Lawsuit pits state law vs. UK regulations
February 2, 2010 by Katie Perkowski · 23 Comments
One UK student is facing off against the university when it comes to his right to bear arms.
State law will weigh against university regulation in the case of one UK graduate student who is suing the school.
Michael Mitchell, an epidemiology graduate student and former UK Hospital employee who filed a lawsuit against the university last week, argues that because Kentucky law says he can possess a registered firearm, UK cannot regulate him carrying one in his personal vehicle.
UK spokesman Jimmy Stanton said the university could not comment because of pending litigation.
If an individual is in possession of a registered firearm and keeps the weapon in his or her vehicle and does not remove it, then that individual is not guilty of a crime, according to the provision titled KRS 527.070.
However, according to UK administrative regulations passed in June 2007, any student or faculty member, even if he or she possesses a permit to carry a weapon, is prohibited from carrying it on any campus-owned or leased property including parking lots.
Christopher Hunt, Mitchell’s attorney, said he and Mitchell are arguing that UK’s rights are limited.
“We’re arguing that (their right to regulate) is restricted to some extent by this other statute,” Hunt said.
According to the regulations, university employees who violate the weapons policy are subject to corrective action, including termination of employment.
Mitchell said a fuzzy line exists in the campus regulations when university-affiliated students or faculty come from other locations in their car and cross campus property.
“Is that telling me that I have to stop at the border and toss my gun out the window?” he said. “The argument is, ‘does UK’s policy go above state law?’”
After UK Police responded to an anonymous claim that Mitchell had a firearm in his locker and did not find one, Mitchell told police he had a registered gun in his car, kept at K-lot. According to court reports, police escorted him to his car and were ordered to confiscate the weapon and Mitchell cooperated.
After the incident, Mitchell said his supervisors told him he was being suspended and about a week later he was fired.
Hunt said he and Mitchell agree that UK can restrict the possession of firearms, but the right is limited in certain areas.
“… And we’re saying that we’re in one of those areas,” Hunt said.
Colleges have the right to regulate the possession of concealed weapons on university-owned properties, according to the Kentucky State Police Web site.
Where did you get the term “registered firearm”, Miss Perkowski? CSI?
There was a case similar to this re: Lafayette High School and a faculty member. As I recall, she won.
The University is being willfully obtuse and engaging in legal harassment at the expense of the Kentucky taxpayer.
The issue here is that he volunteered information to the police to help the situation. The allegations about the locker are false. Why fire someone if they are being fully truthful and trying to help the situation. They also confiscated his gun… Why?! No crime was committed. They infringed on his rights in his car and throughout his travel from his home to the parking lot by not allowing him to carry. Time to settle UK, you don’t want a jury trial!
The law states that UK can limit weapons elsewhere, but not in someone’s car. What about the armed robberies that have been going on? Is UK going after them for violation of policy? No! Just the good employees. Shame on you, UK!
I just want everyone to realize this is the same person as in these articles:
http://www.kentucky.com/181/story/595719.html
http://www.wkyt.com/home/headlines/20580034.html
http://bluegrassbeat.bloginky.com/2008/11/24/
Just wanted to let everyone know who we’re talking about here.
Person… because of the accusations against him, does that mean UK has the right to violate his or any other persons’ rights? BTW, your last article said he was found not guilty. Sounds like they got the wrong person. He was allowed to keep his concealed weapon permit… no issue there.
Sounds to me like someone has a grudge against this guy. He was found not guilty and UK is going to lose big time on this one! hehehe…….I hope he gets a bucketfull of punitive damages. How many guns do you think are still in employees cars here on campus? Bunches & bunches I bet. UK has and is, getting a very bad Public image problem with this case as well as trying to lay claim to the Public sidewalks for the anti-smoking policy they have. It is way past time for a sweeping administrative change as well as the lap dog BOT’s.
Good Luck, this is a fight that needed to be fought with the University for a long time. UK should not be above state law.
