Regarding my rights in repossession of my firearms from my college

fireblade274

New Member
Jurisdiction
Maryland
I reside in Maryland as a student on the eastern shore.

Before I go into details, a quick synopsis of my situation; a week ago I was seeing my college school counselor (whom I'd been seeing for a few weeks on a weekly basis) and during the course of our meeting she called in her supervisor who deemed I was a danger to myself, she pressed the metaphysical "panic" button and had me sent against my will to the local ER. In my opinion this was completely unnecessary and did absolutely nothing to help me but cause me more distress then the situation that brought me into counseling in the first place. The day before the incident I had a meeting with her and towards the end of our meeting we were discussing my thoughts of suicide (something you should be able to discuss with a counselor without drastic measures being taken) and she had known for weeks I own firearms and keep then in the back of my car; I keep them there because I can't store them inside my off-campus housing residence. She wanted to meet with me briefly the next day before I went away on thanksgiving break. We originally set the appointment for 10am the next day, but as a real estate agent my office has meetings 9-10am on Tuesdays, and I since I had not been to one in a few weeks and wanted to make the effort to attend that day, I rescheduled for 8am the next day before leaving her office.

I overslept, missed the appointment and was greeted by 3 campus police at my door at 8:30am that morning. I woke up minuets before they arrived, realized I missed the appointment and wanted to call to explain I wasn't going to be able to make it but my phone had been broken at the time. The police were told to check in on me. I was clearly alright, if anything sleep deprived and surprised, and was focused on attending my office meeting and classes that day. I used one of the officers phones to call the counseling center and they asked if I could still come in briefly. I agreed and drove on my own in my car to the counseling center on campus and parked in the parking lot. I later found out if I refused I would have been transported against my will to the counseling center anyway, which is ridiculous but I'll get back to that.

I went in to see my counselor who just asked me the same questions as as the previous day. She asked if she could bring in her supervisor so we could have another opinion I suppose. I agreed, because my counselor is young, seemed new to the counseling profession and I saw nothing wrong with having another counselor to be a sounding board for me and I was open to the advice of a more experienced counselor. Her supervisor just ended up asking me the same questions yet again, and my original counselor didn't say a word. The supervisor had asked me the ways I had thought about suicide and I did disclose those thoughts to her but I was adamant, as I've always been, that they were just thoughts with no intention of following through, and went into detail of why I would not use those methods I described, and that they were just fantasies. I don't know how someone can truthfully answer the question of describing what specific thoughts of suicide you have without coming across as being a danger to yourself when I was clearly not. As a senior studying Psychology myself I know there are multiple levels/stages if you will of suicidal thoughts and simply having thoughts with no intention or plan does not deem you a danger to yourself or other, but I digress. I told her as I did my counselor in my previous meetings I was welcome and open to seeing a psychiatrist; this supervisor then said she wanted me to go to inpatient treatment that very day, which surprised me, and asked if that's something I'm open to do. I said respectfully no, I will schedule with someone in the coming days but inpatient treatment was unnecessary for me and I wanted to leave to go back home that day for Thanksgiving break.

What I said was apparently not enough for them however. I was then told I actually had no say in this and was to be transported to the ER immediately. Campus police came and they walked me out of the counseling center in handcuffs out of the building, in front of my peers, which was so distressing to me I can't even put it into words, took the firearms out of my car, went to my off-campus apartment and also took my bow and arrows. I understand it was simply police protocol to handcuff me but seriously, my counselor and her supervisor could have handled the situation so much better and should have considered the circumstances. As I'm being walked out to the campus police car students are looking at me, and they can clearly see firearms being removed from a car (my car) which was in the parking lot right outside the counseling center. All I could think about was what other peoples view of the situation was; seeing a student being walked out of the counseling center, escorted by police, in handcuffs and guns being removed from a car in the parking lot. It felt like every bystander was thinking, "Wow that guy's in handcuffs and firearms are being removed from that car, it looks like some crazy guy was going to shoot up the place, wow crisis averted". I was brought to tears. The campus police who transported me were very understanding and told me the firearms were not being taken/seized and I could get them back at a later time when it is determined I'm not a danger to myself or others. I was then at the ER for 4 hours lamenting about the whole fact this situation was completely unnecessary.

