Press Release RE: Plymouth State University Information Distribution on 12/09/11

The following is a press release regarding a information distribution Tommy Mozingo and I will be partaking in at Plymouth State University on 12/09/11. The intent of the information distribution is to call attention to the illegal regulations that the University System of New Hampshire has enacted to restrict self-defense rights by both students and public members.

TO:

Office of General Counsel & Secretary, USNH
Plymouth State University Police
Plymouth NH Police
Holderness NH Police
Concord Monitor (Sarah Palermo)
The Clock (TheClockOnline.com)
The Union Leader
WMUR
Ridley Report

RE: Scheduled distribution of information at PSU on 12/09/11.

DATE: 12/05/11

Greetings,

My name is Bradley Jardis and I am a life-long resident of New Hampshire. I presently reside in Dover and am self-employed.

For approximately eleven years of my life I served in New Hampshire as a police officer. I am a graduate of both the 121st full-time and 211th part-time police academy. In my lifetime I have never been convicted of a criminal or traffic offense.

I am writing to inform you of my intended presence at Plymouth State University on 12/09/11. The purpose of my presence is to interact with members of the PSU community and inform them of an illegally instituted regulation which violates NH RSA 159:26, New Hampshire’s firearm and knife preemption law.

The law reads:

159:26 Firearms, Ammunition, and Knives; Authority of the State. –

I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision’s right to adopt zoning ordinances for the purpose of regulating firearms or knives businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.

II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies, or knives shall be null and void.

-/-

As you’ll note, the law forbids a “political subdivision” from adopting a “regulation” that prohibit the possession of firearms, firearms components, ammunition, firearms supplies, or knives unless such control is authorized by the NH General Court. This law was enacted in 2003 and originally only included firearms, ammunition, and firearm components. On 06/09/11 Governor John Lynch signed HB554 which modified the law to preempt any restrictions on knife possession. HB554 became effective on 08/06/11.

According to state law, the University System of New Hampshire to which Plymouth State University is a member, is a political subdivision. It’s establishment as a “body politic and corporate” is codified in RSA 187-A:1:

187-A:1 The University System of New Hampshire. – The university system of New Hampshire is established and made a body politic and corporate, the main purpose of which shall be to provide a well coordinated system of public higher education offering liberal undergraduate education encompassing the major branches of learning, emphasizing our cultural heritage, and cultivating the skills of reasoning and communication. The university system shall provide for professional and technical 2-year, 4-year and graduate programs which serve the needs of the state and the nation; for research which contributes to the welfare of mankind, to the development of the faculty, and to the educational experience of students; and for its faculty and staff to bring educational resources and professional experience to the benefit of the state and its people. The university system of New Hampshire is authorized to grant and confer in the name of the university system of New Hampshire all such degrees, literary titles, honors and distinctions as other universities may of right do.

-/-

Plymouth State University’s individual establishment as a “body politic and corporate” is codified in RSA 187-A:11:

187-A:11 Keene State College, Plymouth State University, and Granite State College. –

II. Plymouth state university is established and made a body corporate and politic and a division of the university system of New Hampshire.

-/-

The USNH and PSU’s status as a political subdivision combined with RSA 159:26 renders the Plymouth State University weapon control regulation unenforceable insofar as it pertains to firearms, firearm components, firearm supplies, knives, and ammunition. The regulation I am referring to (obtained from your internet website) is as follows:

Weapons, Firearms, and Explosives

This policy pertains to items that would generally be considered dangerous on a university campus and/or illegal such as but not limited to: Firearms; guns (pellet, air, paint ball, tranquilizer, stun, spear, dart); slingshots; switchblades; knives with a blade longer than 4 inches; combat and martial art type weapons (metal knuckles, throwing stars, clubs, metal swords); bows; arrows; explosive devices or substances (grenades, bombs, fireworks, ammunition).

The possession of any item referenced above is not allowed on campus property except with the expressed permission of the Chief of University Police.

Use of any item referenced above is not permitted on campus property.

Transfer or sale of any of the items referenced above is not permitted on campus property.

If a replica/toy version of any weapon will be used for an on-campus class presentation, project, or activity, the faculty/staff member overseeing the event and University Police must be alerted prior to the event occurring.

Authorized items may be stored in the University Police Office.

Exceptions to this policy include pocket knives, general tools, utensils, or items not designed as weapons unless the object is used in a way that would be considered dangerous.