Person,
Looking over the links you posted, I’m going to have to agree with Jason. It says the kid was found not guilty. Being that he is a grad school student, I’d say its probably a great bet that he didn’t just have tens of thousands of dollars lying around to be able to get the best lawyer money could buy, so maybe, just maybe he didn’t do it. I mean think about, if I remember correctly it was a federal trial, the feds have something like a 95% conviction rate. If he made it into that small 5% part, it wasn’t because he could buy his justice, it was because he didn’t do it. But I digress.
The issue of that court case has nothing to do with this case at all in the least. Comparing the two or even bring up the other one simply makes anything you have to say seem like you’re holding a grudge.
UK is not saying he has committed a crime. They are saying that there are no guns allowed on campus. Not a bad rule considering situations like Va Tech. He violated a policy, and was fired for it. Once again UK is not saying he can’t have a gun. Y’all are acting like they are taking away his rights.
A lot of people would wonder why UK hadn’t done more to prevent a random killing spree if that ever happened on campus. How would you feel about the same situation if your kid got shot by someone allowed to have a gun on campus? Would you say “well, my kid should have ducked?” Or would your response be “why didn’t UK have any procedures in place to try and prevent this?”
Juan, UK is violating his rights to have a gun IN HIS CAR! The statute states that UK has the right to regulate firearms on their campus… but it starts by saying that Except as provided by ANOTHER STATUE. That statue says that he is allowed to keep it in his car ANYWHERE as long as it is not removed, unless in the act of defense. UK has the “gun-free zone” policies… what about the 8 different instances of robbery with a weapon in the past 1 1/2 years? UK has policies in place… why are people still using guns to rob people? The only people that these policies affect are the LEGAL gun owners. A policy will not stop a criminal from committing a crime.
Juan, you’re right that he’s not being charged with a crime. You do need to familiarize yourself with the law though.
http://lrc.ky.gov/KRS/527-00/020.PDF (read subsection 8) UK cannot keep someone who is legally able to own a gun from storing the gun in the glove compartment of their vehicle. This means that not only can a gun owner not be prosecuted for keeping a gun in their glove compartment, they cannot be fired for violating an employer’s “no gun” policy.
I haven’t read anything that indicates that Mr. Mitchell was actually fired as a result of the gun incident though. It’s also unclear where the gun was located in the car prior to the police intervention. It will be interesting to see how this situation is resolved.
Person, that has nothing to do with this issue in any way shape or form. Kentucky law protects his right to keep a handgun in his car, and University policy can not trump the law. Read the law, there is specific verbiage to that affect.
Juan, you’re thinking like an idiot. If he were a criminal or a killer, I’m pretty sure he would not have volunteered that he had a legally possessed (registered? Kentucky? Is this Elementary School Journalism?) handgun out in his car. The people you need to fear are the ones that ignore the law, because they are criminals. Taking guns out of the hands or responsible citizens only makes things easier for whack job shooters. Educate yourself.
Jason Gunowner, that is not the issue. While cooperating was right, it appears offering unsolicited additional information wasn’t such a good idea. However, he was not breaking any law and was forthright with them. Because of this shoddy journalism we don’t really know now what happened, did the LEO put it in the trunk or was it confiscated, but he was not and is not charged with any crime because no crime was committed.
I don’t care what any of you left brain new world idiots think, laws are laws and while we have way too many of them, when someone makes sure to abide by them, they should not be criminalized. And good luck with your idea that the Police are their to protect you. Quoting a wise Law Enforcement Officer, “When only seconds count, the Police are only minutes away.”
I’ll add one last thing, I’d really like to know how an officer came to search his locker, and know more about this supposed anonymous tip. He may have shot his mouth off or pissed someone off, and although didn’t break any laws, he may have brought this on himself. Either way, I’d love to see UK get handed is rear end in a basket. I’m sick of Universities pushing left agendas and putting themselves above the law. Lets see heads roll over this.
So for what purpose does he need a gun on campus for?
Lyman, thanks for the link. UK is clearly in the wrong.
Jim, you clearly have some issues. Left, right, whatever. Hopefully your offspring will be better able to think for themselves rather then be confined to such a rigorous limited scope of outlook.
Jason, how exactly does a gun in a glovebox help wile being robbed on campus?
Jim will no doubt lobby for students and faculty to walk around campus locked and loaded, eh Jim? Maybe get some fully automatics to carry just in case? That should keep you safe.
