Student with CHL Arrested and Suspended at WOUJeffrey Maxwell, a marine and student at Western Oregon University, was approached by campus security on Jan. 28th for having a pocketknife clipped to his pocket. According to his sister, Kim Maxwell, the situation escalated from there to “a huge ordeal” where Jeffrey had to remind the security guards to remain professional. Monmouth police arrived, and he was arrested for possessing a firearm (two shot derringer) in a public building. He was also issued a formal trespass barring him from school property.Except that with his valid Oregon concealed handgun license he was statutorily exempt from the prohibition on gun possession in public buildings. Since he had not committed a crime, the Polk County DA quickly dropped the charges, issuing a statement to the Oregon Firearms Federation’s attorney (who is representing Maxwell) that said, “I believe the Monmouth Police Department issued the citation in good faith and that there was an arguable violation. However, a careful reading of the statue and the facts led me to conclude the charge was not in the best interest of justice.”Unfortunately, Jeffrey is not free and clear. According to an Oregon Firearms Federation news alert, a tribunal of four students and one WOU staff member sentenced him to:“a psychological evaluation stating he is not a threat to himself of others” and a mandatory “ten page paper” ” with references, “citing, but not limited to:1) the importance of following the law, even through civil disobedience.2) the importance of accepting responsibility for one’s actions3) and recognizing the impact possession of weapons on college campuses has on others.”This is not the first time a permit holder has been caught on campus with a concealed weapon. Last term, a student here at the UO who wishes to remain nameless was detained by DPS and the Eugene Police Department. He was not charged with any firearm related offenses, but the police did seize his weapon (a snub nosed revolver) and his shoes. The UO student was initially expelled from the University, but upon legal threats the expulsion was reversed, but the student was required to attend alcohol abuse and anger management classes.While it is completely legal, it is clear that if a student is caught carrying a concealed firearm even with a valid license they will be harassed. (The UO student got his shoes back after a couple days.)More updates to come. Also, in the next issue there will be an in depth look at the history of concealed carry in the Oregon University system. (This new case could have interesting implications in regards to UO graduate student Brian Stubbs’ failed lawsuit against in the University regarding his carrying of a concealed firearm. For more on that case, check out Tyler Graf’s article in Vol. 21, issue 7/8, pg. 16.)
Oregon student's suspension renews gun debateTHE ASSOCIATED PRESSMONMOUTH, Ore. -- An ex-Marine with a concealed weapons permit has been suspended from Western Oregon University for the rest of the spring term because he carried a handgun on campus last month.Jeffrey Maxwell, 30, of Lebanon was arrested Jan. 28 for possessing a firearm in a public building, but the charge was later dropped by the Polk County district attorney. But Maxwell's suspension from school, which requires him to write a paper and take a mental health evaluation before he can return, has a gun-rights lobbying organization and at least two Republican state legislators rallying to his defense."I put in a lot of work and effort already into this semester, and now it's nothing, it's worth nothing," Maxwell, a junior studying psychology, told the Statesman Journal newspaper.Maxwell is appealing the disciplinary decision and has the support of the lobbying group Oregon Firearms Federation. The federation's executive director, Kevin Starrett, said the group wants Maxwell reinstated, given an apology and compensated. Otherwise, the organization would help Maxwell seek civil damages."He was behaving lawfully and bothering no one," Starrett said.Western Oregon University officials declined comment on Maxwell, citing student privacy. A spokesperson with the Monmouth school said the no-weapons rule is drawn from policies established by the Oregon University System.House Republican Leader Bruce Hanna of Roseburg and State Rep. Kim Thatcher, R-Keizer, wrote a letter to Oregon University System Chancellor George Pernsteiner in defense of Maxwell, asking higher education officials to remove administrative rules that conflict with the rights of legal gun owners."I hope the universities will recognize that those with concealed handgun licenses are legally able to bring their arms on campus," Thatcher said.Monmouth Police Chief Darrell Tallan said police officers cited Maxwell last month after consulting with the Polk County District Attorney's Office.District Attorney Stan Butterfield acknowledged that his office initially advised the police department to issue the citation, but decided not to prosecute after reviewing the police reports and doing further legal research.Tallan said Maxwell's case is the first he can recall in which a person on campus had a concealed handgun license."It does need to be reviewed and looked at, as how to apply it in university settings," he said.
Tom Gresham mentioned this on his radio show Sunday. I was just learning of it when I finally got a chance to listen yesterday on the podcast. I need to head out to work - I am late in fact - so if someone wants to find and post the WOU's Dean's phone number or email address so right-thinking American citizens can protest this abysmal treatment of a veteran, you would earn my undying appreciation. If not, I will do it tonight.Maybe throw in the names and numbers for the WOU Board or Regents or whatever they have as well.
To the President of Western Oregon UniversityI am saddened to hear that Jeffrey Maxwell has been suspendedfrom my understanding he was minding his own business and ended up being arrested and charged ( Polk County DA quickly dropped the charges as he was doing nothing illegal ) this is appalling, Mr Maxwell has concealed weapons permit. His valid Oregon concealed handgun license he was statutorily exempt from the prohibition on gun possession in public buildings. Since he had not committed a crime there should be NO need for him to take a psychological test to return to the school as the requirements for him to have a concealed weapons permit is quite strict and he was requiered to go through riguras training before he was issued the permit you may not know that Mr Maxwell is an ex-Marine. This is abysmal treatment of a veteran, a pillar of the community and should be applaud for getting out and protecting his self as he was protecting the right of everyone else as part of the Marines the school should be proud to have a student in Mr Maxwell, He is a roll model for other students I urge you to re-instate Mr Maxwell back into the schoolRegardsPhil
So what is the policy about guns/ knifes on campus?It sounds like he was legally carrying the gun, but the knife on the other hand can still get in hot water.
Guns are banned in most states, in Utah they are not. I am not looking forward to it, but if I ever had a gun on campus and I got in trouble for it, I will cite DC v Heller and push it all the way. I don't think that I should/can be prohibited on a public campus.Just my 2 cents.