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.
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?
Colonel, USAFR
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.
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