Posted on 02/12/2009 8:50:52 AM PST by goodnesswins
02.10.09
MARINE VETERAN KICKED OUT OF SCHOOL FOR POSSESSING FIREARMS
WOU STUDENT TRIED, CONVICTED AND SENTENCED.The WOU student who was falsely arrested and charged with possession of a firearm in a public building, had all his criminal charges dropped by the Polk County DA tonight.The DA admitted no wrongdoing on his part, or on the part of the police who arrested Jeff Maxwell for a "crime" that does not exist.In a statement released to OFF's attorney, the DA said "I believe the Monmouth Police Department issued the citation in good faith and that there was an arguable violation. However, a careful reading of the statute and the facts led me to conclude the charge was not in the best interest of justice."
"Not in the best interest of justice."
There was NO CRIME. But it gets worse. Much worse. The college still got to "try" Jeff Maxwell. And they did tonight. The tribunal that tried Marine veteran Jeffery Maxwell laughed after suspending him from Western Oregon University and sentencing him to:a "psychological evaluation stating he is not a threat to himself of others" and a mandatory "ten page paper" " with references, "citing, but not limited to: 1) the importance of following the law,even through civil disobedience. 2) the importance of accepting responsibility for one's actions 3) and recognizing the impact possession of weapons on college campuses has on others." So, Maxwell has been told his lawful possession of a firearm on campus is evidence of mental illness and he must "confess his sins."
Welcome to the new Politburo. Maxwell may as well been judged by the Hitler youth for his "thought crimes." Jeffery Maxwell's "jury" were four unnamed students and one staff member of WOU.
The "prosecutor" was Patrick Moser moserp@wou.edu "Acting Coordinator of Campus Judicial Affairs" Maxwell asked to have his "trial" open to the public, which is his right, but was denied.The tribunal was told repeatedly that they lacked the authority to impose a rule dealing with firearms. But the children who sat in judgment of the veteran were not interested in the law or the facts. They were only interested in attacking and embarrassing a man who had committed no crime but had chosen to exercise his right to protect himself and others.The "trial" was a sham. No one present even seemed to know what the "charge" was. When confronted by the fact that the school has no authority to make rules about firearms, they said that was "not relevant." Then they said they were not charging Maxwell with having a firearm. When asked what they WERE charging him with, they seemed to not know. They then said they were charging him with having a "knife and a rifle in his car." When told they had no authority to make rules about guns in his car, they said THAT was not "relevant."The children who sat on Maxwell's "jury" and their staff advisors seemed to have no idea what they were actually charging Maxwell with. But they had no problem sentencing him. Gun owners, and all Americans should be outraged.OFF is committed to continuing Maxwell's defense.
We are shocked and disgusted by the treatment he received by the staff and the students of WOU,We ask your continued support of our legal battle for Jeff Maxwell. We promised Jeff what he promised the men he served with. We will not leave him behind.
Copyright © 2000 - 2009, Oregon Firearms Federation. All Rights Reserved.
That regulation is poorly written. It does not say the individual can’t carry a weapon, it says the campus security shall prohibit them. The regulation also indicates it is written pursuant to another policy issued by a higher authority than the president. That original policy also may be defective. Where did the higher authority get its authority to alter something which is legal off campus?
It's not against the law. There is an exception in the general prohibition for carrying in a Public Building, which includes colleges, if one has a license to carry concealed.
Both the prohibition and the exception are in section 166.370 of Oregon Revised statutes. There is also an exception for having a weapon unloaded and locked in a vehicle.
The Code of Student Responsibilty has a provision agsinst having firearms on campus, but there seems to be no basis in the law for such policy. The statute that the code cites is "broad general powers" of the colleges, but there is no specific authority to either prohibit or a mandate to allow firearms on campus. Thus being good little liberals, they did what they wanted regardless of their authority to do it.
It would not be a right, but rather a power. Where in the statues does this "power" come from? It looks to me like they are citing the "criminal trespass while carrying a firearm" statute as their authority. But that does not apply unless you are trespassing, and you're trespassing on campus if you are a registered student. Or a member of the public in most cases. They are trying to say that since they don't allow firearms, you are trespassing if you have them, and further you are trespassing while in possession of a firearm. The problem with the latte is that it's only defined if you would have been trespassing without the firearm. Or that is my read of the statute at least, and apparently of the DA as well.
IOW, it's all BS.
They don’t call it the Left Coast without reason.
But colleges are not included in that list, the "schools" are high school level and below. Look it up.
My stomach started turning and I wanted to leave," she said. In addition, knowing an armed person could just walk onto campus makes her feel a little uneasy. "I have night class," she said. "Usually, I'm fine walking to my car. Now I'm going to second guess that."
What a hoplophobic Maroon. She should be asking that armed Marine to walk her to her car, because as she said, "anyone can walk onto campus", armed or not. The ones with evil intent are the ones to worry about. No "policy" is going to stop them. You can't even expel them if they are not students, and I'll bet this case eventually says you can't expel them if they are students, as long as they are committing no crime, nor violating any rules the College/University has the authority to make.
File WOU as yet another college my daughter will not be going to.
I agree BS.
digging a little deeper, i don’t see where the WOU President has any authority to do other than what the law allows.
Course it could be buried in some other part of the statute
http://www.leg.state.or.us/ors/166.html
I live in Oregon and I’m also a member of OFF.
Kevin does a great job!
This is a disgrace. It was on FOX NEws this morning but I didn’t catch the state.
Her attorney said a state law mandates expulsion for anyone having a gun or a gun like replica on a school campus.
I will never waste my time visiting Oregan. Guess they got too many California liberals moving in there.
“My sheriff has instructed me to tell no one.”
My course instructor told us to tell no one.
My Sheriff told me that I had no need to get a permit to carry a gun that I didn’t need to own.
;-)
My course instructor told us to tell no one.
My Sheriff told me that I had no need to get a permit to carry a gun that I didnt need to own.
;-)
I have a carry permit because I teach The carry permit is only required so as to not scare the children in town.I live in an open carry state.
NRA Basic Pistol for the state carry permit application.
HEY...we live in OREGON! We’re not ALL brain dead....and we can tell you where and where NOT to go (avoid Portland).
HA...and like New Jersey is such a GREAT place...sorry, couldn’t resist!
Y’all should go to the Western Oregon Journal (school newspaper) editorial page.....looks like lots of people let them know about the LAW... here it is
I noticed that most of the outrage in the rticle was because the Maxwell was a marine. Doesn’t everyone get equal billing? I can’t help wonder if there would have been the same reaction if the guy were an ordinary Joe Schmoe. In any even the jackasses should have their butts handed to them in court.
Not in today's Orwellian world where cowardice is called courage and persons of true bravery are looked down upon as evil.
http://oregonstate.edu/education/cssa/blog/?page_id=94
Patrick Moser of Western Oregon University
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