Author Topic: Campus carry in Alaska  (Read 4139 times)

Matthew Carberry

  • Formerly carebear
  • friend
  • Senior Member
  • ***
  • Posts: 5,281
  • Fiat justitia, pereat mundus
Campus carry in Alaska
« on: April 25, 2009, 04:41:57 PM »
Currently barred by policy in the State University system (since 95 after we got CCW).

An extension group of the Students for Campus Carry had a little protest a couple days ago of which I was unaware.

http://www.adn.com/tales/story/770932.html

I got in on the comments, call me Mr. Rational.

Coincidentally I have been working on legislation for the next session on the topic.  Looks like I was overtaken by events.  Per the comment by the University spokesperson I am going to get with the local SCCC group and work up a presentation for the University Board of Regents and friendly Legislators (they can provide pressure of the "do this or else" variety).  I may be asking for help on facts on states that currently allow it. I definitely need help with PowerPoint.

Anyway, this will be my first foray into actual advocacy.

Wish me luck.
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

Standing Wolf

  • friend
  • Senior Member
  • ***
  • Posts: 2,978
Re: Campus carry in Alaska
« Reply #1 on: April 25, 2009, 08:33:05 PM »
Best of success to you! College students' lives are worth protecting just like everyone else's.
No tyrant should ever be allowed to die of natural causes.

Matthew Carberry

  • Formerly carebear
  • friend
  • Senior Member
  • ***
  • Posts: 5,281
  • Fiat justitia, pereat mundus
Re: Campus carry in Alaska
« Reply #2 on: April 25, 2009, 09:32:06 PM »
Best of success to you! College students' lives are worth protecting just like everyone else's.

Most of our state college students are 21 and up.  They are already able to carry everywhere else.

This is almost as much about convenience for us commuters as it is safety.  right now you can't even lock the gun in your car on campus.
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

stevelyn

  • friend
  • Senior Member
  • ***
  • Posts: 1,130
Re: Campus carry in Alaska
« Reply #3 on: April 27, 2009, 10:58:31 PM »
Good luck Carebear. I didn't know anyone else was interested in campus concealed carry up here.

I'm currently drafting a letter to one of our junkyard dog reps to lift the school grounds prohibition on concealed carry for introduction in the next legislative session using UT or OR's CC laws as a model (both states allow school/campus carry).

If worded correctly, it could have a ripple effect of lifting bans on UA campuses.
Be careful that the toes you step on now aren't connected to the ass you have to kiss later.

Eat Moose. Wear Wolf.

Matthew Carberry

  • Formerly carebear
  • friend
  • Senior Member
  • ***
  • Posts: 5,281
  • Fiat justitia, pereat mundus
Re: Campus carry in Alaska
« Reply #4 on: April 28, 2009, 04:52:26 PM »
Steve,

Right now it is absolutely legal to carry on the college campuses, you can't be charged with a gun crime.  It merely violates their policy with the only punishment being suspension or expulsion.

Like the library or Sullivan arena or anywhere else that's posted in town, all they can do is ask you to leave if they find out you're carrying and, if you refuse, charge you with trespassing, not Misconduct involving Weapons.  Changing state law to allow carry on K-12 property won't change that unless it is written to actively make bans unlawful.

I'm starting out by trying to get UAA to voluntarily change its policy, thinking a state institution in particular shouldn't be able to abrogate a defined right (self-defense) per state law and the state Constitution.

If they refuse I will go to the Legislature to get it explicitly stated in statute that Universities, public or private, cannot prevent carry per state law.

Since state law allows for permitless open and concealed carry, that's what I'm starting with, with the idea of negotiating away open carry if absolutely necessary to get it passed.  Not fond of throwing open carry under the bus but with CCW requiring no expense or permit and no penalty for flashing or accidental exposure it is really a semantic issue in this state.  Just untuck your shirt while on campus and, voila, you are home free.

Steve,

Something I ran into in a thread online.  I think my reasoning is correct.

Alaska doesn't require a permit to carry a loaded weapon concealed or openly, on the body or in a vehicle. 

Federal law only allows for carry of loaded weapons, on the body or in a vehicle, within 1000 feet of a K-12 school with a state permit.

My AK CHL expired a few years back, I am now breaking federal law multiple times every time I drive through town.  Folks who open carry or carry in their car, for which a permit was never required, are also Federal scofflaws.  In a small town I assume it gets more ridiculous.

