Author Topic: Macomb Community College no weapons policy.  (Read 4449 times)

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Offline dtmartin408

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Macomb Community College no weapons policy.
« on: July 26, 2012, 10:43:21 AM »
Can a community college have a no weapons policy?  From my understanding the pistol free zones on a college campus are a dormitory and classrooms.  Does the college have the right to ban firearms from the entire property?  Is MCC considered private property or are community colleges some how government property(city,county)?

Offline autosurgeon

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Re: Macomb Community College no weapons policy.
« Reply #1 on: July 26, 2012, 11:30:20 AM »
Community colleges derive their power from state law and thus can make policies that apply to students and staff. Visitors I am not really sure they have the power to regulate. Preemption would not apply as they are not a local unit of govt per say. They are similar to universities in that they are allowed to have their own security force although most contract with local LEO in their area.

CC cannot make ordinances or laws only policies and from my research it would seem they are limited to enforcing them on those that sign a contract with them.
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline T3000

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Re: Macomb Community College no weapons policy.
« Reply #2 on: July 28, 2012, 08:30:11 AM »
I dealt with this issue at Oakland University (through involvement with Students for Concealed Carry). The above comment is correct. Colleges and universities can make "rules" for faculty, staff, and students because they have entered into a contract to attend/work for the school(much like any other employer). However, Preemption does apply with respect to the general public. For example, if I were to walk on to MCC's campus carrying my firearm (not being a student or employee of the college), they can't really do anything (at least legally). Likewise, you could walk onto OU's campus carrying without fear of legal sanctions. Conversely, if you were to carry a gun onto MCC's campus (as a student), and you were found by campus security to be carrying, the college could not do anything legally (you would not be in violation of any state or local laws as long as you aren't carrying in state pfz's). However, they could hand out administrative punishment (ie, kick you out of school).

In my experience with SCC, it was explained to me that if the legislation, that has been proposed to remove PFZ's for cpl holders, is passed then colleges and universities may be compelled to change their rules. Because college classrooms and dorm rooms are on the list of places you can't carry concealed, schools have a stronger argument for their weapons bans.

If you are interested in this subject, I would highly suggest you look into Students for Concealed Carry http://concealedcampus.org/] [url]http://concealedcampus.org/[/url]

Offline TheQ

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Macomb Community College no weapons policy.
« Reply #3 on: July 28, 2012, 11:44:27 AM »
I'd get a lawyer's opinion first. CC's have police/police powers. I'd hate to see someone criminally charged. If you go speeding through a CC campus and their cops write you a ticket, where does that ticket go? My guess is the local district court.
I Am Not A Lawyer (nor a gunsmith).