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....... What’s up with the University of Kentucky?
The answer is that it’s 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 Court’s decision in Heller: Americans have a constitutional right to use firearms to defend themselves.
Kentucky concealed carry permit holders aren’t 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 Mitchell’s 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.
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...
Colonel, USAFR
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!’’
Cheers
Mel
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.
See #38.
“Never”?
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.
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