-/-

A recent example of the illegality of similar regulations can be found in an Oregon Court of Appeals opinion that was issued on 09/28/11. The Court found that public university regulations banning the possession of firearms, similar to those of the University System of New Hampshire, were completely nullified by the Oregon’s firearm preemption law. This case is Oregon Firearms Educational Foundation v. Board of Higher Education and Oregon University System (A142974).

When I am present at your campus I will be accompanied by an associate, Tommy Mozingo. Tommy served in the United States Army from 2002 to 2006 and was discharged honorably. Following his service in the Army he worked for four years as an employee of General Dynamics at both Fort Bragg in North Carolina and Miesau Germany. Tommy has never been convicted of a criminal offense and, like me, has extensive training in firearms use, retention, and safety.

Tommy and I will be walking in areas open to the general public, holding signs, and handing out reading material which details to students and visitors that the Plymouth State University has no legal authority to regulate the possession of knives, firearms, and ammunition. We will be dressed professionally and will both be carrying an unconcealed, loaded, and slung rifle. Possession of the firearm is intended as being symbolic of the statement we are attempting to make. We present absolutely no threat to the safety of the public or any government official.

During our time present we will additionally be distributing information regarding how students and visitors can attend a free firearm safety and education class that an associate of ours will be conducting at or near the PSU campus in January of next year.

Should Tommy or I be ordered to leave the property by law enforcement authorities we will respond in the following manner:

1) We will inquire with whatever authority is demanding our departure precisely what we have done to justify removal from areas open to the public.

2) Should we not be given a response, we will presume the reason we are being told to leave is because we are in violation of illegal firearm regulations. We will remain in defiance of an order for us to leave as this will not constitute a “lawful order” under New Hampshire’s law. Simply put, no order can be lawful when it is issued pursuant to an illegal regulation.

3) Should we be told that we are being ordered to leave for being in violation of PSU’s illegal firearm regulation, we will remain in defiance of an issued order for us to leave for the reasons detailed in #2 above.

4) Should we be told we are under arrest for our refusal to follow an illegal order, we will comply respectfully with the arrest order notwithstanding our disagreement with its legality. We will completely comply with RSA 594:5 and RSA 642:2 and cooperate fully with law enforcement.

Although we understand we may have differing opinions regarding the suitability of people arming themselves for self-defensive purposes in an educational setting, we find the contempt the University System of New Hampshire and Plymouth State University has for New Hampshire law to be inexcusable. Under the current illegal regulations, a law abiding parent of a PSU student is misled to believe that they may not carry an otherwise legal firearm on campus. I believe it is also worthwhile to note that last month the NH General Court significantly strengthened the law which allows the use of a firearm in self-defense over Governor Lynch’s veto. To deny this recently enhanced legal right to individuals based on illegal regulations is absurd.

Our goals with this outreach event are as follows:

1) To call public attention to the preempted regulations with which PSU improperly threatens students and visitors.

2) To encourage your students and visitors to attend a free firearm safety class.

3) To encourage students and visitors to be aware of their legal and natural right to defend themselves from violent attack.

4) To use any criminal enforcement action taken against us as standing to bring this issue to the New Hampshire Supreme Court. We are ready, willing, and able to litigate this issue to the maximum extent of the law.

5) To encourage the University System of New Hampshire, a political subdivision which is subordinate to state control, to respect the authority of the NH General Court.

-/-

Rep. J.R. Hoell of Dunbarton stated recently in the Concord Monitor: “as long as UNH receives taxpayer money, they are a subdivision of the state and they are completely disregarding the law(.)” We completely agree with Representative Hoell and intend on making the public aware of the USNH/PSU firearm and knife regulation which is in direct contravention of public policy.

Although we are prepared to be arrested to contest this illegal infringement of self-defense rights, we would respectfully ask that you not take illegal enforcement action against us.

Respectfully,

Bradley Jardis
Dover, NH

UPDATE!

Please help us fund our legal efforts to protect self-defense and firearm freedom in New Hampshire!

The Chip-in page can be found here.

