Question: how do they know who is and who is not a student or faculty?In one of the VA-ALERTs right after the decision for DiGiacinto v. The Rectors and Visitors of George Mason University it stated that students could now carry on campus, outside of buildings and events. While there would be no legal ramifications for doing so, such action could still get a student expelled or an employee fired if caught.
Might be time for an OC/Empty holster picnic.
The question is, are parking decks considered "buildings"...? They pretty much put all the visitor parking in the parking decks other than a handful of short term metered spots at the north end of campus.
The question is, are parking decks considered "buildings"...? They pretty much put all the visitor parking in the parking decks other than a handful of short term metered spots at the north end of campus.
Might be time for an OC/Empty holster picnic.
Actually, the GMU Chapter of SCCC is planning an Empty Holster protest day on April 4:
http://www.facebook.com/#!/event.php?eid=158283160894499&index=1
Their president is a member here on OCDO:
http://forum.opencarry.org/forums/member.php?54458-karolynrgalarza
contact her, and maybe y'all can put something SPECTACULAR together...
Well, that sucks.Our preemption only applies to localities an the agencies thereof. Public universities are state agencies, which aren't preempted. A bill to preempt them failed this legislative session.
Our preemption only applies to localities an the agencies thereof. Public universities are state agencies, which aren't preempted. A bill to preempt them failed this legislative session.
The term, "pre-emption" doesn't apply at all in this context. No governmental entity in the Commonwealth can exercise powers greater than those conveyed by law. The "Dillon Rule" doesn't just apply to municipal corporations; it applies to every state agency, including educational institutions. Any "person" who attempts to do something beyond the powers granted by charter or general law (including private corporations, btw) is acting "ultra vires" (literally, "beyond the powers") and that act is legally void.
The reason GMU can't regulate just plain folks walking across the campus is that section 2.3-9.2:3 is specific about what regulations an educational institution may enact. It includes the power to regulate student and employee conduct, but not the power to regulate behavior generally. By the way, as to the regulation of possession of firearms in buildings, I think that's void as well. Virginia law provides that the real estate is the property of the Commonwealth, under the control of the board of visitors. It is not owned by the corporate body of the institution. As such, those buildings are public, governmental structures. The university has no power to regulate the behavior of non-student, non-employee persons within such buildings beyond that granted by general law (e.g., no brandishing, no assaults, etc.).
Of course, this all begs the question whether any regulation of the possession of firearms is permitted, given the language of Article 1, Section 13, of the Virginia Constitution.
The way it works in Texas is that the same section of the state constitution that gives the Legislature the power to regulate the wearing of arms, gives it solely to the Legislature. No other governmental entity in the state has any authority over firearms unless explicitly granted such by the Legislature.
That's how it is in Virginia as well. But the state agencies ignore it. No body other than our general assembly can make laws, but we obviously see where an unelected body (Board of Visitors is appointed by the governor) makes regulations with force of law.