Protest for gun freedom?

[Recumbent ReCycler]

I've been trying to get the policy overturned for over a year now, without much support from others.  Tuesday night the GO-NH board of directors agreed that we need to agressively pursue this issue to get the illegal, unconstitutional policy overturned.  http://defenderofliberty.blogspot.com/2006/02/to-serve-and-protect-i-dont-think-so.html Here is the relevant excerpt from the blog post that I linked to. 

UNH is in violation of state law and state and federal constitutions.
Last year I found out that the University of New Hampshire has a policy that prohibits students and employees from possessing a firearm on campus without written permission from the chief of police. I did some research, and found out that according to RSA 159:26, the state retains sole authority to regulate firearms, and prohibits any political subdivision from making any ordinance or regulation concerning firearms or ammunition and which declares any such regulation to be null and void. Last month I wrote a letter to the chief of the university police explaining the law. I requested written permission to carry a firearm on campus so that until the policy is overturned, I could carry without fear of retribution. A few days ago he replied with the following:

?Re: UNH III.J. Firearms on Campus

Dear Mr. Logsdon:

Thank you for your electronic message dated January 30, 2006 to Deputy Chief Paul Kopreski of the University Police Department. The purpose of this letter is to advise you that I have denied your request pursuant to UNH Administrative Policy III.J.4 (?the firearms policy?) ?to possess a weapon [and] ammunition on campus for instructional or other qualified purposes and in other special circumstances.?

The University of New Hampshire, Durham and Manchester campuses, is committed to providing a safe and secure learning and working environment for students, faculty, staff, and visitors. My understanding of the firearms policy is that it reflects a sensible view that firearms present a risk of injury that is qualitatively different in the campus setting than in other environments. As you know, the firearms policy prohibits the use and possession of all firearms on the core campus of the University of New Hampshire by everyone except law enforcement officers.

Although you correctly note that the firearms policy allows me to grant permission to an individual to possess a weapon or ammunition on campus under some circumstances, I find none of those circumstances present in the situation described in your message. First, your message does not state that you are presently teaching a class sponsored by an academic program on the Durham campus. While it may be possible for a firearms safety course to be offered on campus at some point in time, especially with the practical portion of the course at an off-campus firing range, it is highly unlikely that I would authorize anyone instructing such a course to possess firearms in all places and at all times while on the Durham campus

I am not persuaded that RSA 159:26 requires me to reach a different conclusion, and do not find that it nullifies the firearms policy for three reasons. First, the plain language of the statute applies to ?political subdivisions? of the state, and I believe that term excludes institutions like the University. This understanding of the statute is reinforced by RSA 159:26, II, which declares contrary municipal regulations and ordinances null and void. Second, it appears that the legislative policy of this state is to create safe environments for education. See RSA ch. 193-D (Safe School Zones); RSA 193:13, III. (Any pupil who brings or possesses a firearm as defined in section 921 of Title 18 of the United States Code in a safe school zone as defined in RSA 193-D:1 without written authorization from the superintendent or designee shall be expelled from school by the local school board for a period of not less than 12 months.). Although the University is not a ?school? as described in the statutes, its enabling legislation is found in the same title of the statutory code, Title XV, as the provisions for safe schools and for mandatory expulsion of students who carry firearms. Given that similar safety concerns appear to be at work in both RSA 193:13, III and the University?s firearms policy, I do not find that the Legislature?s intent in enacting RSA 159:26 was to repeal the policy. Finally, RSA 159:26 only nullifies municipal ordinances and regulations enacted after the July 18, 2003. The firearms policy was adopted well before that date. Thus, even if the University were somehow to be classified as a ?political subdivision,? its policy would survive the enactment of the statute.

The firearms policy provides that weapons may be stored on campus under my control or direction. My department stores guns for various members of the campus community on a case by case basis, and I would be happy to extend the same courtesy to you that I extend to other members of our community.

Thank you for your attention to this matter.

Sincerely,

Nicholas J. Halias
Chief of Police
University of New Hampshire Police Department?

When I shared the letter with some friends, Kevin pointed out that ?Nothing has been offered to show what is "qualitatively different" about a campus setting than other environments.?;
?This conveniently ignores Section I, which says, "the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state." The obvious intent is that only the state may regulate such things, and other governmental entities within the state may not.
Which brings up this point: if UNH is not a political subdivision, then by what authority does it have a police department and police chief? Can any group of citizens just create a police department? No, only government entities may do so.?;
?And yet, the lawful possession of a firearm in a safe school zone, and even within the school buildings and classrooms, is perfectly legal, even by students. The law requires expulsion for 12 months for students, but there is no criminal penalty, no criminal record, and no crime. And that's just for students: the safe school act, RSA 193-D:1, I
(e), criminalizes "Unlawful possession or sale of a firearm or other dangerous weapon under RSA 159."
All lawful possession is, well, lawful?;
?[He] ignored the broadly written law stating that only the state may regulate firearms, while also seeking unwritten inclusion into the narrowly crafted safe school act. The broad law somehow doesn't include them, while the narrow law must have meant to, even though it doesn't.?; and
?And it is a policy. It's not a law. It is not a violation of any law to possess a firearm on a UNH campus, and any attempt by the UNH police to intimidate lawful ownership constitutes deprivation of rights under color of law.?
Police officers frequently break the law and violate the rights of the public, but it is often difficult and self-destructive to take action against police officers or to go against their will because they can easily retaliate against anyone who stands up to them or points out their wrongdoing. Police officers frequently make false statements and take improper actions to protect police officers who break the law. I know there are some honest police officers out there, but they are either too scared or too apathetic to point out wrongdoing and corruption in their departments, and most are unwilling to take action to protect the constitutionally guaranteed rights of innocent Americans.

