Questions. Legallity of banning from premises you haven't trespassed (Gun related)
Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > Legal and Activism > Questions. Legallity of banning from premises you haven't trespassed (Gun related)

Reply
 
LinkBack Thread Tools Display Modes
Old 09-29-2008, 05:49 PM   #1
Feedback Score: 0 reviews
 
Join Date: Sep 2008
Posts: 2
Default Questions. Legallity of banning from premises you haven't trespassed (Gun related)

Hello. I am the student mentioned here.

I am 20 years old and a the legal owner of the weapons in question. Both are legal firearms in the state of NY.

What occured was that my cars alternator belt had broken and I pulled into a driveway which I had though was just a lead nowhere patch of pavement. I pulled in order to have a flat surface (Oleary is on an incline) to fix it. You can see the patch http://maps.google.com/maps?f=q&hl=en&q=Lasalle+School,+Albany,+Albany,+New+York+12203,+United+States&sll=37.0625,-95.677068&sspn=48.909425,79.101563&ie=UTF8&cd=1&geocode=FbwBiwId3Sea-w&ll=42.664143,-73.781814&spn=0.001396,0.002414&t=h&z=19.

In order to get my jack out of my car I removed my firearms from the trunk, got my jack out, and put my firearms back into the trunk and proceeded to jack up my car. Apparently a teacher from the someone from the building near the patch saw me (I saw him too and said "Hello, how are you?" to which I received no response) and was worried I might start something or whatever. In about 15 minutes I was surrounded (at least 20 officers) by cops and in cuff. However I was cordial since I knew I had not broken any laws.

Long story short, the police let my go because I was not in any violation of any law. However later that weekend (Saturday evening to be precise) I was served a persona no grate by the University of Albany SUNY (who's dorms are located across the street from the patch and where my girlfriend is going) and by Siena College where my ROTC battalion is headquartered.

My questions in regards to the circumstances is this.

1) The letter I received from University of Albany SUNY (and will receive from Siena college) state that I am banned from the premises and have to receive prior permission to come by or I will will be charged with trespassing. First off as a member of the public can they ban me if they are a public University and I have not violated any laws nor any of their policies while on their campus? The incident in question took place on a city street, owned and maintained by the city of Albany.

2) Where can I contact a lawyer regarding this incident who is proficient with gun law in NYS?

__________________
Shun_Lao is offline  
 
Reply With Quote

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 09-29-2008, 08:29 PM   #2
bkt
Feedback Score: 0 reviews
 
Join Date: Apr 2007
Location: Rochester, NY
Posts: 6,973
Liked 1305 Times on 664 Posts
Likes Given: 151

Default

That's unfortunate. I would contact the NRA and ask if there are any lawyers who support the NRA in your area who might be able to provide advice or put pressure on the schools to ease up on their unreasonable restrictions. Or, just find an attorney in the yellow pages. You might have better luck getting SUNY Albany to change its policy given its status as a taxpayer-funded school, rather than a private school like Siena. Contact your ROTC group leaders and ask if they can get the ban lifted.

In light of the Virginia Tech shooting, schools have gone in the wrong direction and fear firearms and firearm owners more than ever, even if they're the good guys.

Welcome to the forum, by the way.

__________________
bkt is offline  
 
Reply With Quote
Old 09-29-2008, 08:43 PM   #3
Moderator
FTF_MODERATOR.png
Feedback Score: 1 reviews
 
robocop10mm's Avatar
 
Join Date: Jul 2007
Location: Austin,Texas, by God!!
Posts: 10,270
Liked 2947 Times on 1534 Posts
Likes Given: 262

Default

You have to understand the difference between public property, private property and a public place. Public property would include things owned buy the public at large like the roadways/highways and many parks. Private property like your house, the university grounds or a business building. A public place is an area that is privately owned but generally open to the public with (sometimes) restrictions. The parking lot of your local grocery store is private property but a public place in that you can enter onto it in order to do business there but the owner can have you served with a criminal trespass warning.

The University may be publicly funded but is not public property. Access can be restricted or forbidden by the regents/trustees. While they are likely acting within the law it does not make it any more palatable. Liberal thinking abounds on most college campuses. They can and will ban you from their property if they have good reason to believe you are a gun owner. They will hide behind the curtain of "Campus Safety" but the agenda is much more dark and sinister than that.

__________________
robocop10mm is offline  
 
Reply With Quote
Old 09-30-2008, 05:42 PM   #4
Feedback Score: 0 reviews
 
Join Date: Sep 2008
Posts: 2
Default

The thing that bothers me is that I'm banned COMPLETELY from their campus and the campus of my ROTC battalion until the issue is resolved. I'm quite bothered since I didn't have my rifle in public space it was on the street and thusly public property near the school.

__________________
Shun_Lao is offline  
 
Reply With Quote
Old 09-30-2008, 05:57 PM   #5
Feedback Score: 0 reviews
 
Join Date: Aug 2007
Posts: 310
Liked 1 Times on 1 Posts

Default

I am not a lawyer, but I don't think they need any reason to ban you since it is private property. Not that I support it, but they are just covering their ass in case something were to happen.

Rather than going the lawyer route, you might first try just making an appointment to talk with the administrator who signed the letter. Just be friendly and explain what happened and why you need access to the campus for your ROTC. Hopefully after they see that you're not a nut and pose no risk they will revoke the ban.

__________________
Quasi is offline  
 
Reply With Quote
Old 10-01-2008, 12:51 PM   #6
Supporting Member
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Mark F's Avatar
 
Join Date: Aug 2008
Location: Bedford Texas
Posts: 2,865
Liked 54 Times on 35 Posts
Likes Given: 12

Default

People tend to REACT to history, and your circumstance apparently generated a less than desirable memory to someone.

__________________
*** Don't Mess With TEXAS ***
Μολὼν λάβε
Mark F is offline  
 
Reply With Quote
Old 10-02-2008, 09:36 PM   #7
Feedback Score: 0 reviews
 
pioneer461's Avatar
 
Join Date: Jul 2007
Posts: 938
Liked 27 Times on 22 Posts
Likes Given: 7

Default

Sounds like you are the most recent victim of anti-gun paranoia. Urban citizens have been conditioned by the ultra-left to fear anyone other than government agents who may be armed. The media and leftist governments have trained people to call 9-1-1 and report anyone who may have a gun.

Campus police very often work with city cops in the area. I betcha the campus cops were involved because it was so close to the campus, and the school has a "zero tolerance" firearms policy. The campus cop writes his report and sends it through channels. The report becomes flagged because a firearm is mentioned, resulting in the thoughtless administrative process that automatically labels you a risk.

There are many places in this great country of ours that I choose to not live in, and New York is one of them.

I wish you luck in dealing with the school on this, but I fear they will dig in like a tick and not give you a break.

__________________
Sui Juris
Cogito, ergo armatum sum
NRA Life Member / SAF Member
Retired Police Detective '71-'01 / LEOSA Certified
Naval Aviation Veteran '65-'69

United States Constitution (c) 1791
All Rights Reserved
pioneer461 is offline  
 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
Banning the pocketknife? sculker The Club House 14 03-14-2009 09:07 PM
Question re: Guns on job premises glock26 Politics, Religion and Controversy 10 12-02-2008 03:18 AM
Another silencer related question. apk nole NFA/Class 3 & FFL Discussion 0 01-15-2008 10:35 PM