Heller/McDonald and college dorms

[A-R]

Something in the back of my mind that campus carry bill (if it can pass - getting iffier by the day ) would correct. But assume for a moment the status quo is maintained.

How does a ban on guns in a college dorm get around the basic tenants of the Heller and McDonald decisions that 2A guarantees an American's right to keep a gun in the home for self defense? After all, a dorm room is a resident's "home" is it not? I know some students keep a "permanent address" back at mom-n-dad's place, but for many (like me years ago) the dorm becomes a semi-permanent mailing address for all corespondence.

Wondering if anyone has tried or may be contemplating this strategy for a Federal lawsuit against campus gun bans?

[seamusTX]

State-run schools are not treated exactly like government as a whole.

The U.S. Supreme Court has ruled over the years that state governments and their subsidiary agencies such as schools are bound by the U.S. constitution. One of the underlying principles of these decisions is that citizens have no recourse or escape from the actions of state governments (other than moving to another state).

No one is obligated to attend college at all or attend a particular college. It is a voluntary relationship. Therefore the student accepts certain conditions when attending.

Furthermore, the courts have long recognized that colleges exercise some parental functions. Some college students are legally minors (under 18), and keep in mind that many older rulings are based on an age of majority of 21, which prevailed until the 1970s.

This mode of thinking is also based on an obsolete model of education, where high-school graduates immediately go to college and graduate around age 21. It does not generally take into account that adults now start or return to higher education at much older ages.

That boils down to colleges having the power to set rules for student behavior in dorms that would be unacceptable if a government agency tried to make them general laws for all citizens. For example, the government could not say that you, an independent adult, may not have overnight guests in your home; but the college can set such a rule for dorms.

Based upon my reading of Heller and McDonald, SCOTUS will continue to support all kinds of limitations on the RKBA short of a total ban. They specifically stated in Heller that firearms could be banned in "sensitive areas" such as schools.

I don 't think any state allows or any current legislation would allow students to keep arms without restrictions in dorms.

- Jim

[A-R]

Jim, fully understand your points and agree with you as relates to the college regulating campus life.

However, I was referring specifically to a blanket ban in all college buildings under state law with criminal penalties for violation. To me, this seems to go against the basis of Heller/McDonald guarantee of right to keep a gun in the "home". Again, very limited area I'm discussing but as it stands now the STATE (not merely the subdivision of the state known as the university) is making it illegal in all cases for a dorm resident to keep a firearm in the "home".

[seamusTX]

A college dorm room is not legally equivalent to a free-standing residence, condo, or an apartment that is in a privately owned building. A dorm is operated by the school as a temporary residence essentially at the whim of the school administration. Students can be transferred within dorms without their consent. They also can be assigned roommates without their consent.

The court rulings on these issues are piled deep and high.

My personal opinion is that the law has gone too far toward criminalizing behavior in college dorms, but I'm not a judge or legislator.

Even back in the day when students were not allowed to have visitors of the opposite sex (for example), the sanctions were limited to informing their parents (who generally were paying tuition) and some kind of progressive punishment ending with expulsion.

However, back in the day college students did not show up for registration on probation for felony offenses such as aggravated assault, robbery, and drug dealing. The Bloods and Crips did not have college chapters.

- Jim

[tbrown]

However, back in the day college students did not show up for registration on probation for felony offenses such as aggravated assault, robbery, and drug dealing. The Bloods and Crips did not have college chapters.

Our tax dollars at work.