RE: LEOSA and College?

In case anyone wanted to read the original AG opinion

http://www.handgunlaw.us/documents/agopinions/NEAGOp06016UnivCarry.pdf

RE: LEOSA and College?

Here is the email I received from the AG's Office...apparently a new law was passed that includes Universities...

Thank you for your inquiry. This past legislative session the Nebraska Unicameral amended Neb. Rev. Stat. § 69-2241 (1)(a) so that it now includes the following language:

building, grounds, vehicle, or sponsored activity or athletic event of any public, private, denominational, or parochial school or private or public university, college, or community college;

This amendment to § 69-2441 went into effect on September 1, 2007. As a result of this amendment, the carrying of any concealed firearms onto UNL property or any other university, college or community college in the State of Nebraska is prohibited. Unfortunately, even though you have obtained authorization to carry a concealed firearm under the Law Enforcement Officers Safety Act of 2004, that Act specifically provides that the authority granted under the Act (to carry concealed), does not supersede the laws of any state.... that prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. So in summary, the answer to your question posed in your e-mail is- YES, there is a Nebraska law that now prohibits you from carrying a concealed firearm onto the grounds of the UNL campus.

RE: LEOSA and College?

CPD169, the NY State University Police can only carry firearms on their campus if the campus administration approves it. How often do you think that happens?

Time for the "Blue Flu" at NYSU

I think that the officers at NYSU need to develop a case of the "Blue Flu." A press conference might not hurt either. What's wrong with this picture? Bean counting administrators who aren't charged with protecting the students, faculty, staff and visitors should NOT have the authority to tell the campus PD whether or not they can carry a firearm or not. That's the stupidist thing I've ever heard of. Who, pray tell is going to arrest them if they carry them anyway and tell the administrators to go take a long walk on a short pier?

RE: LEOSA and College?

I went to Lincoln and it is property of the state. Definitions are the sticky point. Is it a school? Of Course. Is it accredited as a school? Yes again. Does the school want to avoid sign posting (spending bucks) Once again--yes. Is the AG under pressure to interpet laws in favor of the school--surprise, yes! Will the AG's opinion hold up under a court challange? Don't bet on it. But then I was a cop just north of Omaha, walked onto a plane fully armed (not secretly) and flew off to CA on an extradition. That won't happen today. There are a few more hoops. Thor

Solution?  Ever notice that an entire small town is for sale?  You buy it.  You are the Chief, or Marshal or Festus--you are no longer under LEOSA or a concealed carry permit. You are back to being a LEO. 

Welcome aboard.

Last edited @ 10/12/2007 3:15 PM

RE: LEOSA and College?

I'm not sure about Nebraska, but I know that here in Virginia, colleges are not considered schools by the state code only K-12 schools are. I am a campus police officer at Radford University (20 minutes West of Virginia Tech), and my university policy prohibits the carrying of firearms on university property, with the exception of University Police Officers.

I personally would have no problem with an off duty LEO carrying concealed on campus as long as the complied with the requirements of the act (badge and photo ID). I also know that it is a standing policy at Virginia Tech to allow off duty officers with badge and photo ID to carry concealed firearms on campus and into Lane Stadium for football games. But it is left to the discression of the police officer working the gate.

I think that post Virginia Tech, as long as you have your photo ID and badge and conceal the weapon, you should be ok on just about any campus in the nation. But I can't say what another officer would think or do.... only me.

And yes, to answer your question specifically, eventhough it is not a "school" by code to give stiffer penaltys for narcotics and weapons violations, my university is considered state property, and I am a state employee.

Hope this helps a little.

GFSZ

"Badge"? There is no such requirement on PL108-277

There is also a very dangerous issue with how the State interprets "Universities and Colleges" --if they are classified as schools, then carrying a firearm within 1000 feet radius actually would break a federal law (gun free school zone), as we have seen some universities actually adopt such stance http://www.ucop.edu/ucophome/coordrev/policy/8-16-99gun.html

RE: LEOSA and College?

Sherlock,

Just for technical accuracy, that link refers to a California Gun Free Zone. The federal gun free school zone clearly defines school as elementary or secondary education, which eliminates any college or university.

We all have to be careful of the state laws too, but at least the federal law, while bad, is not as onerous as California.

technicalities

Colleges and universities can be state funded but not State Property. But that doesn't mean states haven't restricted gun carry either by law or by law allowing college administrations to compile regulations for "safe" operations of colleges

RE: LEOSA and College?

