Epidemiology graduate student Michael Mitchell suing UK for wrongful termination is definitely causing a stir.
Mitchell filed a lawsuit against the university stemming from being fired last April for gun possession on campus.
While Mitchell and anyone who goes through the proper channels to obtain a concealed weapons license has the right to carry, once they are on campus, UK has the say.
“We’re arguing that (their right to regulate) is restricted to some extent by this other statute,” Christopher Hunt, an attorney for Mitchell, said.
According to a Feb 3. Kernel article, state law says if an individual is in possession of a firearm and keeps the weapon in his or her vehicle and does not remove it, then that individual is not guilty of a crime.
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.
Colleges have the right to regulate the possession of concealed weapons on university-owned properties, according to the Kentucky State Police Web site. Nationally nearly all public universities ban student possession of concealed weapons.
UK’s main responsibility is to maintain the safety of all individuals on campus and having people who are not the law toting around weapons could be a potential problem.
Police and other campus safety personnel are trained on how to handle campus crises. Having private citizens attempt to maintain safety during a potential crisis would only compromise the ability of safety official during an escalating situation.
To his credit, Mitchell was extremely compliant, following the orders of UK Police. He may not have deserved to have lost his job based on the infraction, but UK had to act, as it and any other campus would, to ensure the safety of students is upheld.
“…but UK had to act, as it and any other campus would, to ensure the safety of students is upheld.”
Whose safety was compromised as a result of Mitchell’s actions?
Dear editorial board,
Do you understand that there are people carry guns in the grocery store, at gas stations, and in pretty much every public place other in Lexington? When was the last time that you felt unsafe because of that fact? The underlying premise of this editorial is that private individuals carrying guns makes society less safe. If this were true (it is my belief that it is not), then why do safety concerns trump gun rights only on campus and not in the entire State?
UK has the power to limit concealed carry on campus, but not to ban guns in vehicles according to Kentucky law. http://lrc.ky.gov/KRS/527-00/020.PDF Read section (8). Please research prior to publishing. Your personal opinions are not law. (see also http://lrc.ky.gov/KRS/527-00/070.PDF (3))
KRS 237.106(4) Right of employees and other persons to possess firearms in vehicle –
Employer liable for denying right
“An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section.”
Dear editorial board,
Do you understand that there are people carrying guns in the grocery store, at gas stations, and in pretty much every public place other in Lexington? When was the last time that you felt unsafe because of that fact? The underlying premise of this editorial is that private individuals carrying guns makes society less safe. If this were true (it is my belief that it is not), then why do safety concerns trump gun rights only on campus and not in the entire State?
UK has the power to limit concealed carry on campus, but not to ban guns in vehicles according to Kentucky law. http://lrc.ky.gov/KRS/527-00/020.PDF Read section (8). Please research prior to publishing. Your personal opinions are not law.
Feeling safe is NOT a Constitutional guarantee. Being ARMED is one. Get with reality and realize the legally armed person is NO THREAT to safety.
Just one side not, how often do your ‘trained police officers’ actually train with their guns? I bet it is far less often that most citizens with a CCW train with THEIR guns.
Actually, I do NOT feel safe in some parts of Lexington, but it has more to do with the crime rate than with guns. ;-)
The student should have a good legal argument, since the interior of his car is technically HIS property. Democrat Bob Damron sponsored the original law and might be of some help:
http://www.bobdamron.com/