I am going to write a letter to the local Federal prosecutor and get his opinion on that.

Given that many more states allow permitless carry (usually openly) now than in '86 when the Gun-free School Zone Act passed, it might be time to get our and Vermont's legislators angling to at least remove the 1000' nonsense and restrict "school zone" to mean "school property".
 
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

Firethorn

  • friend
  • Senior Member
  • ***
  • Posts: 5,789
  • Where'd my explosive space modulator go?
Re: Campus carry in Alaska
« Reply #5 on: April 29, 2009, 01:48:07 PM »
to at least remove the 1000' nonsense and restrict "school zone" to mean "school property".

I'd tend to say 'school building'.

Of course, I'd tend to allow carry anywhere except an actual jail, prison, or courthouse.

Matthew Carberry

  • Formerly carebear
  • friend
  • Senior Member
  • ***
  • Posts: 5,281
  • Fiat justitia, pereat mundus
Re: Campus carry in Alaska
« Reply #6 on: April 29, 2009, 03:09:04 PM »
I'd tend to say 'school building'.

Of course, I'd tend to allow carry anywhere except an actual jail, prison, or courthouse.

Yeah, but you're a well-known gun nut.  =D
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

stevelyn

  • friend
  • Senior Member
  • ***
  • Posts: 1,130
Re: Campus carry in Alaska
« Reply #7 on: April 29, 2009, 11:05:11 PM »
Quote
Right now it is absolutely legal to carry on the college campuses, you can't be charged with a gun crime.  It merely violates their policy with the only punishment being suspension or expulsion.

I didn't know that. I was always under the impression it included UA campuses too since they were state schools. I've never had to deal with it before.

All of my MIWs cases are alcohol and gunpowder related. =D


Quote
Federal law only allows for carry of loaded weapons, on the body or in a vehicle, within 1000 feet of a K-12 school with a state permit.

I'm thinking that or a part of it was struck down in a court case sometime back.

Even though, since permitless carry is state law, I'm thinking that carrying within the 1000 ft zone would be in compliance with both.


Quote
Folks who open carry or carry in their car, for which a permit was never required, are also Federal scofflaws.  In a small town I assume it gets more ridiculous.

I don't know if you've been to a bush village or not, but in a good portion of them there's not many places you can go within the village itself where you're not within 1000ft of the local school. Technically speaking nearly every residence would be in violation of the 1000 ft zone.

BTW, Rep. Mike Kelly in Fairbanks would be a good guy to start the legislative ball rolling if you need to.  :cool:
Be careful that the toes you step on now aren't connected to the ass you have to kiss later.

Eat Moose. Wear Wolf.

Matthew Carberry

  • Formerly carebear
  • friend
  • Senior Member
  • ***
  • Posts: 5,281
  • Fiat justitia, pereat mundus
Re: Campus carry in Alaska
« Reply #8 on: April 30, 2009, 03:52:31 PM »
Thanks Steve.

I don't think we'd have much trouble changing state law regarding adults on college campuses, we'd have a majority in both houses and teh governor will sign.  Whoever she picks as AG will support it as well.

We're still going to try to get the UA Board of Regents to do it voluntarily though.  Show that we're reasonable and willing to work within the system.

I assume if UA agrees it would inspire some students next door at APU, the private school, to ask for it as well.  Alternately they could start agitiating against it, sorta forcing the Legislature to act. 

The UA Board of Regents meeting is in Fairbanks on June 3rd, I'll be road-tripping up there to speak my 3 minute piece during the open comment period.
"Not all unwise laws are unconstitutional laws, even where constitutional rights are potentially involved." - Eugene Volokh

"As for affecting your movement, your Rascal should be able to achieve the the same speeds no matter what holster rig you are wearing."

stevelyn

  • friend
  • Senior Member
  • ***
  • Posts: 1,130
Re: Campus carry in Alaska
« Reply #9 on: April 30, 2009, 11:21:07 PM »
My main goal is to lift the prohibition on K-12 school grounds carry. To me, it makes no sense at all for parents to have to make an extra trip or arrangements to disarm before picking up or dropping off their kids at school. Granted I don't personally know of any officer or trooper that would actually enforce it without aggrivating circumstances, but why chance it?
Be careful that the toes you step on now aren't connected to the ass you have to kiss later.

Eat Moose. Wear Wolf.