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Old February 29th, 2008
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Default PA Colleges and premption?

During the drive home-----heard on radio about a safety in colleges commission/meeting for the "14 STATE-OWNED" colleges.

So - how can these colleges prohibit in any way concealed carry (age-approved of course)??

DOe premption not apply?
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Old February 29th, 2008
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Default Re: PA Colleges and premption????/

Section 6120 preemption does not apply to state colleges.

Section 6120 preemption applies to political subdivisions of the Commonwealth, which means 67 counties, 56 cities, 961 boroughs, 1,548 townships and 1 town, and subentitities of such political subdivisions. State colleges are none of these.

State colleges have rules and policies concerning students, staff and faculty as terms of enrollment/employment.

Such rules and policies do not apply to the general public as enforceable "laws".

As a member of the general public, and not a student, faculty or staff member, you are well within your rights to carry, openly or concealed, while on or near the campus, although open carry will undoubtedly lead to some unwanted attention.
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Last edited by Statkowski; February 29th, 2008 at 10:41 PM.
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Old March 2nd, 2008
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Default Re: PA Colleges and premption????/

Curiously like government roads and 'summary offense' driver's license contract 'violations', eh?
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Old March 2nd, 2008
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Default Re: PA Colleges and premption?

No, actually quite clearer. For the students, it's clearly spelled out in their student handbook, complete with possible penalties for violations of the rules thereof. For faculty and staff, it's clearly spelled out in their terms of employment, complete with penalties for violations of the rules thereof.

Yes, it does appear to run counter to the authority granted by an LTCF to carry throughout the Commonwealth, or the two supreme court rulings that open carry is lawful throughout the Commonwealth, but the terms of enrollment/employment are voluntary restrictions accepted by the individual when they sign on the dotted line.

It can also be argued in a court of law that such contractual terms are null, void and unenforceable since they run counter to public welfare, individual civil rights, etc., but until such cases are argued in such a fashion, the contracts and their restrictive terms stand.
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