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Student with CHL Arrested and Suspended at WOU

Jeffrey Maxwell, a marine and student at Western Oregon University, was approached by campus security on Jan. 28th for having a pocketknife clipped to his pocket. According to his sister, Kim Maxwell, the situation escalated from there to “a huge ordeal” where Jeffrey had to remind the security guards to remain professional. Monmouth police arrived, and he was arrested for possessing a firearm (two shot derringer) in a public building. He was also issued a formal trespass barring him from school property.

Except that with his valid Oregon concealed handgun license he was statutorily exempt from the prohibition on gun possession in public buildings. Since he had not committed a crime, the Polk County DA quickly dropped the charges, issuing a statement to the Oregon Firearms Federation’s attorney (who is representing Maxwell) that said, “I believe the Monmouth Police Department issued the citation in good faith and that there was an arguable violation. However, a careful reading of the statue and the facts led me to conclude the charge was not in the best interest of justice.”

Unfortunately, Jeffrey is not free and clear. According to an Oregon Firearms Federation news alert, a tribunal of four students and one WOU staff member sentenced him to:

“a psychological evaluation stating he is not a threat to himself of others” and a mandatory “ten page paper” ” with references, “citing, but not limited to:
1) the importance of following the law, even through civil disobedience.
2) the importance of accepting responsibility for one’s actions
3) and recognizing the impact possession of weapons on college campuses has on others.”

This is not the first time a permit holder has been caught on campus with a concealed weapon. Last term, a student here at the UO who wishes to remain nameless was detained by DPS and the Eugene Police Department. He was not charged with any firearm related offenses, but the police did seize his weapon (a snub nosed revolver) and his shoes. The UO student was initially expelled from the University, but upon legal threats the expulsion was reversed, but the student was required to attend alcohol abuse and anger management classes.

While it is completely legal, it is clear that if a student is caught carrying a concealed firearm even with a valid license they will be harassed. (The UO student got his shoes back after a couple days.)

More updates to come. Also, in the next issue there will be an in depth look at the history of concealed carry in the Oregon University system. (This new case could have interesting implications in regards to UO graduate student Brian Stubbs’ failed lawsuit against in the University regarding his carrying of a concealed firearm. For more on that case, check out Tyler Graf’s article in Vol. 21, issue 7/8, pg. 16.)

  1. […] university system code against concealed carry is in clear contradiction of state law. I don’t even know where Capps got the idea that concealed carry is illegal in […]

  2. C.T. Behemoth says:

    I’m not sure about the Libertarian platform really. I was just trying to make a logical argument based on reality. : )

  3. drew says:

    Wow, you sound like a spokesperson for the libertarian party. While I agree with you, I’m not going to venture off-topic into the other areas that you mentioned.

  4. C.T. Behemoth says:

    I think there is such resistance because if CHL holders use their weapons wisely, follow the law and don’t do what the naysayers believe they will, then it logically follows that:

    – handing out condoms to kids and teaching them about sex (etc) will not make them turn into sex addicted orgy-mongers; although, if that did manage to happen, it would be good for my future. I need someone to pay into my Social Security, whatever is left of it at the time of my retirement.

    – legalizing marijuana will not cause a surge in illegal drug use and will not serve as a gateway drug for users to harder drugs like heroin; although, it may cause a dip in worker productivity when coupled with the wasted hours on the internet at work.

    – providing people with a choice on whether or not to have abortion available as an option will not lead to an increase of aborted fetuses across the nation; although it may lead to depression in those who shalt judge, blasphemy be damned.

    In other words, this issue must remain in the realm of debate and the worst kinds of accusations must be bandied about, for if it was to be dealt with logically and based on reality…it would set a nasty precedent for activists and assholes (not that the two are mutually exclusive) throughout the country…maybe even the world!

    The whole thing just makes me shudder.

  5. drew says:

    I donn’t understand why people think that allowing CHL holders to carry on campus will result in “wild-west” scenarios. These same individuals that posess a CHL carry everywhere else and they do not erupt into gunfights at the first sign of a dispute.

    This will not be a “free-for-all” for students to carry guns. It will be the same people that carry on a daily basis.

    The argument has been made that, because college campuses are notorious for drug and alcohol abuse, that it makes a less-than-safe environment for CHL holders to carry, but these same people carry into bars and parties and we do not see these grim predictions becoming a reality.

    CHL holders are known for being law-abiding, and the fact that they have a gun prevents most from engaging in fights or petty arguments for fear of having the weapon exposed and causing the situation to escalate. The general rule is, “If the situation can be avoided, that is your duty.”

  6. Vincent says:

    I am certain that the framers of the constitution chose to leave their muskets and sabres behind when attending school

    Key word there is “chose,” innit?

  7. Don says:

    I agree with you about Maxwell being a scapegoat, but look at this from our point of view ( I am a WOU student). The knife was considerably larger than a pocket knife, he had been spotted acting suspiciously two days prior to this incident, and after the kid who was busted on campus last year with a gun, while pretending to be a cop, students here are a little worried. It is also campus policy for the student to leave weapons in their vehicles. But I do agree that he should not be expelled, or have to do the paperwork that the committee required of him. I am confident that he will be properly re-imbursed, but i hope this doesn’t turn into a free for all over the right to bear arms. I am certain that the framers of the constitution chose to leave their muskets and sabres behind when attending school, and that is probably for the best. But by all means, please arm campus security so we have recourse when some idiot goes postal.

  8. nike urbanism duk says:

    Another weird DPS issue-last year Frohn locked in a scheme to move them almost all the way to Glenwood. They are supposed to relocate to the old DMV building one block east from the former Joe Romania dealer(the J.R. building is owned by the UO Foundation created entity known as Future Expansion LLC). So, at least the no mans land known as Glenwood will be “safe”. Frohn has some ridiculous quote in the RG today about the shining opportunity Glenwood redevelopment is.

  9. Keyser Soze says:

    Perfect timing for those wanna be cops also known as DPS. They will use this story to illustrate how dangerous the campus environment has become – students running amok carrying concealed (although permitted by the Oregon Revised Statute – ORS) firearms. The funny part is the law that WOU and that stellar police department, Monmouth PD, is enforcing is just an “Administartive” rule and not part of the “Criminal” code. In fact, read through the Oregon Adminstrative Rules pertaining to the UO and you will not find any penalties that are applicable to anyone but students and staff. In other words, Joe Smoe with a CHL is walking on city street through campus, with his Springfield XD 9mm 17 shot high capacity semi-auto pistol, and DPS can do NOTHING! Neither can EPD. NOTHING! Unless Joe Smoe commits a crime the UO can sit back and kiss their own administrative rule ass. If you think DPS doesn’t want their own guns and Tasers read the recent ODE article by Liz Kramer (below link) regarding the UO giving EPD the boot.

  10. nike urbanism duk says:

    OHSU is currently seeking to provide guns for their security officers. That surge should not be overlooked in your coverage because when the taser on campus initiative was on at UO all the local press was spun with the “OHSU already has them” whining.

  11. Not Sam & Johnny says:

    Yeah, but do I need a permit for THESE guns?

  12. Timothy says:

    Unfortunately, it’ll jam if you even think about using it for self-defense.

  13. T says:

    On the plus side, my dad and I found a Luger P08 today while moving my grandma’s husband into an assisted living home. He can’t keep the Luger there so — cha-ching — free Luger!

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