While at the ER, as if I already didn't have enough on my mind, I received a call from the Dean of Student Affairs telling me (albeit in the nicest way possible) I was now temporarily suspended from school because I drove my car onto campus property that morning with firearms in the car. The firearms stay in my car as I can't take them into my residence at off-campus housing, which is not affiliated directly with the college. In hindsight this would not have happened if the police transported me to counseling that morning, as my car would not have been on campus property. I asked the Dean of Student Affairs once I was determined by the hospital to not be a danger to myself or others (which I knew would happen), if I would be able to pick up my firearms and leave considering how I was returning home that day for thanksgiving break. He first told me I could pick them up if my mother came with me, which I immediately questioned because I am an adult and should legally have a right to take back possession of my firearms if I'm determined by medical professionals to not be a danger to myself or others. He then said that since they are being held on campus property I could not take back possession because they were being held on campus property, and told me, "well lets just take this one step at a time." At the moment I decided it was best to just let it go for now, not question, "what if the campus police just meet me off campus and give me back possession then?", and that was my conversation with him that day. I was released the same day 4 hours after arriving as it was determined I was not a danger to myself or others. I literally told the behavioral therapist at the ER the SAME things I told my counselor and supervisor earlier, and after she phoned the psychiatrist on call at the hospital, they determined I was not a danger to myself or others.

The same campus police officers who dropped me off picked me up and drove me back to my car no handcuffs involved, thank God. They were again very understanding of my situation and I asked them how I can get my firearms back. I told them what the Student Affairs Dean told me about my mother needing to come with me to pick them up and they said that was a false statement, my firearms are not being kept from me and are in a safe place. They said the ONLY reason I can't pick them up was because the only officer that has the authority to open the safe they are in has now left the area for Thanksgiving break, and would not be back until next Monday (today as of the time I'm typing this). I described how I was disappointed in this because I wanted to use the firearms (shotguns which had been grandfathered to me by my step-father after he passed away 2 years ago; I don't hunt and use them only for target practice.) to go clay shooting over the break. They understood, "that would be a good stress reliever after today", but said that's just the way it is at the moment. The whole situation seemed fishy to me as I was being told different things by different people, and it seems a bit convenient that the only person who can open the safe was now away, but again I let it go for the time being, wanted to get the hell out of doge city and returned home to the Annapolis area.

Today I am back at my off-campus apartment and needed to schedule a meeting with my assigned Affairs staff member. I can't attend classes or go on campus without asking permission from her until the "issue" is resolved. My mother says she talked with the officer today who apparently has the authority to open the safe containing my firearms and told her that, "because of the "situation" we wont release the firearms to your son even though he has been deemed not a danger to himself or others", and that either one of my parents has to come and pick them up. My legal question is, regardless of if I have a case or not, what area of law does this incident fall under, and can they really do that? I've never been an ultra-right gun advocate, and have issues with stances the NRA has taken, but now that this has happened to me I seriously question if the school has the authority to detain the firearms from me after it's been implied by other campus police officers my firearms are not being seized/detained from me, are still mine, and then being told even though it's been deemed by medical/psychological professionals that I'm not a danger to myself or others, I as an adult can't come pick them up but my parents can. It was quite ironic the day I returned to my apartment after I was returned from the ER; before I left for break I saw a letter in the mail from the NRA with a membership card with the second amendment on the back of it, and a letter saying I'm now a member till January 2018 (even though I don't remember applying for membership and have paid them nothing).

