dawn Lafferty Hochsprung, principal at Sandy Hook Elementary School shown in 2010, has been referred to as a 5’2″ raging bull.

Sandy Hook Elementary School Principal Dawn Lafferty Hochsprung, who has been referred to a “5-foot-2-inch Raging Bull,” lunged at the shooter in an attempt to disarm him. Her efforts, though valiant, were fruitless. How more effective would she have been if she were able to possess a tool of equal force?

We can’t say for sure. But we can point to several instances where armed resistance has helped to minimize tragic loss of life in situations like the one that day.

Mass shootings just don’t occur in carry-friendly zones.

With just one single exception, the attack on congresswoman Gabrielle Giffords in Tucson in 2011, every mass shooting (which the FBI defines as one with four or more victims) has occurred in a location where firearms were banned.

The Aurora shooter chose the barrel in which he shot his fish victims with care. There were seven theaters inside a twenty mile radius of his home showing the Batman movie he was obsessed with that night. Choosing a theater that banned firearms ensured he wouldn’t meet any of the 4% of Coloradoans possessing concealed weapons permits. The Cinemark Theater with a policy and signs banning firearms was the perfect choice for him.

In fact, a recent study on the subject of mass shootings and concealed permit laws by Dr John R. Lott, Jr. and William M. Landes of the Chicago University School of Law, concludes “that the only policy factor to influence multiple victim public shootings is the passage of concealed handgun laws.”

Evil exists. We are not going to legislate it away. We are not going to counsel it away. We are not going to medicate it away. It has been part of the human experience since the beginning of time and it will remain part of the human experience until there is no human race. The fact that we will never eliminate it is a hard pill to swallow.

But it is one we must swallow if we are to address crime. Instead of looking to our lawmakers to make more laws that will only empower criminals, we need to demand they restore our right to self-defense. Concealed carry works. Elimination of gun-free zones, including college campuses, needs to be part of our discussion.

Press Release: Student Group Calls for Legal Guns on Campus

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FOR IMMEDIATE RELEASE:

Students for Concealed Carry called for allowing concealed carry licensees to be armed on college campuses today, arguing that college gun bans put students at risk.

“For years, colleges have cultivated a deadly illusion that a gun-free policy makes us safer,” said David Burnett, the group’s spokesman. “The mass shootings we’ve seen in recent years only prove killers don’t play by the rules. Today we’re calling on legislators in every state to change those rules and stop colleges from trampling on the rights of good people wanting to defend themselves.”

“The current rules guarantee criminals a free shot,” said Burnett. “Allowing licensed concealed carry would give potential attackers pause and ultimately give innocent victims a fighting chance,”

The group was founded after the Virginia Tech massacre in 2007, and has already helped reform firearm regulations in six states, most recently by bringing suit in Colorado where a state Supreme Court victory brought the number of colleges allowing concealed carry to over 200. Six more states are considering similar changes.

“For years, colleges have been allowed to usurp the roles of elected officials by banning concealed carry,” said Alan Baker, the group’s legal liaison. “Permit-holders are cleared to carry in public by their governor, their legislature, their state police and the FBI. Posting signs requiring them to leave their guns at home is an ineffective and discriminatory practice, making the campus more appealing to criminals.

Many groups have criticized the idea, saying more guns would lead to more crime. Burnett contends that hasn’t happened.

On campuses where lawful carry is allowed, crime hasn’t increased. In most cases it goes down. We’re not talking about arming juveniles. These are faculty members, military veterans, responsible adults. They already have permits and already carry everywhere else, so why should colleges be any different?”

The group is organizing an Empty Holster Protest in April, but takes no stance on regulations related to other types of firearms or on policies affecting K-12 schools.

CONTACT:
Zachary Zalneraitis
Director of Public Relations
Students for Concealed Carry
media@concealedcampus.org

ABOUT:
Students for Concealed Carry is a national, non-partisan, grassroots organization comprised of over 40,000 supporters which advocates for legal concealed carry on college campuses.