[Vision2020] Jus' When You Thought Things Couln't Get More Stupid . . .

[Wayne Price]

Paul,

If we can agree that South Hill Vista, in one way or the other is in  
fact state housing, then I can't see how a rule waiving a fundamental  
Constitutional Right in order to live in that state housing will be held
by the court(s) to pass Constitutional review.

I worded it above specifically to look at the issue of waiving a  
fundamental Constitutional right to take out all the possible animus  
of what can be a "hot button" topic, and strictly look at it as a
Constitutional issue. For example, can the University of Idaho, as a  
"state" entity require people to waive the right of search and seizure  
in a state owned residence?  IF the answer is yes, that would mean a  
law enforcement agency to enter University housing, in this case South  
Hill Vista, would NOT need a search warrant. Can we live with that?



Wayne





On Jan 24, 2011, at 6:03 PM, Paul Rumelhart wrote:

>
> This is interesting.  There can be so many takes on this.  No one is
> saying they can't own firearms, just that they can't keep them in  
> their
> housing complex.  On the one hand, it seems reasonable that a landlord
> can specify that firearms cannot be kept on the premises, assuming  
> that
> it's all agreed upon beforehand.  On the other hand, the right to bear
> arms is laid down in the Constitution, so is it valid to sign that  
> right
> away?  What does it mean to have the right to bear arms?  You also  
> have
> the question of "is it more dangerous to keep a firearm in your
> apartment because of possible safety issues, or is it more dangerous  
> to
> ban them, limiting the options the renter has to defend him or
> herself"?  Not really a legal issue, but more a question of whether or
> not their policy might be misguided.
>
> I'll be interested to see what comes of this.
>
> Paul
>
> Reggie Holmquist wrote:
>> Oh, wow, that's where I live.  I am a 1l and I have not met Mr.
>> Tribble.  Funny, though, one of the other 1ls who lives in the same
>> housing was talking to me the other day about the fact that South  
>> Hill
>> Vista residents are not allowed to keep firearms.  I'm not sure how I
>> feel about it.  To be honest, I'm half ambivalent and half apathetic.
>> The more interesting thing is whether or not he has a winnable case.
>> I'm not really sure what the answer to that is.  At any rate, I'm not
>> fully sure if suing the university is really a good way to make a  
>> name
>> for yourself.
>>
>> -Reggie
>>
>> On Mon, Jan 24, 2011 at 3:31 PM, Tom Hansen <thansen at moscow.com
>> <mailto:thansen at moscow.com>> wrote:
>>
>>    So, some second-year law student is trying to get a name for
>>    himself with
>>    a little "chest thumping."
>>
>>    Courtesy of the Moscow-Pullman Daily News.
>>
>>    ---------------------------------------------------------
>>
>>    Law student sues University of Idaho over gun rights
>>    January 24, 2011, 3:14 pm
>>
>>    The University of Idaho is being sued by one of its law students  
>> who
>>    claims he should have the right to keep firearms in his on-campus
>>    apartment.
>>
>>    Aaron Tribble, a second-year law student at the UI, is  
>> representing
>>    himself in the suit, which he filed last Tuesday in Latah County
>>    Second
>>    District Court.
>>
>>    Tribble, 36, and his family live in one of the university’s  
>> South Hill
>>    Vista apartments for married students and students with children.
>>
>>    He claims the UI's policy banning firearms from campus — and by
>>    extension,
>>    his current place of residence — is a violation of his Second
>>    Amendment
>>    right to bear arms and his 14th Amendment right to due process.
>>
>>    Students are allowed to store and check out their firearms at the
>>    Moscow
>>    Police Department's on-campus substation, but Tribble said the
>>    university
>>    is violating his rights by not allowing him to store his guns at  
>> his
>>    residence.
>>
>>    UI spokeswoman Joni Kirk confirmed Monday the university had
>>    received a
>>    copy of the lawsuit and was reviewing it, but she declined further
>>    comment.
>>
>>    ---------------------------------------------------------
>>
>>    Seeya round town, Moscow.
>>
>>    Tom Hansen
>>    Moscow, Idaho
>>
>>    "The Pessimist complains about the wind, the Optimist expects it
>>    to change
>>    and the Realist adjusts his sails."
>>
>>    - Unknown
>>
>>
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>>
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