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To: Mojave
>>Why was the order lawful?
>
>It was made pursuant to law. The matter was tried in court. She was convicted.

Ok then, smart-arse; try this legal conundrum on for size:

New Mexico State Constitution
Article II, Sec 6
Nem Mexico State Statute 30-7-2.4.
Unlawful carrying of a firearm on university premises; notice; penalty.
[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. (As amended November 2, 1971 and November 2, 1986.)

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.

If I were to open carry on campus, would it be a violation of the law? Why or why not?
If an officer were to arrest me for it, would it be a valid arrest? Why or why not?
If at least two officer were involved in arresting and booking me, then would I be justified in pressing criminal charges* against them?
Considering that the State Constitution says "No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms", would it be legal for me to walk into a city or county courthouse that has posted No Weapons while openly carrying? Why or why not?
If I was arrested for violating the No Weapons posting on the City/County courthouses, would I be justified in perusing criminal charges against the officers and/or court officials? Why or why not?

*US CODE, TITLE 18, PART I, CHAPTER 13, § 241
Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Note: For all intents and purposes a false arrest is kidnapping.

I await your answers.

111 posted on 08/28/2010 10:18:07 AM 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

What legal conundrum is that?

(BTW, you’re in the wrong state.)


112 posted on 08/28/2010 10:33:09 AM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
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