Guns On Campus: Northern Illinois U: Rule
#1: Sue Everybody
by John Longenecker
And for every school and workplace shooting after that.
You know the facts. Now answer the question: What are the tort liabilities?
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It's time to forget about writing more gun
bans, time to quit profiling (it's a stalling tactic for political reasons) and
time to litigate. The first order of business for any damaged plaintiff is to
sue everybody. This would be all colleges who ban weapons, including those who
have seen their students murdered and those who have yet to see students killed
thanks to the gun bans which are now ringing the dinner bell for campus shooters
in increasing numbers.
This would include suing for administration
interference with self-defense by way of policy in cases of both gun and non-gun
killings such as knifings, beatings and missing persons.
It could be
found that a college has no duty to protect its student body - but does a
college have an obligation NOT to INTERFERE with adults who take their own
reasonable and legal measures in self-defense? Interference would then be an
issue as unreasonable and with damages. What if students carried their handguns,
were then disciplined, and sued the college? With all the activity about
concealed carry on campus, you can't say campuses weren't on notice that they
could be interfering.
At this time, FOX News and only a few
others are examining concealed carry on campus. They are going in the wrong
direction when they consider arming the Teachers. It's more centralization of
power than really solving the problem, and, in fact is another stalling tactic
that won't work. Too much independence, I guess, ruining their
picnic.
First, any shooter can too easily identify the armed
professors by their ‘Tell' or the way they carry unless they are experienced gun
owners. If the Profs are carrying for the first time, they will probably have a
Tell. Either way, if the shooter identifies them at all, the idea fails.
Shooters can easily approach from another corner of campus or wait for the Profs
to put their weapon away or leave campus. They can simply kill fast and then
commit suicide. It is the equivalent of uniformed officers: All the shooter need
do is identify them and avoid them. Undercover cops won't change much, since
they don't attend classes. This is at the heart of the Liberty Movement
complaint: compelled over-reliance on assets to the exclusion of the citizen, in
this case, adult students.
The more effective deterrent is in not
knowing who is armed and in what numbers, and in supporting this policy
nationwide. In short, ARMED STUDENTS AND VISITORS.
In objecting to armed
students, the idea that students are themselves eventual killers or somehow
stupid, hot-headed and hasty is not only insulting, but it betrays a neurotic
notion in the minds of administrators against all liberty in America and betrays
how they view the people they serve.
But when parents, adult college
students and visitors are armed when on campus, a shooter has a much, much
tougher time identifying who is armed and possibly right next to him. Trustees
need to understand that they have no authority to allow or disallow guns. And
injured parties must sue for their rights.
The genius of concealed carry
is that you just don't know who is armed and who isn't, and that alone changes
the entire complexion of the problem. Changing faces of who is armed and in
large numbers will serve the purpose it was intended to serve - someone close by
who will stop the shooter by holding them for police or in using lethal force -
if necessary - which is backed by their citizen authority - a concept
administrations hope you won't discover. Armed students would also be in larger
numbers than officers and likely much closer when needed. Response time hasn't
been impressive; they've all been too late. Way too late. Armed students in
larger numbers helps, especially if it’s generally known.
In the news
reports of the NIU shooting, officials said they took steps to protect the rest
of the students. Oh? How? The shooter was dead, and police hadn't gone 10-97
yet. This reflects a very poor understanding of the problem and its solution -
shooters who move fast and citizen authority frustrated and vexed. Brilliant.
Interference.
Administrations have ignored and vexed CITIZEN
AUTHORITY and its role. Gun Ban policy forgets that adults in America have
all legal authority to stop a crime in progress, including their own
murder or a crime against another. This is something a gun ban policy cannot
override and may not discourage under threat of punishment, counseling or
expulsion. This is where litigation comes in for provable interference and
demonstrable damages.
The best way to handle the campus, workplace,
airport, public buildings or anywhere threat is not to profile shooters nor to
arm the faculty, but to lift all gun bans from students, employees, parents and
visitors. Citizen authority trumps stubborn tortious interference by trustees.
They don't want you to know your own authority. So much for
Education.
With the Virginia Tech attitude that they await a mandate
before allowing guns on campus in an already right-to-carry statewide law,
perhaps they are ignorant of the law. Perhaps it's time to compel them to learn
the law and to recognize citizen authority as a matter of education as much as
personal safety.
All gun control obfuscates citizen authority to act. In
the absence of first responders, it is an interference.
It's time to
litigate this. I say go for it.
It would be good for the
country.