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Thread: Concealed Carry at UAF/UAA?

  1. #1

    Default Concealed Carry at UAF/UAA?

    How is this battle going?

    The most recent thing I can find with google looks like the dean said no.

    Anyone start a civil case yet?

    Or am I just not finding the data to support that?

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    I don't know about now but a few years ago at a joint meeting of the mat-su and Anchoage 2atf there was a gentleman from the anchorage 2atf who was going to openly carry so he would have the excuse to file suit. I understand he did just that and I had, at one time, the attorney who was supposed to represent him. Tried many times to get any information about the outcome but never was able to find out if the supposed suit was ever really filed. If anyone knows what happened I would love to hear myself. Someone on here must know who that person was or the outcome. If I knew who it was I could find out as that would be public record.

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    Technically you can carry there according to state pre emption laws. Those signs mean nothing due to the pre emption law from what I studied on it(actually did a research paper on it for a class at UAA). Now I haven't tested that theory personally but those signs need to go.

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    Quote Originally Posted by Alaska_Seth View Post
    How is this battle going?

    The most recent thing I can find with google looks like the dean said no.

    Anyone start a civil case yet?

    Or am I just not finding the data to support that?
    There are signs posted to the effect that according to the board of regents it is against the rules of the university to carry concealed. They are not law. Now if someone is dumb enough to tell another they are carrying and the campus police called, they will tell you to leave. If you do not, you will be arrested for trespassing.

    I carried a .45 in my backpack for the years I was at UAF, 1998-2005. I refused to be a victim of the mass-slaughter-zones. I kept my mouth shut, my eyes open, and no-one ever knew.
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    I would guess that criminal prosecution is unlikely. Getting kicked out of the school is likely.
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    Thanks, I'll see how it goes.

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    Quote Originally Posted by blasterak View Post
    Technically you can carry there according to state pre emption laws. Those signs mean nothing due to the pre emption law from what I studied on it(actually did a research paper on it for a class at UAA). Now I haven't tested that theory personally but those signs need to go.
    I'm a full time student there who has personally spoke with the university police about it and researched a bit. First of all, you definitely can NOT carry in the student union building because there is a day care located in there. State law forbids it. Otherwise, when you look at the doors that have the stickers announcing the firearms free zone, all of them reference 'firearms prohibited by university board of regents uaa.xx.473.something', specifically referencing university policy, not local, state or federal law (with the exception of the building that has the daycare. They reference the state statute that forbids concealed carry on premises of childcare, courthouses, etc..). The police I spoke to explicitly told me, you can park anywhere on campus with a gun concealed in your car, so it is NOT against policy to posess a firearm on the campus grounds but it is violation of university policy to concealed carry in the buildings. You definitely cant get arrested and prosecuted under state and local law, but I have no idea if they could deny you graduation or strip your credits or anything. That's the area where no one has really challenged and thus found out where the line is or what they can do. I imagine that's how it would go. I'll do a little research on it, since they post incidents involving firearms in the dorms as part of their annual stats. I'll talk to somebody and see what happened to those people. That would probably be the most accurate test of what they can statutorily/legally do.
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    Member martentrapper's Avatar
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    Good post, Highest. Brings some new info to light. Question (for anyone) Doesn't state statute forbid weapons on school grounds? Is the Univ. a "school"?
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    When I drive down 36st. by Uaa I do not see any signs saying Uaa is a drug or Gun free zone. There for it's must be ok to have drugs or guns at Uaa. We all know drug dealers and user allways obey the law. Ha Ha Ha Ha

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    It's easy to look up the law yourself.

    AS 11.61.220. Misconduct Involving Weapons in the Fifth Degree.

