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Concealed carry groups sue Ohio State University for violating state law

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The Students for Concealed Carry Foundation, teaming with Ohioans for Concealed Carry, filed a civil rights complaint against Ohio State University, the student group announced Monday in a press release outlining the case.

“The group ... believes that Ohio State’s campus gun ban unlawfully infringes on fundamental Constitutional Rights,” the release explained. “It also disarms students to and from campus, leaving them vulnerable to violent crime on their commute in what is historically a high crime area, the University District.”

“The plaintiffs are not suing over the statewide ban on firearms on college campuses, which was approved by state legislators,” The Columbus Dispatch elaborated. “Instead, the plaintiffs allege OSU is violating state law by regulating firearms, by barring students from having guns in their cars, when only the state can do so, ‘exposing the State of Ohio to civil liability,’ according to the complaint.”

The complaint, filed in the Court of Common Pleas, Franklin Court, Ohio Civil Division, by Columbus attorney Michael R. Moran and attorney Derek DeBrosse of Barney DeBrosse, LLC, introduces itself as “an action whereby Plaintiffs seek to enforce civil rights on behalf of the citizens of Ohio ... and seek a declaratory judgment, declaring certain OSU rules, regulations and policies banning firearms as unlawful.

“Plaintiffs further seek a permanent injunction barring Defendant OSU form unlawfully applying its rules, regulations and policies to students, employees and visitors, and Plaintiffs seek their attorney fees," the complaint continues.

Moran explained that expulsion due to a rules infraction over firearms “carries severe consequences [that] ‘can virtually guarantee the disciplined student may never earn an academic degree.”

“The Ohio Revised Code is clear that the legislature retains sole authority to regulate the possession of firearms,” DeBrosse added, characterizing school policies as a “direct violation of the law.”

With the trial date not scheduled until July 14, 2015, those interested in following developments can keep up with activities and releases from both groups at the Students for Concealed Carry website (and related Facebook and Twitter feeds), and at the Ohioans for Concealed Carry website (and their Facebook and Twitter feeds).

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