CHECK TO SEE IF YOUR CAMPUS POLICE ARE CONSIDERED "STATE POLICE" UNDER THE ED CODES AND PENAL CODES OF YOUR STATE. MOST UNIVERSITES, UNLESS PRIVATE ARE PUBLIC. OPEN TO THE GENERAL POPULATION FOR ENROLLMENT PURPOSES AND ARE FUNDED BY STATE TAXPAYERS. LOOK AT CALIFORNIA UNIVERISTY POLICE JOB DESCRIPTION.
Employment Opportunities

Police Officer

The UPD is seeking motivated and professional problem solvers to join our progressive and innovative team. Special assignment opportunities include: Investigations Unit, Critical

Response Unit, Santa Clara County Narcotics Task Force, Bike Patrol, and more.

THE POSITION

Under general supervision, perform the duties of a police officer to protect life and property within the jurisdiction of the San José State University Police Department.*

Duties may include, but are not limited to the following; Patrolling University property on foot or by vehicle to protect life and safeguard property: Operate State owned vehicles: Participate in Community Policing Programs: Arrest violators of Federal, State, or local laws: Prepare written police reports: Issue traffic citations: Conduct initial criminal investigations and investigate potential hazards to the safety of the campus community: Special Assignments may also include participation in the following: Emergency Preparedness program; Department Field Training program; Special Operations (such as plain-clothes assignments, joint agency operations, dignitary protection, and decoy or sting operations); Department Cadet Program (as an advisor or coordinator); Department Bicycle Patrol Program.

QUALIFICATIONS

All applicants for this position must meet or exceed the following requirements:*

P.O.S.T. Basic Certificate of Completion.
A working knowledge of current law enforcement methods and procedures, as well as current criminal codes and laws, and investigative techniques and procedures.
Effective interpersonal, oral, and written communications skills.
The ability to write clear, comprehensive police reports.
The ability to think and act effectively in emergency situations.
No Felony convictions.
Must pass a pre-employment physical examination, a psychological evaluation, and physical agility examination.
Applicants must be of good moral character.
Must be a minimum if 18 years of age and satisfy citizenship requirements as detailed in Government Code Section 1031(a) and 1031.5.
Must have a valid California drivers license.
Must have completed a high school program or equivalent, and have a P.O.S.T. Basic Certificate (or currently attending Basic Police Academy).
COMPENSATION

Full Time - $4,704-$5,277 monthly (based upon experience), fully paid PERS (3% at 50), paid medical, dental and vision packages. Paid life insurance and a CSU paid fee waiver program (employee and dependents) towards a degree program. Patrol work schedule - 3/12. Recruits receive $3,250 monthly while attending the police academy.

HOW TO APPLY

Submit a resume, letter of interest, and an SJSU application for this position. Applications will remain active for 6 months.

Contact the SJSU Human Resources office (www.sjsu.edu/hr/jobopps) for further information and a complete job description.

Examination Process For Police Officer And Recruit Police Officer
Click Here for more information.

* Contact the SJSU Human Resources office for complete information.

--------------------------------------------------------------------------------

Please visit the SJSU Human Resources web site for more information on employment opportunities with SJSU.

Click Here to Download the SJSU Employment Application (MS Word Document, 544 KB)

San José State University does not discriminate on the basis of race, color, religion, national origin, sex,sexual orientation, marital status, pregnancy, age, disability, disabled veteran or Vietnam veteran status. This policy applies to all SJSU student, faculty and staff programs and activities. Questions regarding this policy should be directed to the Office of Equal Opportunity (408) 924-1115.

Out-of-State candidates for sworn police officer positions with the San José State University Police Department, should know that officers with this agency are mandated by state law to meet all qualifications of the California Commission on Police Officer Standards and Training.

Section 832 of the California Penal Code reads in part: 832. Course of training prescribed by Commission on Peace Officer Standards and Training; examination; necessity to exercise powers; exemptions (a) Every person described in this chapter as a peace officer shall satisfactorily complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training. On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of any peace officer whose employing agency prohibits the use of firearms. (b) (1) Every peace officer described in this chapter, prior to the exercise of the powers of a peace officer, shall have satisfactorily completed the course of training described in subdivision (a). (2) Every peace officer described in Section 13510 or in subdivision (a) of Section 830.2 may satisfactorily complete the training required by this section as part of the training prescribed pursuant to Section 13510. (c) Persons described in this chapter as peace officers who have not satisfactorily completed the course described in subdivision (a), as specified in subdivision (b), shall not have the powers of a peace officer until they satisfactorily complete the course.

It is possible to submit a request for 'waiver of attendance at a POST-certified basic course. Applicants can review the eligibility requirements for the Basic Course Waiver (BCW) process by downloading the BCW package (in pdf format) from POST's web site at http://www.post.ca.gov/training/btw_intro.asp.

A successful out-of-state candidate for a sworn position with the San José State University Police Department can expect to make a minimum of three trips to San Jose: One for the written and physical agility, one for the oral board and if successful, one for the chief's oral. The Department does not reimburse candidates for any expense incurred during the recruitment process.