Questions. Legallity of banning from premises you haven't trespassed (Gun related)

Discussion in 'Legal and Activism' started by Shun_Lao, Sep 29, 2008.

  1. Shun_Lao

    Shun_Lao Guest

    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 [ame=",+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"]here[/ame].

    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?
  2. bkt

    bkt New Member

    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.

  3. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

    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.
  4. Shun_Lao

    Shun_Lao Guest

    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.
  5. Quasi

    Quasi New Member

    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 *** 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.
  6. Mark F

    Mark F Active Member Supporter

    People tend to REACT to history, and your circumstance apparently generated a less than desirable memory to someone.
  7. pioneer461

    pioneer461 New Member

    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.