Skip to comments.UK Gun Owner Fired Over Gun in Car (Kentucky)
Posted on 05/01/2011 9:02:05 AM PDT by marktwain
The University of Kentucky has fired a graduate student and former anesthesia technician, Michael Mitchell, for keeping a gun in his car a mile away from the university hospital where he was employed.
The university then proceeded to try to deny Mitchell unemployment compensation by claiming, unsuccessfully, that he was fired for misconduct. A hearing officer found against the University of Kentucky and in favor of Mitchell.
All this, despite the fact that Mitchell had a Kentucky concealed carry permit, believed he had fully complied with Kentucky law governing concealed carry, and therefore cooperated fully with police and university authorities.
And finally, Kentucky Revised Statutes sec. 27.020 seems to prevent a state institution like the University of Kentucky from interfering with the Second Amendment rights of a concealed carry permit holder. That section holds, in part, that [n]o person or organization, public or private, shall prohibit a concealed carry permit holder from transporting a firearm in his vehicle in accordance with law.
So....... Whats up with the University of Kentucky?
The answer is that its probably not much different from many Left-leaning universities. After all, Virginia Tech fought hard and successfully to keep guns off its campus nearly a year, to the day, before a crazed gunman killed 31 people on that campus.
Mitchell appealed a ruling from Fayette Circuit Court Judge Pamela Goodwine, who dismissed his suit against the University of Kentucky because its anti-gun animus was not a violation of public policy.
Judge Goodwine claims to have read U.S. Supreme Court language concerning exceptions to the Second Amendment. This language is called dictum and is non-binding.
But Goodwine seems to have missed the point of the Supreme Courts decision in Heller: Americans have a constitutional right to use firearms to defend themselves.
Kentucky concealed carry permit holders arent a problem in America. Rather, the problem is liberal anti-gun institutions who want to disarm their students and employees - at the same time that they are adamantly incompetent in their efforts to protect persons on their property.
Mitchell appealed directly to the Kentucky Supreme Court, which voted 5-2 to hear his appeal. A win in this lawsuit will end the illegal and discriminatory practice on the university.
ACTION: Our friends at Kentucky Coalition to Carry Concealed (KC3) have set up a fund for Michael Mitchells legal defense. Please visit https://www.kc3.com/donation.php to contribute to this important cause. Any contribution, however small, to this effort to fight on behalf of the Second Amendment would be appreciated.
Sounds like the University of Kentucky has too much taxpayers money. That should be fixed for the commies.
The article doesn't say, but I'm assuming that wherever his car was, it was not on school property (considering it was a mile away). Is that correct that he wasn't parked on school property?
If so, the case seems simple to decide given the context of the more recent Supreme Court rulings, and he'll win easily. If not, it probably becomes a bit more complicated. Even with Heller & McDonald, the Court carves out exceptions for "sensitive" places like schools.
No mention of a civil suit. I hope Mitchell sues UK.
UK took this action because they thought they were about the law and could get away with it. Time to fix that.
When did Pennsyltucky go Left?
Next they’ll be banning Bourbon and Cigars
For the life of me, I can’t understand why we aren’t allowed to protect ourselves at work, schools, churches and gubmint buildings.
I got fired for the same thing in 2001 while working for a major bank. They found out I had a gun in my car and 3 weeks later I was gone.
~ Lt. Robert Weisskopf, head of the Chicago police lieutenants’ union, as quoted on msnbc DEC2010.
As long as it isn't passed on to the citizens, I hope he owns them.
Hmmmm. UMM. The Univerisity of Michael Mitchell, featuring the Michael Mitchell Wildcats...
Time for a lawsuit.
Yup. Criminals are deviates but they aren’t necessarily stupid. Some are quite clever.
They are often masters at gaming the system.
nose of the camel in the tent syndrome = firearms confiscation creep
As long as this story is complete then Mr Mitchell ought to be retiring soon! I hope he bankrupts them!
We who still believe in the Constitution must understand that only the rules and laws of LIBERALISM have any actual standing today. Until the Republicans we elect to defend our nation and liberty begin to do their JOBS, it will never change.
“Even with Heller & McDonald, the Court carves out exceptions for “sensitive” places like schools.”
ODH, ever heard a cogent explanation as to why carrying a concealed weapon is more dangerous in these “sensitive” places than, say, leaving it in your car a mile away?
I thought folks in Kentucky were a little more sane than this...
complete??? there is no pertinent info.....whose property was the car on??? how did the school come to find out???? who writes this $h!t......
I'm not defending the logic (or more correctly - illogic) of UK's gun policy. I'm just saying that as a matter of law, plaintiff's case is wanting (at best) if he was actually parked on University property. If he didn't park on University property, he probably prevails on appeal. If he did park on University property, he likely doesn't. That's all I'm saying.
Journalism majors from lib universities like U.K.
As an aside, the Army wanted my brother to get his Master's degree and he considered UK, but got the distinct impression that the people in charge in that dept. didn't care much for the military. He got his Master's degree elsewhere.
“The article doesn’t say, but I’m assuming that wherever his car was, it was not on school property (considering it was a mile away). Is that correct that he wasn’t parked on school property?”