50 comments
Julia
Julia

rob d, you bring up a very good point. I too know people from the western US (Montana, rural Colorado, etc.) who were able to bring guns to school because they grew up in a "gun culture". However, so many young people in NH come from regions (mostly Mass and NY, also Connecticut and states like Maryland) where guns are taboo and not part of everyday life for most everyday people. Which is another reason why I have doubts about the FSP's success. NH, for all its "live free or die"-ness, is hardly the frontier. It's a New England state and a run-off of Boston at that. Where I grew up (south Merrimack Valley) almost everyone was originally from Mass or associated more with the culture of Boston than the culture of, say, rural NH. Not that culture determines everything, but it's something you seriously can't ignore.

rob d
rob d

also, have u thought of what will happen if it does not go the way that you are thinking in court? like jail time and shit. not cool dude

rob d
rob d

i went to montana state university for a year, guns were allowed out there, nothing happened, because most people out there grew up with a firearm in their home, but here, more than half the campus comes from regions where guns are not the norm, like our huge Mass base. Honestly, it will not look good to parents and such if people are walking around with guns, and why should it, people go to school to learn. and if everybody remembered that this would not be an issue, nobody would feel the need to bring a gun on campus. and even in montana, people had to show their license to all of the R.A.'s, and then they were allowed to bring their gun in, unloaded. Guns are ment for killing, there is no need to kill, we all are trying to better ourselves. I know that my words do not mean anything to you, but I hope that they make you think about what you are doing for a min.

Does it matter?
Does it matter?

So is Plymouth high school next on your tour, maybe the middle school too??

le gens
le gens

People just need to get along without guns. Can we do that, or are we so ignorant and that we can't. And remember that guns kill not people.

Shaun
Shaun

Why does everyone always miss the "well regulated militia" part of the second amendment?

Harold
Harold

This comment is cross posted Dec. 8, 2011 Bradley; Appears a little honey coating, that’s O.K. People have to realize not to have fear. The issue here is Rights and Oath of Office to Protect everyone’s Rights. Any official that would enforce this campus directive with force is in violation Oath of Office, and should be removed. Your Rights have to be protected not the directive. People have a choice either move to where you’ll constantly have a boot in your face or work to take back America. Make America the shining light of the World. Liberty. People have to realize the more you disagree with a position, the more you have to fight for that person’s right to express it. Whether gay rights, tea party, occupiers, arms rights, ruination of America via of wars, abolition and any other position for or against. If the majority cannot protect the rights of one individual, we should turn the country over to the Goblist/Communist. I sure in hell will not allow that to happen. I advise all persons concerned here to get the united States of America Constitution and the New Hampshire State Constitution. Study and learn how to apply it. Also learn nullification. (note I used united States of America, not United States, there’s a difference, study). I will reiterate my position, ‘all gun laws pertaining to infringement of arms, are Illegal‘. May I suggest everyone shake Brad’s hand or a big hug for protecting our Rights and Freedom. I will enclose a fantastic statement by Bradley, regarding medicinal marijuana when he was a LEO. This statement will illustrate Bradley’s Patriotism as an American. In closing to all commenter’s, do you know the owners of the Federal Reserve? They control your life from cradle to grave, and your concerns are about arms on campus, just amazing. Assuming you don’t know who the owners are. Harold Free Keene NH Cop Refusing to Arrest Medical Cannabis Users! Filed under: National, News, Police, noncooperation — Ian at 12:25 am on Monday, January 18, 2010 From Law Enforcement Against Prohibition Member Brad Jardis, a 10+ year veteran of the NH police force (and probably the most courageous cop I’ve ever known): Hello everyone. As you all know, I have been cleared for duty and will be reporting back shortly. I have been re-reading the NH Constitution carefully so that when I return I am well versed. I have come to a conclusion in reading the document I am sworn to defend: It is unconstitutional for the state to take action against a sick person who decides to use Marijuana to treat a medical condition. I will never arrest a person who possesses, uses, grows marijuana to treat a medical condition……. and neither should any other NH LEO who intends follow his or her oath. I won’t even take it from them. Legal argument in support of my declaration (quite simple): -/- 1. Short of fellating the entire NH General Court and the Governor, political activists in this state have done everything to present FACTUAL evidence to support allowing sick people to use a natural substance to ease suffering. I personally have begged the General Court to not make me arrest sick people. 2. Chief DEA Administrative Law Judge Francis Young ruled in 1988: “Marijuana, in its natural form, is one of the safest therapeutically active substances known. It would be unreasonable, arbitrary, and capricious for the DEA to continue to stand between those sufferers and the benefits of the substance.” 3. Fourteen other states (and DC) allow the sick and dying to use Marijuana as medicine to alleviate suffering. 4. Article 10 of the NH Constitution reads as follows: Quote [Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. 5. Government prosecuting a sick person for using a scientifically proven safe substance does not “benefit,” or “protect(…),” any community. 6. Government prosecuting a sick person for using a scientifically proven safe substance IS in-fact the emolument of a class of men: pharmaceutical companies. This is proven by evidence of pharmaceutical companies fighting against medical Marijuana laws. You cant grow Oxycontin in your living room, now can you? 7. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “absurd.” 8. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “slavish.” 9. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “destructive of the good and happiness of mankind.” -/- Conclusion: I won’t do it. Ever. Take your unconstitutional law and stuff it. You know who I am, you know where I work, and I am not afraid of any of you. My word, my oath, is to the people: not the tyrants who want them to suffer. - Bradley