Honestly, even if I have a case I can't move forward with a suit unless it would be pro-bono, I'm a poor college student. What I'm looking for is some insight regarding my rights as a firearm owner and the rights of the school in this situation. Thank you for taking the time to read this and thank you in advance for any advice in this situation. If I can provide more details please let me know if that would be helpful.

I honestly believe that if I had been seeing a paid counselor not affiliated with the school, rather then a school counselor, I would not have been sent to the ER and I obviously would not be in this situation with my school.
 
I honestly believe that if I had been seeing a paid counselor not affiliated with the school, rather then a school counselor, I would not have been sent to the ER and I obviously would not be in this situation with my school.


Sorry mate, that is just far too much information for me to read.

I suspect it will be for many others, too.

If you ask one or two questions, maybe someone will respond.

Brevity is the soul of wit.
 
Your post is only slightly shorter than War and Peace. If you want folks to read it, shorten it considerably. And, in the event you're inclined to say that everything you posted is important, then your issue is way too complex for an online message board.
 
I read a little bit... Up until I realized how long it was.

I have some concerns about the way you were treated, at least from your perspective. I have concerns about how police obtained the weapons from your vehicle and your home. I also have concerns about the justification for holding you against your will.
However, the same story told from the counselor's or the police perspective may alleviate those concerns.

Bottom line here- if you believe you were treated unjustly you are going to have to sit down with a local attorney who can sort out the details with you.

The police department should be able to tell you exactly what to do to get your weapons back. Unfortunately that likely requires clearing a new background check and your recent commitment for mental health may muck things up.

You have more going on here than anyone here will be able to sort out for you. There are a number of different issues bundled into this.
 
All 50 states allow citizens to carry concealed weapons if they meet certain state requirements. Currently, there are 16 states that ban carrying a concealed weapon on a college campus: California, Florida, Illinois, Louisiana, Massachusetts, Michigan, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, South Carolina and Wyoming.

In 23 states the decision to ban or allow concealed carry weapons on campuses is made by each college or university individually: Alabama, Alaska, Arizona, Connecticut, Delaware, Hawaii, Indiana, Iowa, Kentucky, Maine, Maryland, Minnesota, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Vermont, Virginia, Washington and West Virginia.

Because of recent state legislation and court rulings, 10 states now have provisions allowing the carrying of concealed weapons on public postsecondary campuses. These states are Arkansas, Colorado, Georgia, Idaho, Kansas, Mississippi, Oregon, Texas, Utah and Wisconsin. Not included in above list, Tennessee allows faculty members with licenses to carry weapons on campus but the law does not extend to students or the general public.



http://www.ncsl.org/research/education/guns-on-campus-overview.aspx


Synopsis: Altering a specified exception relating to law enforcement officers to the prohibition on carrying specified weapons on public school property; prohibiting the carrying or possession of specified firearms on the property of public institutions of higher education; requiring a public institution of higher education to post specified signs in prominent locations on the property; requiring the Board of Regents of the University System of Maryland to incorporate into their bylaws, policies and procedures, the current weapons practice on campus; etc.


GAM-HB0159 Summary 2017 Regular Session


VI - 1.15 - Policy on Threats, Campus Disturbances, Firearms · Bowie State University


"This is something students want": Maryland delegate explains campus firearms ban



Lt. Ralston explained that there are no guns allowed on campus, period.

However, the campus police station can be a holding place for firearms, should a student live on campus and wish to possess one.

A student who possesses a firearm is given a registration card to demonstrate that they are the legal owner of that gun.

When the student comes to pick it up, they must show their student I.D. and their registration card to the officer on duty.

This is a service which is used by many students across campus.




Understanding Gun Laws On FSU's Campus
 
Thank you all for your replies. I understand it was long; here is a condensed version of the issue:

Firearms that were in my car were rightfully detained, as they were on school property until I saw a medical professional. I'll say the whole situation of me being sent to the ER against my will was completely unnecessary, but that being said I understand why detaining firearms from someone being send to the ER by a counselor is a policy. However, I was cleared the same day by an on site medical professional (psychiatrist) that I was not a danger to myself or others after reiterating the same statements that I made to my counselors supervisor who had me sent to the ER in the first place, you'll just have to take my word for that.

