Fourth Amendment Gonzaga University is in Deep Crap......

Discussion in 'Bill of Rights' started by BTPost, Nov 11, 2013.

  1. BTPost

    BTPost Old Fart Snow Monkey Moderator

    Just read where the two Gonzaga University Students who had their Firearms confiscated, by the local Campus Security, have reported the Weapons, STOLEN, to the Spokane Police Department.
    It is a Class B Felony to steal a firearm in the State of Washington, and these Campus Clowns are just lucky neither of these to fellows held an FFL. If that were the case they would be facing FEDERAL Felony Charges, as it is Federal Felony to obtain Inventory from an FFL, without a complete Transaction Record in the "Bound Book", and there is "NO Exception" in the Regulations, or Federal Statute, for ANY Law Enforcement, Federal, State, OR local, except by an ATF Agent WITH a Warrant, PERIOD. Looks like Gonzaga University is going to be giving these Boys, a Free Education for the rest of their Lives, once their LawDog gets thru with the University.
    Last edited: Nov 12, 2013
    Finster and William Antrum like this.
  3. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    Should be interesting to see how this one turns out..
  4. Yard Dart

    Yard Dart Vigilant Monkey Moderator

    As I understand it there is a rule that no firearms are to be on campus and they may be subjected to a confiscation for "safety" reasons. They have a case but the school may as well. Hard to tell how it will come down but I suspect the school will get the benefit of the doubt due to local politics.... just a guess I suppose.
    Finster likes this.
  5. Silversnake

    Silversnake Silverback

    It wasn't on campus, it was at an off-campus apartment owned by Gonzaga University. So the question really is "Can a landlord lawfully forbid a tenant's possession of an otherwise lawfully owned firearm on the leased property?" Then they can ask questions about forced entry into the premises by armed campus police and the theft of the firearms at gunpoint by the Gonzaga campus police.
  6. Yard Dart

    Yard Dart Vigilant Monkey Moderator

    I heard the report on the radio and thought it was on campus... thanks for the clarification @Silversnake
    Silversnake likes this.
  7. Pax Mentis

    Pax Mentis Philosopher King |RIP 11-4-2017

    Since Gonzaga is a private school as opposed to a governmental entity, it would seem they could ban guns in the residence and expel a student for breaking the rule...but they have no more right to come in and take a person's property at gunpoint than a property management company (or security company hired by one) would in any apartment.
    BTPost and tacmotusn like this.
  8. Yard Dart

    Yard Dart Vigilant Monkey Moderator

    I wonder if a student pledge that was signed by the said person would be legally binding in an agreement to not have weapons on a campus property.... there must be some legal standing they are following.... or as BT said they will be paying for the guys tuition.
  9. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    From what I had seen on the local news, the students are on probation for the remainder of their educational time at gonzaga. But they where to have their firearms returned to them , but not in university housing. Still, would have to wonder about the possibilities of legal ramification if any students are harmed due to university policy that strips them of the ability to defend them selves as these students had done..
  10. BTPost

    BTPost Old Fart Snow Monkey Moderator

    Standard Washington Landlord Tenant Law will be the case for any dispute between the University and the Students, on the possession of FireArms in the Housing Unit. Those Yahoo Security Dudes had better return the weapons ASAP, or they, and their Employers, are liable for all kinds of Civil Rights Litigation, as well as Criminal sanctions, under Washington State Statutes. Breaking & Entering, Theft of Personal Property, Theft of a Firearm, Home Invasion, not being the least of their Criminal Violations. If I was one of those kids, I would hire myself, the nastiest sleaziest LawDog, I could find, YESTERDAY, and get the School into Superior Court, forthwith, and refuse to settle, unless their Record was Cleared, and their Tuition & Books was paid for life at the Institution. The Heller & McDonald SCOTUS Rulings hold that the LandLord can NOT enforce an UnConstitutional provision in the Lease Agreement. One can NOT waive Constitutional Rights, in Contract Law, Period.
  11. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    Especially in an off campus residence ..
  12. Mechwolf

    Mechwolf Monkey+

    I think precedence has already been set for this. Section 8 housing projects tried enforcing the no firearms policy in another state and it was ruled unconstitutional. I fully agree with BT on this one ...I think Gonzaga may be in for shit storm. [shtf]
  13. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    They could very well be, if, the students continue with litigation. Gonzaga may be looking at it from the stand point of no weapons on school property.
  14. BTPost

    BTPost Old Fart Snow Monkey Moderator

    If they are that stupid, they deserve what they get.... They are a LandLord in a leased Apartment Contract, with the students. State LandLord/Tenant Contract Law is the Law that is in play here. You can Not waive Constitutional Rights with Contract Law, Period. The university has a unenforceable provision, in the Lease Contract. They can whine and complain all they want, but they are clearly behind the 8Ball, if they go to Court. The Security Yahoos are Toast, and have absolutely no legal rights to force their way into a leased Residence, with a PassKey, without proper Notice, as per State LandLord/ Tenant Law. The taking of the firearms, by force, is a Class B Felony, in Washington State statutes. The entry by force is a Home Invasion, another Felony, in Washington State Statutes. They are very lucky the students didn't pump them full of Lead. The students can demand and force prosecution of the Security Folks, for these Crimes, and the security Folks as well as their Employers are liable both civilly and criminally.

    Just did some research on the Campus Security at Gonzaga.... They are NOT Sworn Law Enforcement, and have NO ARREST POWERS, except those of any other Normal Citizen. They executed a Home Invasion, in violation of Washington LandLord/Tenant Statutes, and stole Firearms, from Private Citizens. These guys need to be arrested, and indicted on multiple Felony Charges, as well as their Employers, for Civil Rights Violations.

    This whole episode stinks to High Heaven... Who do these Gonzaga Admins think they are? God? The Board needs to clean house, and get someone who knows the legal differences between Contract Law, and Constitutional Law, to take over the Admin. Any second year Law Student would know this difference. This whole episode is Damming, on it's face.
    Last edited: Nov 12, 2013
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  15. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    I agree .. The students had called campus police because of a convicted fellan (9 time??) tried to force his way in to their apartment.
    Motomom34 likes this.
  16. NWPilgrim

    NWPilgrim Monkey++

    Agree with BTP. When we rented out a house we could not enter it except for maintenance and prior notice, or an emergency. Under NO circumstances could we as landlords enter that house and remove items such as forbidden pets. We could terminate the lease and evict but even then we could not remove any property. Only way to remove personal property is to have a sheriff do it with court approved eviction. Landlord? No, no, no!

    The students should press for total clearance of charges and probation, if not file criminal theft of firearms charges.
    Moatengator likes this.
  17. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    Heard on the local radio news this morning that the student has had his firearm returned to him, with the stipulation that it will not be kept in collage property.
  18. Finster

    Finster Simplify, I'd say more but this says it all. Site Supporter

    Off campus or not, at worst they violated a "rule" and although they could be disciplined by the school for an infraction the school cant "suspend the constitution", even if state laws prohibit possession on school property, "within ones abode or place of living" is an exception to almost every state and federal criminal possession statute(s).

    I would be very interested to see what would happen to a school that decided to ban public display of affection, or discussion of homosexuality... or the right to fly the flag of your choice.
    Somehow only "conservative issues" seem to be fair game in progressive america. I wonder if thats part of an agenda (check Marx and Hitler) or something?
    kellory and Yard Dart like this.
  19. Dont

    Dont Just another old gray Jarhead Monkey Site Supporter

    And as the students are seriously considering litigation, we will see how the courts will decide this one..


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