I have a BIG PROBLEM with the article just for that reason. I have no clue where he parked and who owned the land or any any other context. I feel like they’re trying to manipulate my feelings towards this. The issue of whose property he’s on is absolutely critical. If the car is on non-university property, then it’s open and shut, no need for even mentioning the Second Amendment. If it’s on UK property, then it becomes and interesting Constitutional debate.
I understand your point. I was genuinely interested in whether you’ve seen a non-touchy-feely defense of “sensitive” locations. Seems to me my kid’s school and my church are safer places to be when I’m carrying my weapon. And (I have to add) Ft Hood would have been a safer place if somebody besides Hassan had been carrying...
I have the same problem. Very poor journalism. Whether his car was on UK property is a KEY point. We can’t have an informed debate on this story without knowing that. Makes me a little suspicious.
When I got my CCDW here in KY, it was beaten into our heads that we had to be responsible for knowing where the law prohibited CC. Whether we agree with the banned locations, the reality is that we have to deal with it.
Still, I have to wonder that the UK campus extends out more than one mile. Seems unlikely.
Ah, facts! Harder to come by than hen’s teeth here in the “information age”.
No, I can't say that I have.
Well I did mean if there were no other circumstances that actually got him fired!’’
Mr Mitchell has learned why you never talk to the police.
Perhaps Michael as the new owner will correct some of these educational deficiencies.
What?? This?? In KY????
Is there a college or university anywhere in the U.S. that isn't completely dominated by libs?
Out of cuiosity, how did they find out? Same question applies to the Kentucky guy as well.
Maybe not Hillsdale College...but I understand your point.
How did they find out he had a gun in his car, when his car wasn’t parked on University property?
“Makes me a little suspicious.”
Me too. As to extending out a mile, it doesn’t have to be contiguous, it may just be several buildings out there, or a remote (and cheaper) parking lot. From there he may walk or hop a bus.
But we all have to speculate, since they didn’t bother EXPLAINING where he parked.
And, of course, you other point is valid...you have to comply with the law, like it or not...unless you want to be test case. But if that’s your intent, it’s a heck of a big risk. And there are other options...such as getting with the legislature and fixing the law.
On surprise here, being a university. I bet Ashley Judd is having an orgasm because of this news.
I checked. According to some other articles Mitchell's car was parked "in the student parking lot at Commonwealth Stadium". Apparently Commonwealth Stadium is a University of Kentucky facility. To not mention this in the article, while making a big point about how the car was a mile away from Mitchell's work location, is misleading.
I'm not saying that Mitchell doesn't have a good case.
That is a bit harsh, as I can easily think of many reasons when you should talk to the police; witness to a murder, rape or robbery, witnessing someone run down a family member, etc, you get the picture.
I get your point but think it best to qualify your remark as “never” is really not your position.
Mucho thanks (a little Spanish Lingo).
I suspected something like that. We get dicked around enough by the liberal media, we sure as hell don’t need our media doing the same.
As to the Constitutional end, my sympathies are gone on this one...if I’m not fed straight information (from what is supposed to be a friendly source), I don’t really care what happens.
I'll say it - he doesn't have a very strong case, at least on its face. Courts have given wide latitude to employers, and especially schools & universities, with respect to creating the (largely fictitious) "safe working environment". Heller and McDonald haven't done anything to limit those employer protections, even if the employer is the state of KY.
Personally, (at a minimum) I think the court should carve out some safe-harbor exceptions for people - like this man - who are licensed to carry, to keep their firearms safely locked in their vehicles even if those vehicles are on school property. Maybe this can be an angle that he attacks.
I would not recommend that any client of mine speak to police outside the presence of their laywer, and certainly NEVER completely absent assistance of counsel.
There are too many people in prison today who thought they were "doing the right thing" in speaking to police, perhaps as a cooperating witness, perhaps as something else, that eventually found themselves indicted and then convicted of a crime they didn't commit. It happens, and it wouldn't be hyperbolic to say it happens all the time.
Men died for your right to remain silent, and we should honor their sacrifice by exercising that right, always.
“Call 9-11 and die (or let the other person die).” Other than that, I see no problem with your advice.
Don't take my word for it, listen to this guy - Professor James Duane. He spells out succinctly how innocent people end up getting themselves falsely accused and convicted, just trying to help out.
“I AM saying that you shouldn’t talk to police - ever - outside the presence of an attorney.”
He makes a good point, but I don’t go that far. I’ve had better luck not staying silent. Having said that, I’ve traveled in Michigan with pepper spray that wasn’t approved for that state (which is a big deal if you’re caught - I read an article about it happening to someone) - luckily I never met the pigs there. But if I did, I wasn’t worried about it - STUPID ME. Moral of my story, if I’m in Texas, where I know the law, I will be respectful, to the point of permitting a search (if I have nothing to hide), if I’m out of state - new rules, GET A WARRANT. Obviously, I have something to hide or fear, of course get a warrant.
Thanks, useful information.
I have to agree with you on this. For reasons I won't go into again, but I have detailed in other posts.
Being innocent AND honest can net you a lot of aggravation, if not real trouble. It is instructive to always be aware that the police (even the honest ones) believe everyone is a liar. This means you and me.