This morning I had an excellent conversation with the University System of New Hampshire General Counsel Ronald Rogers and Plymouth State University Vice President for Student Affairs Richard Hage. I got a genuine sense that these two professionals were doing their very best to balance what is understandably is a difficult situation to deal with.
In response to the respectful way that the General Counsel and Vice President’s concerns were addressed to me, Tommy and I have decided that during our educational outreach we will have unloaded weapons with both trigger and breech locks securely affixed. In other words, the firearms we intend on carrying for symbolic speech will be rendered absolutely non-functional.
Two individuals are planning to carry firearms onto a Plymouth State University this Friday – December 9th, 2011 – which may be illegal. One of those individuals is Brad Jardis, a former NH police officer, and the other is Tommy, former military. Brad and I met a few years ago, he even blogged at CopBlock for a short time (come back Brad!), so I was excited to sit down with him and get the scoop on this story.
As you’ll see (or seen) in the video above, Brad states that universities have been telling students, guest and parents that it’s against the Universities rules for people to carry firearms on university property. Yet, New Hampshire law states that no political sub party can make such a regulations in regards to certain things, including guns (read more at FreeKeene.com)
So this Friday Brad and Tommy will be walking around Plymouth State University handing out educational material with rifles strapped to their backs. Brad hopes they’ll educate people about their right to bear arms and no one will be arrested. Though he’s not only willing to go to jail over this, Brad has vowed to take the case as far as he can go if arrested Friday. CopBlock.org cameras – myself included – will be on hand.
***REPORT*** Brad reports that classes are being cancelled due to domestic threats****
Plymouth Campus Police (603)535-2330 OR Public Relations at the University (603)535-2276
Schools in the area will be visited on a rotating basis.
On Tuesday December 6, 2011, eight people went out to the Keene High School to do outreach. “CopBlock.org” and “Stop War” banners were positioned facing the school so that they were visible to individuals on or leaving the premises. Those holding the banners waved to people on the buses and many returned friendly gestures.
Fliers were offered to as many individuals leaving on foot as possible. The majority of students approached accepted the flier and seemed genuinely interested.
“The advancement and diffusion of knowledge is the only guardian of true liberty.” – James Madison
As has been reported here at FK, first the Keene district court banned cameras from its lobby. Activists Sam Dodson and Dave Ridley were arrested for defying this ban. A couple of years later, the ban was extended to all media devices and applied to the entire courthouse. It was at this time that the “superior court” in Keene also picked up the ban and began confiscating cell phones and other devices. District court had Derrick J arrested in the lobby for recording this summer (the charges were dropped later) and superior court later had Jason Talley arrested for recording in their lobby. He is still facing trial on that matter. Around this same time, the total media device ban was extended to all circuit courts in NH.
It has been an all-out assault on press freedom in the NH courts for the last couple of years, but all-of-a-sudden, a new “Administrative Order” has been released on 12/1. Here’s a link to the superior court version of it by head judge Tina Nadeau, which has nearly identical language as the one that the circuit (district) court also released.
As is their habit, the people calling themselves the “City of Keene” have threatened Beau Davis with caging if he sets foot on Central Square. This is the same thing they have done to FK blogger Derrick J and other activists arrested there since this summer. It’s a desperate attempt at control. Here’s Beau, interviewed across the street by Fr33 Agents:
I have a very simple response to those who are calling me incorrect when I’ve repeatedly claimed that the University System of New Hampshire is a “political subdivision” and therefore has firearm and knife regulations that are illegal under New Hampshire law.
Well, actually, the United States District Court for the District of New Hampshire and the University System of New Hampshire itself is the one with the response to this particular criticism. The response is found in University System of New Hampshire v. U.S. Gypsum 756 F.Supp. 640 (1991):
For purposes of this motion, the amount in controversy is not at issue. The issue is whether USNH is a citizen of the state of New Hampshire for the purposes of diversity jurisdiction. Defendants argue that USNH is a mere “arm” or “alter ego” of the state, and as such cannot be a citizen of New Hampshire for the purpose of diversity jurisdiction. Plaintiff USNH contends that under New Hampshire Revised Statutes Annotated (“RSA”) 187-A:1, it was established as a “body politic and corporate,”7 and thus, although it is a political subdivision of the state, it is not an “alter ego” of the state, and is therefore a citizen.
…
Based on its review of the status of USNH vis-a-vis the State of New Hampshire, the court finds that USNH is a governmental corporation of sufficient autonomy to escape designation as an alter ego of the state. USNH is therefore a citizen of New Hampshire, subject to the diversity jurisdiction of the federal court.
That’s right: the University System of New Hampshire argued in the United States District Court back in the early 90’s during an attempt to invoke federal diversity jurisdiction that it is a “political subdivision” of the State of New Hampshire. See section “c” of the statue I linked (28 USC 1332) to understand why USNH needed to be a “corporation” and not part of “the state” to proceed with their lawsuit. The court agreed with USNH’s argument.
I would like to take this opportunity to remind the University System of New Hampshire’s General Counsel (who will undoubedly be advising the Plymouth State University Police how to handle Tommy Mozingo and my information distribution on Friday) that this is still controlling law here in New Hampshire.
Quoting United States Magistrate Judge Landya B. McCafferty in the 08/25/10 non-published opinion of John Collins, v. University of New Hampshire and Bruce L. Mallory (Civil No. 09-cv-78-LM) “While Univ. of N.H. vs. U.S. Gypsum Corp. is nearly 20 years old, it remains good law.”
To everyone who doesn’t speak state: I apologize for getting all legal-eezy on you about this. It unfortunately is necessary given the nature of the issue.
