- Posted April 27, 2012
- Tweet This | Share on Facebook
Kentucky State high court: Gun in glove box legal on campus
By Brett Barrouquere
Associated Press
LOUISVILLE, Ky. (AP) -- Students and staff members at Kentucky universities may keep guns and other deadly weapons in a car's glove compartment, but the schools may continue to regulate them elsewhere on campus, the Kentucky Supreme Court ruled Thursday.
The high court in Frankfort found that while two Kentucky laws conflict on the issue, lawmakers "expressed a strong public policy" in favor of exempting a person's vehicle from the restrictions on deadly weapons on campus.
Under Kentucky law, universities have a right to control the possession of deadly weapons on property under their control. Another law allows concealed weapons permit carriers to store the weapon in a vehicle's glove compartment.
Justice Wil Schroeder, writing for the court, said the law is "clear and unambiguous."
"It forbids a public organization, such as a university, from prohibiting the possession of a firearm in the glove compartment of a vehicle," Schroeder wrote. "There can be no other reasonable interpretation of the statutory language."
The decision came in the case of University of Kentucky graduate student and anesthesia technician Michael Mitchell, who lost his job in 2009 after campus police found a semi-automatic pistol in his car. The issue arose when other students told campus security that Mitchell had a gun in his locker on campus. Mitchell showed officers the gun in his car and was fired several days later.
Mitchell, who has a concealed weapons permit, sued the university claiming he was wrongfully fired for having the gun in his car. Mitchell has said he had the gun both in his glove compartment and in the center armrest of the car.
Justice Lisabeth Hughes Abramson, joined by Chief Justice John Minton, "very reluctantly" agreed with the conclusion, but took issue with the court's logic. Abramson wrote that the conflicting laws and the court's ruling could leave universities powerless and potentially subject to lawsuits from students if it seeks to rid the parking lots of guns stored in unlocked cars.
"That result strikes me, as I am sure it will strike many parents, as an affront to common sense," Abramson wrote. "It certainly is a radical departure from the long practice in this Commonwealth of allowing universities and other institutions of post-secondary education to decide for themselves how to best safeguard their students."
The case drew briefs from the National Rifle Association supporting Mitchell, the Kentucky Council on Postsecondary Education, seven other state universities, backing the University of Kentucky, and the Kentucky Hospital Association.
Messages left for Mitchell's attorney, Christopher Derek Hunt of Lexington, the NRA's attorney, Leslie Sanders of White House, Tenn., University of Kentucky spokesman Jay Blanton and the Kentucky Council on Postsecondary Education, were not immediately returned Thursday.
Fayette Circuit Judge Pamela Goodwine ruled in favor of the university. The high court reinstated Mitchell's suit and sent it back to Fayette Circuit Court for further proceedings.
Published: Fri, Apr 27, 2012
headlines Detroit
- Three takeaways from faculty panel on local and national immigration enforcement
- Michigan’s new Anti-SLAPP law: A practical guide for business counsel
- MDTC honors Massaron with 2026 Appellate Advocacy Award
- Daily Briefs
- Cass Tech Pathways to Law Club visits Third Circuit Court and Judge Baker-Robinson
headlines National
- Online shoppers find deals on the Temu app, but states say the trade-off is personal data
- Florida Bar reverses itself, says it is not investigating Lindsey Halligan
- Attorney indicted for trying to kill her husband of more than 25 years
- American Bar Association cites members’ needs in law firm intimidation hearing
- OpenAI sued for practicing law without a license
- Lindsey Halligan being investigated by the Florida Bar




