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Driving Through University of Iowa Campus

vermonter

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I need an answer from someone who is sure of the answer. My friend who live in Iowa was wondering if it is legal to drive on the roads the traverse the campus with a CCW. The law says no guns on campus. Are the roads public and part of campus? Many main roads go through the UofI campus
 

Tucker6900

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I need an answer from someone who is sure of the answer. My friend who live in Iowa was wondering if it is legal to drive on the roads the traverse the campus with a CCW. The law says no guns on campus. Are the roads public and part of campus? Many main roads go through the UofI campus

The streets, sidewalks, alleyways, etc, are city property. And as with many other universities, the college controls only the buildings and property that the buildings are on. Not the streets and sidewalks. There is nothing illegal about driving around campus with a legally carried firearm.

I am not a lawer. This advice is only to be used for furthering the education and investigation into your own question.
 
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IA_farmboy

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I need an answer from someone who is sure of the answer.

You ask the impossible. Nobody can be sure of the answer because the law is not clear. As far as I can tell the UI has no authority to dictate policies on weapons any more than any other entity. There are enhanced penalties for weapons offenses within a "gun free zone" but I'm not sure if the UI campus qualifies as one. This is not a ban for weapons outside a school or park, but instead it raises the punishment for any weapon violation. Personally I often drive through the UI campus with a firearm in my vehicle.

I am no lawyer so take what I say with that in mind. As far as I know there is no duty to inform in Iowa. If stopped then don't show your permit to carry along with your license like many others will advise you to do. If asked if there are weapons in the vehicle then shut up, the police do not have the authority to ask during a routine traffic stop and you still have the right to remain silent.

There is precedent that has made public roads and the right of way around them an exception to the "gun free zone" laws. A case I remember was an armed TV reporter that was arrested while standing in front of an elementary school on the sidewalk. He was not charged for violating the "gun free zone" law since he was in the right of way of a public road. It's court cases like this that has made the "gun free zone" law essentially meaningless. There is also a question on whether or not a university is considered a "school" under the law or is a separate kind of entity.

One other important point, it's not a "law" that says no guns on the UI campus. What they have is a "policy" of no guns on campus. It's going to be very difficult to make a weapons charge stick for someone that has a permit, not violating any other law or policy, while driving through campus. They might get you for trespassing at most.

I use "you" generally here. I know it's your friend but using the general "you" saves me typing.
 

IA_farmboy

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It appears Tucker and I were typing at the same time. It pleases me that the above post agrees with my own. The more we can agree on this the less likely anyone will be charged, they can't toss us all in jail.

We need to get this law fixed. People should not fear exercising their right of self defense.
 

Tucker6900

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There are enhanced penalties for weapons offenses within a "gun free zone" but I'm not sure if the UI campus qualifies as one. This is not a ban for weapons outside a school or park, but instead it raises the punishment for any weapon violation. Personally I often drive through the UI campus with a firearm in my vehicle.

Thats basically correct. It is a popular opinion among my attorney and the Washington Co sheriff, that it would be nearly impossible to enforce the 1000 ft rule as a ban within, as across the state there are thousands of people who live within that zone that would be in violation if they simply left their house with a firearm.

As far as I know there is no duty to inform in Iowa. If stopped then don't show your permit to carry along with your license like many others will advise you to do. If asked if there are weapons in the vehicle then shut up, the police do not have the authority to ask during a routine traffic stop and you still have the right to remain silent.

That is correct. There is no law in Iowa Code 724 that requires one to disclose that they possess a firearm. The police can ask, but under no circumstance are you required to answer. Its up to you on how you handle that question. I do not answer questions. Regardless of what they ask.

One other important point, it's not a "law" that says no guns on the UI campus. What they have is a "policy" of no guns on campus. It's going to be very difficult to make a weapons charge stick for someone that has a permit, not violating any other law or policy, while driving through campus. They might get you for trespassing at most.

It is my understanding that if one were to violate their policy, they would have to be asked to leave before a trespass violation occurs. I believe UofI is a private entity open to the public, so they can make policies as they wish.



Here is one of the best ways that I have seen to deal with a traffic stop.

 

IA_farmboy

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Linn County, Iowa, USA
Why not? It would bring some publicity and could be fun. :rolleyes:

I was thinking along the lines of with a trial by peers that none of us would be convicted under any law that might apply. It likely would not even get that far, just the public outcry of being arrested would likely result in the city or university dropping any charges.

Thats basically correct. It is a popular opinion among my attorney and the Washington Co sheriff, that it would be nearly impossible to enforce the 1000 ft rule as a ban within, as across the state there are thousands of people who live within that zone that would be in violation if they simply left their house with a firearm.

With private property being excepted, as well as public roads, the only areas that would apply would be public property that is not already a "gun free zone" from some other law. I'm trying to think of what that might be, perhaps a public library?

It is my understanding that if one were to violate their policy, they would have to be asked to leave before a trespass violation occurs. I believe UofI is a private entity open to the public, so they can make policies as they wish.

I agree. They would have to ask a person to leave first, and the person not comply, before a trespass charge could stick. I don't believe this has actually been tested in court but it is my understanding that the posting of a sign is insufficient for notification, a person must be asked explicitly to leave.

Here is one of the best ways that I have seen to deal with a traffic stop.

That police officer did not respond well. He acted childishly to the driver and should have been more professional. I agree that the driver did very well and is a great example to follow.
 

amaixner

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Mar 26, 2008
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308
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Linn County, Iowa
There is no law in Iowa Code 724 that requires one to disclose that they possess a firearm. The police can ask, but under no circumstance are you required to answer. Its up to you on how you handle that question. I do not answer questions. Regardless of what they ask.

Interesting point. While multiple sections of IC724 require you to present your permit to an officer if he requests or demands it, nothing requires you to notify him if he asks about weapons but does't ask about the permit.
 

Tucker6900

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Jul 10, 2008
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Iowa, USA
I'm trying to think of what that might be, perhaps a public library?

The only library where a hard time may come is the Iowa City public library. And that is only due to the "resolution" passed by the city banning arms from the library, parking ramps, and parks. But, as I am sure someone has already said, by mere definition a resolution holds absolutely no weight of law, and has been the tool of the hopolophobes and our lovely AG to skirt preemption. It is also believed that it will only be a criminal trespass charge, and have nothing to do with firearms. But, until we have caselaw, Ill be cautious and say that is just a rumor.

That police officer did not respond well. He acted childishly to the driver and should have been more professional. I agree that the driver did very well and is a great example to follow.

I have watched that video numerous times and have LOL'd every time he drops the citation through the window.
 
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