Today my mother talked with the officer in charge of the safe and he said, that despite the fact I have been deemed not a danger to myself or others by medical professionals, he can't in good conscience release the guns to me due to the fact he knows I had suicidal thoughts, and will only release them to my parents. This is contradictory to what the other officers who drove me to and from the ER told me.

I clearly don't agree with him but can understand his reservations given the current climate of our society with regards to gun violence. I was in the wrong having them in my car and then having the car on school grounds, I clearly violated school policy in the name of "I know I'm not crazy and a danger to no one". That will be cleared up tomorrow. But I simply question if the officer has that right to deny me possession of the weapons and decide to give them to my parents instead, when I am just as much of an adult as they are, and cleared just as much mentally as they are. Clearly the officer is airing on the side of caution. I would completely understand if someone is deemed a danger to himself or others, but that is deemed by a medical professional such as a psychiatrist, not a campus police officer, or am I wrong about that?

I basically feel like I'm being told I'm not responsible enough to have possession of these firearms, on the grounds it is thought I have the potential to be a danger to others, by someone who does not have that authority, who is contradicting a medical professional who does have the authority to deem me as such. Its very distressing to me to be given that label of someone that could commit an atrocity by someone who has not even spoken to me and is not an acting medical professional. That is basically what this officer is indirectly saying. I literally catch and release bugs in my apartment, never been interested in killing an animal for sport, and would always try not to step on ants as a kid. Truthfully if this is resolved the way the officer wants, my dad will come pick them up next week, who can then give them directly to me, and then I simply won't have them in my car anymore while attending school and leave them at a friends house where they are allowed.

But my current feeling is that my father shouldn't have to be a middle man for this situation. The officer is acting to, in a way of words and pardon my French, cover the ass of the school, so that in the hypothetical situation I do something, he can say my parents gave me the guns back, not the school. I just want to know if he has the legal right to make that decision when I have been cleared by medical professionals to not be a danger to myself or others.

Also, can I edit my first post and put this summary there to condense things?
 
Firearms that were in my car were rightfully detained...

I'm not so sure about that. There are some other factors that need to be considered. The manner in which the weapons were obtained seems questionable to me, at least in the way you described it.

Today my mother talked with the officer in charge of the safe and he said... he can't in good conscience release the guns to me due to the fact he knows I had suicidal thoughts, and will only release them to my parents.

His conscience is not relevant here. You can make a formal complaint to the department and demand the return of your property.

But I simply question if the officer has that right to deny me possession of the weapons and decide to give them to my parents instead...

No, not likely, but as I mentioned previously there may be other legitimate hurdles you have to clear before the weapons are returned.

Truthfully if this is resolved the way the officer wants, my dad will come pick them up next week...

Whether the officer is right or wrong, the simplest solution that gets your property back the fastest is probably the best one.
 
If a person believes a right was violated, the only way to seek a remedy for that violation is to take the matter to court.

Blacks had to seek redress of various rights violations in court, as did Native Americans, women, homosexuals, and common criminals.

The transgressor rarely admits to violating another's rights.

If you now believe your rights weren't violated, or its too darn expensive to go to court, having a parent retrieve your firearms might be a consideration.

That said, your parents might not wish to do something that they could later regret.

If I were you, OP, I'd consult with two or three criminal defense attorneys before doing anything.

You could very well discover that this event isn't yet over!
 
Thank you for your insight. I don't think litigation will further my main priority of being able to finish up school and walk in May. That being said, for my own piece of mind, I am curious as to if my rights were violated or not. I'm inclined to say they are since I was cleared by medical professionals and I'm still being denied my weapons, but the only way litigation would be entertained would be if it was pro-bono, and even then at this point in time it's not conducive to me finishing up my senior year. I am reaching out to various legal entities to find out what my rights are at this point but so far its really just so I can know one way or another if due process is being followed.

