Physics graduate student Brian Stubbs filed a lawsuit in Federal District Court against the Oregon State Board of Higher Education and the Oregon University System for not allowing him to carry a concealed weapon on campus.
Stubbs, who said he has a Concealed Handgun License and wants to exercise his right to carry a concealed handgun on public property, challenged the board’s policy of excluding CHL holders from carrying a firearm on property owned or controlled by OUS.
Kristian Roggendorf, Stubbs’ attorney, mailed the complaint to the Federal District Court in Eugene Wednesday, and it is expected to be filed by the end of the week.
The complaint stated that Oregon statute allows licensed holders to carry their firearms in all public places except courtrooms. The only leeway is given to the Oregon Legislature to regulate firearms.
Roggendorf said the legislature passed a statute giving cities and counties the ability to pass laws to prohibit gun use, but police officers and license holders are an exception.
“(OUS) doesn’t have authority to ban lawfully carried firearms on campus,” he said.
OUS spokeswoman Di Saunders defended the decision to ban handguns on campuses.
“Student safety on OUS campuses is our first and foremost concern,” she said. “That is why the state board went beyond the Oregon statute and voted to not allow handguns on Oregon public campuses.”
But Stubbs argues it isn’t an issue of safety.
“Prohibiting law-abiding citizens from carrying their handguns onto campus will not stop a criminal who is intent on violence,” he said. “It will just ensure that all of the potential victims are unarmed and unable to defend themselves.”
He added that knowing firearms are banned only provides an illusion of safety.
“There is an important difference in feeling safe and actually being safe,” he said.
Roggendorf agreed with Stubbs.
He said 35 states have a liberal policy allowing people to carry handguns. He added that there have been infrequent cases of minor crimes committed by CHL holders carrying their firearms, fewer instances than by the general population.
Roggendorf also said licensees tend to be safer with firearms and they have far lower crime rates dealing with guns, other than senior citizens.
Kevin Starrett, executive director of the Oregon Firearms Educational Foundation, said Stubbs took it upon himself to change the policy but eventually sought help from the organization nearly a year ago. The nonprofit organization is committed to fighting for the rights of gun owners in court.
The group raised money to cover Stubb’s attorney fees.
“For some time we have known that schools all over the state have been violating the law,” Starrett said. “It is a case with statewide implications.”
Stubbs sued for an injunction from the court prohibiting OUS from constricting licensed gun holders. He sued for no monetary damages but asked for a reimbursement for attorney fees.
“It is important that the board and university system respect the limitation of their powers and cease infringing on the rights of students, faculty and staff,” he said.
He said this is an important issue concerning the rights of citizens.
“This lawsuit is about restoring rights to citizens and making the board of higher education and the Oregon University System obey the law,” Stubbs said.