No guns at MTSU – even for police
Received via email:
It has come to the attention of the Tennessee Fraternal Order of Police State Lodge that Middle Tennessee State University has decided on a policy not to let off duty officers carry their firearms on campus or in the classroom. I wanted to inform our members as well as all law enforcement that at this time I have directed the State Lodge Legal Counsel to research this issue.
It is my belief that there is State Law, and possiblely Federal and Case Law that not only gives off duty officers the authority to carry their weapon on a public campus but that officers are required to act in certain situations, on or off duty, to attempt to make an arrest. I would also submit that should a situation of an “active shooter ” on campus arise the actions taken by an armed off duty officer would save lives.
As I said our legal counsel will research the appropriate T.C.A.’s, Federal and Case Law and render an opinion. After we have received his opinion the State Lodge will then decide on a coarse of action to resolve this issue. I will keep you informed.
Another email states that MTSU’s policy may be illegal.
September 3rd, 2008 at 8:36 am
This phrase;
is legalese for “this is illegal”.
September 3rd, 2008 at 9:44 am
I don’t know your state law, but there is no federal law prohibiting this.
September 3rd, 2008 at 3:14 pm
Different laws for me and thee.
September 3rd, 2008 at 3:16 pm
“but that officers are required to act in certain situations, on or off duty, to attempt to make an arrest”
I would say that, based on Castle Rock v. Gonzales, there’s very little truth to this claim, at least with regards to federal law or legal liability. Refusing to act may get them fired, but they couldn’t be sued for it.
September 3rd, 2008 at 4:42 pm
of course cops can make the argument that they might need their gun to stop a violent situation, but students have no ground to stand on if they try the same argument.