I wrote this over a year ago.  Here are links to the RSAs laws and policies listed in the post, as well as other relavent links.
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-26.htm
http://usnholpm.unh.edu/UNH/III.Admin/J.htm
http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XV-193-D.htm
http://www.gencourt.state.nh.us/rsa/html/XV/193/193-13.htm
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/44/sections/section_921.html
http://www.gencourt.state.nh.us/rsa/html/XV/193-D/193-D-1.htm
http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XV.htm
http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XII-159.htm
http://www.gencourt.state.nh.us/rsa/html/VI/101/101-2.htm
http://www.nh.gov/constitution/billofrights.html

Also, if you do a search, you can find on the UNH website where it is identified as a political subdivision.  Because all of the policies of the University System of NH are made by the Board of Trustees, eliminating this unconstitutional policy at one campus will do the same at all of the campuses.

[Pat McCotter]

Keene State is still a "gun free zone."

My bad... I didn't realize that was the case.
Hey, can somebody hurry up and smite me?

Done!

[KBCraig]

also why not be pro-active?  you know the VT tragedy is going to fuel the anti gun crowd (it already has in colorado springs somewhat).  get a jump on it from our side... instead of waiting & defending our position.

Some folks in TN thought that was a great idea:

http://www.knoxnews.com/kns/state/article/0,1406,KNS_348_5492294,00.html

House vote permits guns in more places

By TOM HUMPHREY, tomhumphrey3@aol.com
April 19, 2007

NASHVILLE - In a surprise move, a House panel voted Wednesday to repeal a state law that forbids the carrying of handguns on property and buildings owned by state, county and city governments - including parks and playgrounds.

"I think the recent Virginia disaster - or catastrophe or nightmare or whatever you want to call it - has woken up a lot of people to the need for having guns available to law-abiding citizens," said Rep. Frank Niceley, R-Strawberry Plains. "I hope that is what this vote reflects."

As amended, the legislation still wouldn't allow guns on school property, however.

Niceley's bill aimed to let people holding handgun carry permits take their weapons onto state park property, which is now forbidden.

But when Niceley brought the bill before the Criminal Practice Subcommittee, a branch of the House Judiciary Committee, Rep. Rob Briley, D-Nashville, promptly proposed an amendment to expand its scope.

"We've been piecemealing this thing year after year," Briley said. "Why don't we just let you take your gun anywhere you want to?"

(More at the link above.)

[Jared]

ok soooooo....what's going on here? is this going to be an event where students are actually open carrying on the campus? im not a student, but im 23 and look younger than that so i'm sure i could pass for one.

[TylerM]

Yea! My state did something right for a change!  Now they just need to let them on school grounds.

[Dave Ridley]

I'm looking forward to there being an open carry demo just outside campus.  on campus I dont' know maybe. be sure wkbk knows about it, don't bother with the sentinel.

[Kat Kanning]

Keene State is still a "gun free zone."

My bad... I didn't realize that was the case.
Hey, can somebody hurry up and smite me?

Done!

I figured I'd already verbally smited him, so didn't hit his karma.

[thinkliberty]

Also, if you do a search, you can find on the UNH website where it is identified as a political subdivision.  Because all of the policies of the University System of NH are made by the Board of Trustees, eliminating this unconstitutional policy at one campus will do the same at all of the campuses.

You can also find this in RSA 187-A:1 and 187-A:2

A:1
"The university system of New Hampshire is established and made a body politic and corporate"

A:2
"The university system of New Hampshire shall consist of the university of New Hampshire (including the New Hampshire college of agriculture and the mechanic arts and its other colleges, schools and divisions), the Plymouth state university, the Keene state college, and the Granite state college."

Yep. Yep. Yep. A political subdivision.

[thinkliberty]

There is also this:
https://www.alumni.unh.edu/aboutus/alumni/articles2.html
"the University of New Hampshire, a political subdivision of the State of New Hampshire"

[SAK]

so get 30 people, and peacefully walk onto campus open-carrying with signs and everything.  You likely won't be arrested, and if they do, you all can sue the tar out of them if you choose (not to mention get that annoying regulation overturned).

Their "rule" or "law" or whatever you want to call it isn't valid -- not even to corporate persons   It's certainly not valid to natural persons -- as no gun laws are.

[d_goddard]

so get 30 people, and peacefully walk onto campus open-carrying with signs and everything.

Any public demonstration involving firearms should be done extremely carefully.
I like what Ian suggested the other night on FTL, namely, that the openly-armed citizens demonstrate just outside the boundaries of the campus.

[error]

I can't wait to see Ian out there with his AK.

[SpeedPhreak]

what about going on campus open carrying airsoft or replica guns?  i would never advocate carrying a fake gun as a real one but in a demonstration it maybe a bit different story.

[powerchuter]

what about going on campus open carrying airsoft or replica guns?  i would never advocate carrying a fake gun as a real one but in a demonstration it maybe a bit different story.

Bad idea...
Very bad idea...

Why would you want to fake, bluff, or imitate?

You are hereby smitten!

[SAK]

I think some of the people here should move to Illinois.  You're going to lose your rights if you don't exercise them.  You might as well live here and save yourself the difference in time.