    (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person(1) is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon,(A) that is concealed on the person, and, when contacted by a peace officer, the person fails to(i) immediately inform the peace officer of that possession; or(ii) allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact;(B) that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence;(2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;(3) being an unemancipated minor under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor;(4) knowingly possesses a firearm(A) within the grounds of or on a parking lot immediately adjacent to an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children, except that a person 21 years of age or older may posses an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle;(B) within a(i) courtroom or office of the Alaska Court System; or(ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or(C) within a domestic violence or sexual assault shelter that receives funding from the state;(5) possesses or transports a switchblade or a gravity knife; or(6) is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person.(b) In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was(1) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or(2) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection.(c) The provisions of (a)(2) and (4) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment.(d) In a prosecution under (a)(2) of this section, it is(1) an affirmative defense that(A) [Repealed, Sec. 7 ch 62 SLA 2003].(B) the loaded firearm was a concealed handgun as defined in AS 18.65.790; and(C) the possession occurred at a place designated as a restaurant for the purposes of AS 04.16.049 and the defendant did not consume intoxicating liquor at the place;(2) a defense that the defendant, at the time of possession, was on business premises(A) owned by or leased by the defendant; or(B) in the course of the defendant's employment for the owner or lessee of those premises.(e) For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; a deadly weapon on a person is not concealed if it is an unloaded firearm encased in a closed container designed for transporting firearms.(f) For purposes of (a)(2) and (e) of this section, a firearm is loaded if the(1) firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge; and(2) chamber, magazine, clip, or cylinder is installed in or on the firearm.(g) Misconduct involving weapons in the fifth degree is a class B misdemeanor.(h) The provisions of (a)(1) and (6) of this section do not apply to a(1) peace officer of this state or a municipality of this state acting within the scope and authority of the officer's employment;(2) peace officer employed by another state or a political subdivision of another state who, at the time of the possession, is(A) certified as a peace officer by the other state; and(B) acting within the scope and authority of the officer's employment; or(3) police officer of this state or a police officer or chief administrative officer of a municipality of this state; in this paragraph, "police officer" and "chief administrative officer" have the meanings given in AS 18.65.290 .(i) In a prosecution(1) under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court;(2) under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the administrator of the shelter to possess the firearm.(j) In (a)(1) of this section, "contacted by a peace officer" means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose.
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  11. #11

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    AKdoug,

    Thanks, not everyone is the master of google. Thanks again.

    I wonder if UAFPD, FBPD or the State Troopers have reservist.

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    Quote Originally Posted by martentrapper View Post
    Good post, Highest. Brings some new info to light. Question (for anyone) Doesn't state statute forbid weapons on school grounds? Is the Univ. a "school"?
    I would assume that the signs on the door would reference a state statute but they dont, with the one exception. The university police explicitly told me that it is fine to have a loaded weapon in the parking lot, which seems to be contrary to the state statute on 'school grounds' including the parking lot.
    Born in Alaska: The boundary lines have fallen for me in pleasant places; surely I have a delightful inheritance. Psalm 16:6

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    Quote Originally Posted by highestview View Post
    I would assume that the signs on the door would reference a state statute but they dont, with the one exception. The university police explicitly told me that it is fine to have a loaded weapon in the parking lot, which seems to be contrary to the state statute on 'school grounds' including the parking lot.
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    Quote Originally Posted by highestview View Post
    I'm a full time student there who has personally spoke with the university police about it and researched a bit. First of all, you definitely can NOT carry in the student union building because there is a day care located in there. State law forbids it. Otherwise, when you look at the doors that have the stickers announcing the firearms free zone, all of them reference 'firearms prohibited by university board of regents uaa.xx.473.something', specifically referencing university policy, not local, state or federal law (with the exception of the building that has the daycare. They reference the state statute that forbids concealed carry on premises of childcare, courthouses, etc..). The police I spoke to explicitly told me, you can park anywhere on campus with a gun concealed in your car, so it is NOT against policy to posess a firearm on the campus grounds but it is violation of university policy to concealed carry in the buildings. You definitely cant get arrested and prosecuted under state and local law, but I have no idea if they could deny you graduation or strip your credits or anything. That's the area where no one has really challenged and thus found out where the line is or what they can do. I imagine that's how it would go. I'll do a little research on it, since they post incidents involving firearms in the dorms as part of their annual stats. I'll talk to somebody and see what happened to those people. That would probably be the most accurate test of what they can statutorily/legally do.
    You won't get kicked out of school or denied graduation. You'll be asked to leave, and you'd better do as the cops tell you. Then of course you could be arrested for tresspassing (refusal to leave), but otherwise just keep your mouth shut and don't tell anyone.
    Great spirits have always found violent opposition from mediocre minds. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence. Albert Einstein

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    Member AK Ray's Avatar
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    At UAF for a few semesters I used my own .22 pistol for my pistol marksmanship class. Nobody cared. Of course that was back when dirt was still young.

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