Julia
Julia

As much as I love guns, I will say one thing: I find it ironic how so many militant-pacifist free staters like to go on about "ending aggression" and insist that "aggression doesn't work" when it comes to ways to fight against the state. However, if you truly believed that aggression doesn't work, why do you insist on carrying guns? That to me signifies something like, "leave me alone, or I'll shoot your brains out" (not very pacifist). Pacifism is psychopathy. Read Gelderloos.

none
none

The comments here indicate brad did a good job of setting things up so that the students and educrats will make his point for him. They are going ballistic enough to finally move this discussion off the back burner. Jardis may not have to do much of the work. The groupies of the status quo will do the heavy lifting and drama creation so he doesn't have to. Who are any of them, to think they can dictate whether peaceable adults on public property have self defense tools?

Brad
Brad

You have a very good point NH Native. I had a very productive conversation with the Vice President for Student Affairs at PSU and the USNH General Counsel today. There will be a slight modification of what we are going to be doing in response to being respectful of concerns they have.

david-keene
david-keene

I DONT KNOW.............guns on campus? why...i mean drunken frat guys w guns.... um.....i think pencils r better.....but.........i may still go...the pencil is mightier than the gun...lol

NH Native
NH Native

Why is a handgun not possible? Respectfully, I think the public opinion of this event will be far more in your favor if you go with a handgun, which implies defense in most people's minds, rather than a rifle, which most do not associate with defense.

Brad
Brad

NH Native, We will be dressed professionally... so open carrying a handgun becomes rather difficult. Thank you for your support though :) Zoe, We are bringing firearms to make it abundantly clear that the USNH has no authority to regulate your possession of firearms. We're putting our money where our mouth is so that the word spreads that USNH has illegal regulations.

Thurston Phillips
Thurston Phillips

DAMN I DIDN'T KNOW Y'ALL WOULD GO THIS FAR! As you know Brad, I have always supported you and your pro-liberty activism. This though takes the cake. The best part is that it is finals of the semester and all those students are looking for whatever they can to distract them. This should do nicely; it's much more exciting than whatever lefty jibber jabber those "intellectuals" are filling their heads with. So my friends and like-minded neighbors will be joining you guys at Plymouth with our weapons. We have all already "called in sick" to work (luckily our employers are all gun lovers like us and understand) and should be there around 8:45. Can you post a PDF of the pamphlet so we can print out a bunch for us to pass out as well?

PabloKoh
PabloKoh

I support the choice of rifles.

NH Native
NH Native

Zoe, "walking near strangers with loaded guns" is inherent to carrying firearms for self protection, and has a strong and proud tradition in NH. There is nothing dangerous or threatening about carrying a holstered firearm -- in fact, I feel far safer when peaceful, responsible people around me are carrying, because I know if some nutso shows up we'll have a means of defense. I do support what Brad is doing here, but I also think a holstered handgun would be a better choice than a rifle. Any chance of making the change, Brad?

Zoe
Zoe

If the intent is not to be threatening, why bring firearms? Why not signs and literature? It doesn't get much more threatening than having to walk past a bunch of strangers with loaded guns. Sounds like the only people you'll be convincing are the people who already share your view, so what's the point?

Brad
Brad

Micah, This particular information distribution consists of two people: Tommy and I. Tommy and I are going up together and are working together to distribute our information. If people feel empowered by this issue you surely have the right to come onto public property to spread whatever message you deem appropriate. I will make available what we will be handing out to everyone online here most likely by the end of the day. I would just respectfully ask that Tommy and I be the only one carrying firearms.

Micah
Micah

Is there a place we should all meet up? Who do I contact to let them know I am coming / get lit drop materials?

Brad
Brad

Julia, Thank you very much. Keisha, As already pointed out, this is about informing people of illegal regulations enacted and enforced by government officials. The last thing we would ever do is threaten or harm someone.