Hotheads like those who get bent out of shape online in a comments column are probably the best example of why we should all walk around strapped to the hilt.
Juan, a firearm in a car is NO help to being robbed on campus! That’s my point! Where are the great “gun-free zone” policies to stop those armed robberies? Surely the criminals know that there is a policy against weapons on campus… Ha! The issue is that with the policy they have, it violates paragraph 4 or 526.020… Statute stating that anyone with a CCDW can have a gun in their car legally without violating the law on gun-free zones. UK is infringing on his right to carry elsewhere by stating he cannot… That means from his house to UK he cannot have a gun according to UK when state law says he can. If people were armed on campus (like they are anywhere else, I’d be willing to bet a criminal may have second thoughts on attacking someone. All UK is doing is creating a resistance-free area for criminals to strike. Universities in Utah all promote concealed carry & and crime has gone down.
Jason Gunowner——-If you think just because people on campus are carrying guns (or would be allowed too) that no criminal would have thoughts about attacking someone…Please explain why in the rest of the commonwealth where people can carry CCDW the news has reports of people being killed, robbed, assaulted all the time!!!!!!!!!! That is the reason why the law will not be overturned……..wise up
WOW looks like Mr Mitchell has been through the criminal justice system before just run his name…… Might be some bigger issues here…. Where there is smoke there is usually a fire……wait maybe i shouldnt use that one sorry Michael
Dave, people with a concealed carry license are not out everywhere to prevent crime… it is for self-defense. In Texas, murder rates fell 50% faster than the national average in the year after their concealed carry law passed. Rape rates fell 93% faster in the first year after enactment 500% faster in the second. Assaults fell 250% faster in the second year. Deaths and injuries from mass public shootings fall dramatically after right-to-carry concealed handgun laws are enacted. Between 1977 and 1995, the average death rate from mass shootings plummeted by up to 91% after such laws went into effect, and injuries dropped by over 80%.
All have been pulled from:
http://www.concealedcampus.org/pdf/ccw_gun_facts.pdf
Like Re. Person, Jim, Jason, & Chris have stated, he was found not guilty in the case in federal court. Let some unknown student go up against a prosecution with limitless resources and money and see who comes out on top. With the feds having over 98% conviction rate, I would be safe to say he didn’t get away with anything and was innocent.
Look, in a real life scenario if somebody is intent on robbing you, having a gun on you is not going to stop it. The reaction time will always be against the victim. Always, unless people are carrying the weapon in their hand. Anyone who thinks that a mugging takes place like a western movie is delusional. Really take time and think it through.
Tons of lighting, safe corridors which are constantly patrolled by a professional security force, in my opinion, are much better options than having a bunch of testosterone ladden gunslingers walking around on campus.
I think evreyone should own a gun. Bear arms and protect your home. It should be the responsibility of police to protect public areas and work with campus security to protect the campus.
also Jason, I have already conceeded that UK is in the wrong.
Juan, if someone is robbing you, it doesn’t happen in less than 2 seconds… the time it takes to draw a weapon and aim. If someone comes up to me and tries to rob me of my wallet, what looks like reaching for a wallet would be the same move for my firearm. It is called a CONCEALED carry for a reason. We do not carry it in our hands at all times. Come on now, use common sense. And touching on the “professional security force,” LFUCG police department has an annual budget of over $49 million. With all that money, why isn’t Fayette County crime free under your reasoning? What about the armed robberies this summer when someone with a knife robbed people three or so nights in a week on Rose Street? I’m not advocating for the “Western Gunslingers” that you speak of… just the ability to protect myself when obviously UK police and any other law enforcement agency cannot prevent crime.
Being a person with a CCDW license, I would rather have a firearm at all times and never use it than need it and not have it.
If someone is robbing u Jason, they already have a gun out pointed at u. You don’t have two seconds to pull your weapon and aim, that is my point. Sometimes you may get a “bad feeling” or a little nervous, whatever, but it never gonna happen from twenTy feet away.
Jason I live in Fl. and I have no idea what LFUCG is. But if that is the county law enforcement agency there, it’s not a lot of money. If that were campus annual operating budget, yeah ur right it should be crime free mostly.