Posted by Eugene Volokh:
The University of the Totally Disarmed:
http://volokh.com/archives/archive_2009_04_05-2009_04_11.shtml#1239377573
Many universities ban firearms, but some research I've been doing
reveals that some universities ban firearms and stun guns and chemical
defensive sprays, either in dorm rooms or in the university as a
whole. This basically leaves students entirely without any defensive
weapons, and also has the effect of disarming dorm residents when they
go off campus property, since they have no place to store the
defensive weapons when they're back on campus.
This strikes me as quite shocking, especially with regard to women
students who are in the age range where the danger of rape is at its
highest. The university basically leaves them as sitting ducks, unless
they're willing to violate the university policy. Even if the
university tries to compensate by offering a good deal of on-campus
policing (some do and some don't), it surely can't protect the
students when they leave campus.
Some of the universities I've found that do this are [1]Duke, [2]NYU,
[3]Hofstra, [4]University of Massachusetts-Dartmouth (though perhaps
only limited to "carrying" rather than possessing in a dorm room),
[5]Bridgewater State College (likewise possibly limited to
"carrying"), and [6]University of Maryland-University College, but
there are many more. Here is the explanation from [7]Cornell for its
ban, as of 1997, though I'm still investigating whether the ban
remains in force:
[P]epper spray still falls within Campus Code of Conduct language
which makes it a violation to "possess, carry, or use firearms, ...
ammunition, explosives, or other dangerous weapons, instruments, or
substances in or upon University premises." Even though a person
might possess a permit to carry a gun in the city of Ithaca, that
person is not permitted to carry the gun at Cornell. Similarly,
even though New York state law permits the carrying of pepper spray
within the state in general, carrying this substance is not
permitted on the Cornell campus.
Some people in the community may feel that this reading of the
Campus Code of Conduct denies them a legitimate means of
protection. While pepper spray can provide a means of protection,
certain other facts indicate its limitations. Those facts include:
* Pepper spray canisters are unreliable in cold weather.
* If sprayed into the wind, the effects intended for the assailant
can instead affect the victim, rendering the victim even more
helpless than she or he was originally.
* Pepper spray may be lethal to those with asthma or other
respiratory problems.
* Use of pepper spray for any purpose other than self-defense (for
example, as a prank) -- or use of the spray against a police
officer -- constitutes a criminal offense. Even lawful use of
pepper spray may result in legal action against the user if a
medical emergency results.
One of the biggest concerns is that people will place unjustified
reliance on pepper spray and will forget other safety precautions
that may provide even greater security. Those precautions include:
* Walk in well-lit areas with a friend.
* Keep car keys accessible at all times.
* If you must walk alone, walk with a strong, confident stance.
* Carry a whistle, and use it or yell if confronted or attacked.
* Educate yourself on self-defense techniques.
Lovely: You might overrely on pepper spray, and you might misuse it
(though of course people can misuse "self-defense techniques" as
well). So we won't let you have any defensive weapons at all, and
instead suggest -- as our first suggestion -- that you instead limit
where you go, and ask for protection from others (whether by walking
with them or yelling for help).
In Massachusetts, by the way, the state bill of rights begins with,
"All men are born free and equal, and have certain natural, essential,
and unalienable rights; among which may be reckoned the right of
enjoying and defending their lives and liberties ...." I know of no
caselaw on the subject there, but there are many [8]court decisions in
other states interpreting such constitutional provisions as in fact
securing an individual right. What happens to the right to defend life
and liberty of students at Bridgewater and University of
Massachusetts-Dartmouth students? It's reduced to (in the words of the
Bridgewater policy) the right to "stay aware of their surroundings and
perhaps even learn self-defense."
References
1. http://rlhs.studentaffairs.duke.edu/graduatestudents/housing/terms.html
2. http://www.nyu.edu/residential.education/judicial/judicial_handbook.html
3.
http://www.hofstra.edu/StudentAffairs/DeanOfStudents/commstandards/commstandards_conductcodes.html
4. http://www.umassd.edu/publicsafety/about/faq.cfm
5. http://www.bridgew.edu/Police/faqs.cfm
6. http://www.umuc.edu/policy/policy_files/m15100.html
7. http://www.news.cornell.edu/chronicle/97/3.6.97/letter-pepper_spray.html
8. http://www.trolp.org/main_pgs/issues/v11n2/Volokh.pdf
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