Preemption, Firearms and Taking a Gun to Class
From OCDLA Library of Defense
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by: Ryan • September 27, 2011 • no comments
Today, the COA held that OAR 580-022-0045(3) - an administrative rule of the Oregon State Board of Higher Education and the Oregon University System - is invalid.
OAR 580-022-0045(3) states:
"Procedures to impose applicable sanctions may be instituted against any person engaged in any of the following proscribed conduct: "* * * * * "(3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally owned or controlled property, unless expressly authorized by law, Board, or institutional rules (for purposes of this section, absence of criminal penalties shall not be considered express authorization)[.]"
The court never reached the 2nd Amendment question, because it decided the issue subconstitutionally.
Therefore, we conclude that OAR 580-022-0045(3) is an exercise of an "authority to regulate" firearms that is not expressly authorized by the Legislative Assembly, and that it is preempted by ORS 166.170(1). Accordingly, the rule exceeds the agency's authority, ORS 183.400(4)(b), and is invalid.
