yakdung 2,926 Posted November 14, 2013 Report Share Posted November 14, 2013 I do not understand why they were taken in the first place http://www.khq.com/story/23952282/guns-returned-to-gonzaga-students Quote Link to post Share on other sites
storm6490 2,768 Posted November 14, 2013 Report Share Posted November 14, 2013 I do not understand why they were taken in the first place Conditioning brother! Train the sheep. I agree, the weapon should have not been confiscated without warrant. In my dream world, the department would be responsible for your safety once they disarm you so if they really need your weapon, they need to post a guard. 2 Quote Link to post Share on other sites
Remek 771 Posted November 14, 2013 Report Share Posted November 14, 2013 I hope they make a case for compensation for breaking their second amendment rights and taking them in the first place. Stet that. I guess it wasn't a government official that took the guns, but if it were, they should make a case. They may still have a slightly different case against the school/security officials. 1 Quote Link to post Share on other sites
storm6490 2,768 Posted November 14, 2013 Report Share Posted November 14, 2013 I hope they make a case for compensation for breaking their second amendment rights and taking them in the first place. Stet that. I guess it wasn't a government official that took the guns, but if it were, they should make a case. They may still have a slightly different case against the school/security officials. I think they have a case against the university and the security officers as they are not sworn law enforcement or peace keepers. You only get to see a small part of this. I bet some bottom feeder told the security company to return the pistols are be charged with theft and impersonating an officer. Who knows. Quote Link to post Share on other sites
Ronin38 2,117 Posted November 14, 2013 Report Share Posted November 14, 2013 I hope they make a case for compensation for breaking their second amendment rights and taking them in the first place. No... You can plead the 5th, but you're not allowed to plead the 2nd. Also, they "presumably" signed a lease of some kind for the housing, which is university-owned, and guns are banned there. I don't think they have a case there. Unfortunately. Quote Link to post Share on other sites
EthanM 514 Posted November 14, 2013 Report Share Posted November 14, 2013 If it is university owned then they will probably not be able to make a case. Now at the university I atteand, the security is actually police officers. Not sure about the university in this case though. Quote Link to post Share on other sites
Wolverine 10,360 Posted November 14, 2013 Report Share Posted November 14, 2013 I'll let the lawyers sort this one out, but it may well have been an illegal seizure and possession of firearms. Quote Link to post Share on other sites
Shandlanos 1,470 Posted November 15, 2013 Report Share Posted November 15, 2013 Chances are, security overstepped, and the kids could've been expelled for violating the policy - since both sides broke the rules, they let the kids stay in school, they return the weapons and the kids don't sue them. Seems like a tacit agreement not to escalate the situation any further. Quote Link to post Share on other sites
gunfun 3,931 Posted November 15, 2013 Report Share Posted November 15, 2013 I do not understand why they were taken in the first place Conditioning brother! Train the sheep. I agree, the weapon should have not been confiscated without warrant. In my dream world, the department would be responsible for your safety once they disarm you so if they really need your weapon, they need to post a guard. How about should not have been confiscated by a civilian... There was a case in some state or another about landlords not having the ability to impose things that would be unconstitutional for state actors to do, since effectively the lessee is in the shoes of the property owner. I recall a couple cases about family law and the like. Anyway, the school here is a private entity, but these people don't live on campus. The school is really acting as a landlord. Landlords cannot constitutionally make restrictions on who you marry, or whether you reproduce, etc. They can restrict some things from entering in the first place like no kids in an old folks home, but once you are in, they can't mess with your ability to make core life decsions (So if your grandma has kids, they can't evict her for it.). It seems to me the same principle logically extends to rights explicitly listed in the constitution if it goes to all the fuzzy penumbral rights related to "privacy" Chances are, security overstepped, and the kids could've been expelled for violating the policy - since both sides broke the rules, they let the kids stay in school, they return the weapons and the kids don't sue them. Seems like a tacit agreement not to escalate the situation any further. Yep and also not to anger alumni who donate. I'd bet they have received some correspondence about that. Quote Link to post Share on other sites
Mullet Man 2,114 Posted November 15, 2013 Report Share Posted November 15, 2013 Same type of thing is happening at NIU, except the students were in dorms on school property.... http://www.daily-chronicle.com/2013/11/13/police-niu-student-had-guns-in-dorm-room/aw7ei4i/ Edit; That link sucked... http://www.wifr.com/home/headlines/NIU-Student-Arrested-After-Police-Found-Guns--Body-Armor-in-Dorm-Room-231791821.html Quote Link to post Share on other sites
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