Can enforce on off campus housing? Like mcbeth said, its bs, of course
I saw a story on tv, where they interviewed a gonzaga higher up. He said the policy was to make the environment safer for the students. I bet the six time felon who came knockin agrees with campus policy, and after this news story breaks, all the future felons will know where to rob safely.
….a gonzaga higher up. He said the policy was to make the environment safer for the students. ....
I want to know the legal authority to take their guns. To me it's cut and dried theft of a firearm.
Trying (only for the sake of exercising my legal mind) to put the best possible legal light on this - the gun was merelyt seized as "evidence" to be presented in some sort of disciplinary hearing that will lead to them being kicked out of school-owned housing and/or the school itself.
If the gun is not returned to them then yes, you are correct that it is theft.
stay safe.
Did they have a warrant? Sound like illegal search, and seizure to me.
PS. the editing/grammar in the story is horrendous:
"GU leaders said the students violated a policy all students show know about when living in a school owned apartment. "
"University leaders said the students should have know about the weapon policy. Leaders also said the policy is common across the country."
I find the use of the word "apartment" in this context curious. Maybe Im just arguing semantics, but to me an apartment would imply a leased residence where the lessee has a property interest and is subject to te residential landlord tenant act. Versus a dormitory where one simply occupies the space while enrolled.
Assuming the property is subject to the tenant act and the security entered without permission the security guards did not violate the students constitutional rights, they can't becuase they're not agents of the government, instead the committed the crime of trespass and residential burglary...
It's campus owned housing.
I would have to see their handbook to see what exactly they can and cannot do. But they can in fact ban gun possession and expel you for possessing, it's freedom of contract, you're free not to accept their service if you don't want to abide by their terms. Do their terms include no guns in university owned apartments? Maybe.... But I would need a copy of the student handbook to know that.
The University
retains the right to search persons, possessions and bags and privately-owned vehicles on University property, and to
confiscate, retain and dispose of/destroy all items covered by this policy regardless of value or ownership. Law
enforcement may be contacted for some violations of this policy.
Handbook: http://www.gonzaga.edu/Student+Life...udent-Handbook-FINAL-Document-Interactive.pdf
see page 20
Possession, use, display, sale or exchange of weapons at any location on campus, including University residential
facilities and privately-owned vehicles, is prohibited. The term “weapon” means any object designed to propel an object,
inflict a wound, cause injury, incapacitate, damage property or cause a reasonable fear of such, and includes, but is not
limited to, all firearms, pellet/BB/air guns, paintball guns, home-manufactured cannons or explosive devices, bows and
arrows, slingshots, clubs, martial arts devices, switchblades or otherwise-illegal knives or knives with a blade longer than
three inches (with the exception of kitchen knives in our University homes and apartments). Replica guns and other
simulated weapons are included within this policy. Objects otherwise not considered weapons, and knives with blades
less than three inches, may be included within this policy if used as a weapon. Fireworks, flammables, explosives and
chemicals of an explosive and/or flammable nature are also prohibited.
Exceptions to this policy may be authorized by the Director of Campus Public Safety and Security. The University
retains the right to search persons, possessions and bags and privately-owned vehicles on University property, and to
confiscate, retain and dispose of/destroy all items covered by this policy regardless of value or ownership. Law
enforcement may be contacted for some violations of this policy.
That's a hell of a clause. But just because they say they can do it doesn't make it true. I could wear a t-shirt that says something similar, but it wouldn't save me from robbery charges if I actually did such a thing, even to someone who did read my shirt.
Please cite to your law, IAW OCDO Rule (5). One gains standing to appeal only on wrongful conviction.
What crime, precisely cited, is it to act on an "illegal provision."