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Plymouth State's gun ban argued in court
HAVERHILL — A temporary restraining order that would prohibit weapons on the Plymouth State University campus remains in effect following a court hearing Tuesday on whether they can be banned.
The order was made last Thursday, the day before two men planned to bring loaded firearms to the campus in protest of a policy that bans deadly weapons. Through a statement issued last week on www.FreeKeene.com, former Epping police officer Bradley Jardis of Dover and Tommy Mozingo of Manchester announced their action to carry “unconcealed, loaded, slung rifles” in protest of what they say is an illegal ban.
On Tuesday, attorneys for PSU and Jardis and Mozingo argued the restraining order in Grafton County Superior Court. At the conclusion of the 45-minute hearing, Judge Timothy Vaughn took the arguments under advisement and set a Jan. 3 court date for both sides to further argue the constitutional issues in the case. With no ruling, the restraining order remains in effect.
Attorney Lee Smith, representing PSU, said at issue are two state laws, RSA 159.26 and RSA 187.82, and which one pertains to the University System of New Hampshire. Officials, Smith said, were concerned about the “fear and anxiety” the men, and anyone who joined their protest, would prompt at the school.
“The injunction avoided what could have been a very tense, very scary situation on campus,” Smith said.
One of the issues during the hearing is whether USNH is a “political subdivision,” as outlined in RSA 159.26, and has authority to ban weapons.
Brandon Ross, representing Jardis and Mozingo, said the New Hampshire Bill of Rights upholds the right to bear arms.
The two men showed up on campus Friday, but did not carry guns because of the restraining order. They spoke with anyone interested and handed out literature about the Free State Project.
“I’m not sure if fear and anxiety should infringe upon the right to carry a rifle,” Ross said.
Smith said the school’s policy is “viable and enforceable.”PSU protest: Guns on campus?
The order was made last Thursday, the day before two men planned to bring loaded firearms to the campus in protest of a policy that bans deadly weapons. Through a statement issued last week on www.FreeKeene.com, former Epping police officer Bradley Jardis of Dover and Tommy Mozingo of Manchester announced their action to carry “unconcealed, loaded, slung rifles” in protest of what they say is an illegal ban.
On Tuesday, attorneys for PSU and Jardis and Mozingo argued the restraining order in Grafton County Superior Court. At the conclusion of the 45-minute hearing, Judge Timothy Vaughn took the arguments under advisement and set a Jan. 3 court date for both sides to further argue the constitutional issues in the case. With no ruling, the restraining order remains in effect.
Attorney Lee Smith, representing PSU, said at issue are two state laws, RSA 159.26 and RSA 187.82, and which one pertains to the University System of New Hampshire. Officials, Smith said, were concerned about the “fear and anxiety” the men, and anyone who joined their protest, would prompt at the school.
“The injunction avoided what could have been a very tense, very scary situation on campus,” Smith said.
One of the issues during the hearing is whether USNH is a “political subdivision,” as outlined in RSA 159.26, and has authority to ban weapons.
Brandon Ross, representing Jardis and Mozingo, said the New Hampshire Bill of Rights upholds the right to bear arms.
The two men showed up on campus Friday, but did not carry guns because of the restraining order. They spoke with anyone interested and handed out literature about the Free State Project.
“I’m not sure if fear and anxiety should infringe upon the right to carry a rifle,” Ross said.
Smith said the school’s policy is “viable and enforceable.”
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