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To: Mr. Blonde

>So what do you prefer?

The direct reading of the Law.
Consider this; the New Mexico State Constitution has the following:
Art II, Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational
use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality
or county shall regulate, in any way, an incident of the right to keep and bear arms.

Yet there is the following State Statute:
NMSA 30-7-2.4. Unlawful carrying of a firearm on university premises; notice; penalty.
A. Unlawful carrying of a firearm on university premises consists of carrying a firearm on university premises except by:
(1) a peace officer;
(2) university security personnel;
(3) a student, instructor or other university-authorized personnel who are engaged in army, navy, marine corps or air force reserve officer training corps programs or a state-authorized hunter safety training program;
(4) a person conducting or participating in a university-approved program, class or other activity involving the carrying of a firearm; or
(5) a person older than nineteen years of age on university premises in a private automobile or other private means of conveyance, for lawful protection of the person’s or another’s person or property.

B. A university shall conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises.

C. As used in this section:
(1) “university” means a baccalaureate degree-granting post-secondary educational institution, a community college, a branch community college, a technical-vocational institute and an area vocational school; and
(2) “university premises” means:
—(a) the buildings and grounds of a university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; or
—(b) any other public buildings or grounds, including playing fields and parking areas that are not university property, in or on which university-related and sanctioned activities are performed.

D. Whoever commits unlawful carrying of a firearm on university premises is guilty of a petty misdemeanor.

Now, is it legal for me to open-carry on Campus? Why or why not? {By going for direct-readings rather than past decisions I force this contradiction within the law into the light; basing a decision on the past-decisions allows the State to ignore this issue altogether.}


40 posted on 09/25/2010 9:41:19 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

I have an incredibly hard time believing that any lawyer trying to get open carry allowed on university campuses would fail to mention the state constitution. If they did, I hope their client sued them for it.

And even still there is a place for case law and precedence where the law is not as explicit. Or there are jurisdictional issues for the court. Then the precedence is all there is.


44 posted on 09/26/2010 8:01:20 AM PDT by Mr. Blonde (You ever thought about being weird for a living?)
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