My parents know me and I have a close relationship with them; if the process is they have to pick them up, i'm alright with that. They will return them to me. The issue is, I'm too much of an idealist lol. Even if it's the cheapest, easiest, cleanest course of action, if I think my rights are being infringed a big part of me wants to stand for what is right no matter how hard it is or the trouble it might get me it. But my parents being more pragmatic, reasonably think its best to just follow the wishes of the officer. At the least, I just want to know if the officer can legally do what he's doing or not regardless of if we do anything about it.
 
At the least, I just want to know if the officer can legally do what he's doing or not regardless of if we do anything about it.


Here's your problem, or is it your quandary?

Either, Or, Maybe, who knows? LOL

Seriously, you were found to be in possession of firearms on a state university campus.

Or, did you simply TRANSPORT firearms on a state university campus?

Do you see the problem with what you're trying to do?

Under your NEW state law, which took effect on October 1st of this year"

A violation is a felony with maximum penalties of three years' imprisonment and/or a $2,500 fine.

I hope you understand what a felony conviction can do to you for the rest of your life.

Even if the new law hadn't passed senate and house of delegate muster, the old law made your actions ILLEGAL, too.

It is already illegal to possess a deadly weapon of any kind on public school property, but violations for that are misdemeanors carrying maximum penalties of three years' imprisonment and/or a fine of $1,000.

Maryland has no specific law regarding the limitations of concealed firearms on college and university campuses. The entire University System of Maryland has banned concealed guns on all campuses.

As of October 1, 2016, no public or private university permits concealed guns on campus grounds or in buildings.


Bowie State Univ Student Code of Conduct:

https://www.bowiestate.edu/files/resources/code-of-conduct-revised-august-2010.pdf

Public Safety Policies
 
Under your NEW state law, which took effect on October 1st of this year"

A violation is a felony with maximum penalties of three years' imprisonment and/or a $2,500 fine.
Unless I missed it could you please post a link to this law, and I'm kinda confused as to what the difference is between possession and transportation, I mean if your transporting something, are you not in possession of it? The firearms were stored in my car, and I drove my car to the campus parking lot that morning without thinking about them. I've never taken them out or had them on my physical person on campus

This incident happened more then a week ago now and i have not been arrested nor been notified of any charges against me. I feel like if someone wanted to charge me with a felony they would have done it already rather then wait this long, and the officer who's keeping the weapons would have not told my mom she can pick them up that day when she called yesterday
 
Seriously, you were found to be in possession of firearms on a state university campus.

Or, did you simply TRANSPORT firearms on a state university campus?

The manner in which the weapons were found concerns me, at least in the manner explained here. There may be a legitimate issue here.
An involuntary commitment does not include warrantless searches of vehicles and residences.
Taken and handcuffed against his will, I think the argument of a consensual search will be a hard sell.
 
I don't see why the search was unwarranted, as my car was on the campus parking lot and therefore apart of campus grounds, and per my schools code of conduct "The University reserves the right to confiscate weapons, knives, fireworks and any instruments, toys or other things which reasonably appear to be weapons or other prohibited items listed above, to hold those items for appropriate disposition and to refer the possessor for University disciplinary action."

it is a public university
 
Unless I missed it could you please post a link to this law, and I'm kinda confused as to what the difference is between possession and transportation, I mean if your transporting something, are you not in possession of it?


You can't TRANSPORT widgets unless the you are in POSSESSION of the widgets.

The fact that the firearms were allegedly found in your vehicle, constructively proves you possessed them.

However, NONE of that matters UNLESS you are charged criminally.

I'm not your attorney, nor is MD one of the states where I am licensed to practice law.

I suggest you visit three criminal defense attorneys in your county.