Keih
Keih

Keisha, when did PSU become a really liberal college? It isn't a very liberal place or a college.

Julia
Julia

Good luck with this, although I have my doubts as to how many people it will convince.

theKINGofKEENE
theKINGofKEENE

LIONS & TIGERS & BEARS & firearms, OH, my!... :(

Tom Sawyer
Tom Sawyer

Keisha, Where does it even imply that this peaceful former police officer is going to threaten anyone with a gun? The state laws are being violated by the school policy. By announcing their civil disobedience intentions, and it now appears they are likely to have some support from students at the school, they will likely be gaining ground and illuminating the legal issue.

Keisha
Keisha

So...what exactly is the plan? Point a bunch of guns at students at a really liberal college and think you are going to get somewhere - seriously.....

Keih
Keih

So if I understand this, you guys are going to be carrying rifles. If that is so, why not carry a handgun instead. A handgun is often thought of as a self defense tool. Typically, a rifle isn't. Maybe I am missing something.

Mike Sylvia
Mike Sylvia

I did read the whole thing (thank you for the details) but I missed the time.

Brad
Brad

Fixed it so anyone can add me as a friend on Facebook.

Matt
Matt

I think I found you but theres no add me on ur site

Matt
Matt

What's your facebook id?

Brad
Brad

Matt, Are you a PSU student? Add me on Facebook, please.

david-keene
david-keene

yea I may go too...sounds good... :-) (i read it) :-)

Matt
Matt

Dude, when is this happneing - My frat is in just tell us when and where

Tom Sawyer
Tom Sawyer

Good on you Brad. Be safe and good luck. It is all about the blatant violation of their own rules.

Brad
Brad

Matt, The reason my release was so long was so I could articulate exactly what is going on. Your vitriol for those of us in the liberty movement notwithstanding, I'm surprised you're defending such an overt disregard for state law. I would challenge you to point out anything that could or would prove me incorrect. Jamie, Thank you very much for the information... I actually was aware of that. They are also appointed by the Town of Holderness. Legally speaking they are under the command of the respective town's police chief. Practically speaking they are under their own chain-of-command.

Jamie Capach
Jamie Capach

For what it's worth, as background information from an alum of PSU and 15 years Plymouth area resident: University Police are actually appointed as officers of the Plymouth Police Department, for what it's worth. So they aren't just university police, they're technically town police. Not sure if it's of any value to you to know this, but even though PSU hires them, they technically must be appointed by the Selectboard of Plymouth and technically fall under the Plymouth PD jurisdiction.

matt
matt

david-keene - just in case you're about to ask another mind numbing question - I'll tell you now..... you gotta have sex to catch crabs. Sorry man - maybe someday it will happen for you.

matt
matt

Yes David, it is called Plymouth State University just as a cruel joke....it is really called the Plymouth Private University. I do agree with you though, that the length of the letter was much too long. It crossed the line from "just letting you know what I'm upset with" to "I'm a crazy freestater and blabbity blop blip". I don't know why a freestater would feel the need to carry guns anywhere or fear of a violent attack anyways....I mean, the whole world are just peaceful people....even those who have been "caged" by "aggressors" and "thugs with badges". College is for studying....and binge drinking and catching crabs. It's not a place to carry firearms around.

Brad
Brad

David, A private college absolutely can dictate who brings what onto their property. The issue here is that this is a public higher education institution established under state law and subsidized by taxpayer funds. Because of this, it is subject to the control of the NH General Court... and the legislature has spoken: No firearm/knife laws/rules unless WE say so.

david-keene
david-keene

I can dictate if someone comes into my house with a gun . can the collage?........its that simple.......

david-keene
david-keene

sooooo that means .....what exactly? A simple "yes its under someones dictates" or "no it's not under someones dictates" is what I was looking for :-)

david-keene
david-keene

and your response didn't answer what I asked but thanks for trying.

david-keene
david-keene

does anyone know what “tl;dr” means? And yea I didn't read it : there was too much. peace,

KBCraig
KBCraig

David, did you just think "tl;dr", and post without reading? Your question was answered in the press release: "Plymouth State University’s individual establishment as a “body politic and corporate” is codified in RSA 187-A:11: 187-A:11 Keene State College, Plymouth State University, and Granite State College. – II. Plymouth state university is established and made a body corporate and politic and a division of the university system of New Hampshire."

david-keene
david-keene

Um,is the collage a private property and as such, under the dictates of whoever?