The visit will cost you NOTHING but time, as mot attorneys will consult with a prospective client initially without charge or further obligation.

You might wish to ask a MD licensed attorney about the new firearms laws in MD.
 
it is a public university

You should be speaking with NO one about this incident, no ONE that IS except a criminal defense attorney licensed in MD.

Is it Bowie State University?

BSU reports incidents involving their police:

https://www.bowiestate.edu/files/resources/october-2017.pdf

https://www.bowiestate.edu/files/resources/september-2017.pdf

November reports will be posted Friday or Saturday.

This is why:

Clery Act · Bowie State University



Have you read this:

VI - 1.14 - Policy Prohibiting Firearms · Bowie State University

Searches:

https://www.bowiestate.edu/files/resources/04-warrantless-searches.pdf

Student Code of Conduct:

https://www.bowiestate.edu/files/resources/code-of-conduct-revised-august-2010.pdf
 
Confidentiality

Counseling often deals with very personal and highly private issues. A successful outcome depends on a feeling of freedom on the client's part to express feelings, attitudes, and thoughts with people who respect them and their right to privacy. Interviews conducted are confidential, and information is not released except with the client's written permission or as may be required by issues of safety or law. Confidentiality is an important component of the Code of Ethics of the American Counseling Association.

CONTACT INFORMATION:

Director

301-860-4161

You might wish to discuss your concerns with the Director.


About the Center · Bowie State University
 
I don't see why the search was unwarranted...

As someone who is educated and trained in this field and does it for a living, I'm telling you there APPEARS to be an issue with the search and seizure that took place. If there is anything for you to be upset about and rights to stand up for it is regarding this.

Your involuntary commitment is less hazy. If the person who had you committed against your will met the legal requirements to do so then it does not matter that a short time later the doctor released you.

The failure to return your weapons is an extension of the initial problem regarding the seizure of those weapons. If they were secured in your vehicle then the police needed your consent or a warrant to access them. It sounds like you may have led them to your vehicle and they will argue consent, but when you are handcuffed and being involuntarily committed for mental health concerns it is difficult to also argue you are of sound mind and freely gave consent to search and seize your property.
Especially with you in custody there were no exigent circumstances, so police likely should have used the information they had to obtain a warrant to search your car and get the guns.

If my agency was holding your weapons it would require you to obtain background clearance to prove you are still legally able to possess those weapons. It would not simply hand them over. However, I am in California which is not firearm friendly. You could have similar hurdles to clear in order to get your weapons back. You might want to consider making written demand to the department to return your property. Keep it brief and to the point. Address it to the chief/sheriff. Other than that obtain legal counsel or utilize dad and be done with it.
 
Higher education campus police officers in Texas (probably in other states where they are sworn law enforcement officers), school district police officers, federal police officers on military bases, military police officers on military bases, and similar law enforcement officers have search powers above and beyond most municipal police officers, and sheriff's deputies operating in villages, towns, townships, cities, and counties.

For example, in Texas private universities, as well as public funded universities employ LICENSED law enforcement officers aka PEACE OFFICERS.

While upon the confines of those institutions (public or private) your presence implies your agreement to undergo a search for the protection of students, faculty, staff, and other authorized visitors.

No one gains admittance to a Texas public school (K-12) without undergoing an identity check to ascertain the person isn't a convicted or adjudicated child molester.

The only exception is for a parent/legal guardian to inquire about the educational process of her/his child(ren). He or she must still undergo the check each and every time.

My wife is a high school principal in a Texas public school district.

I'm a sitting jurist in Texas.

I submit to this scrutiny each time I set foot inside her buildings.

The only exception is when I accompany her after hours if she needs to do something in her building or office.

The exception to that is ON DUTY law enforcement officials (conducting law enforcement business) local, state, federal.

I don't know about MD or CA, but I imagine the law must be somewhat similar.
 
Back
Top