(CN) – Oregon universities cannot ban use or possession of firearms on campus, the state appeals court ruled.
The Oregon Firearms Educational Foundation challenged the Oregon University System and the Oregon State Board of Higher Education on its rule that imposes sanctions against those who possess or use firearms on university property.
On Sept. 28, the appeals court agreed that state law pre-empted the firearm restrictions.
“[The board’s regulation] was enacted pursuant to the quasi-legislative ‘lawmaking’ authority of the State Board of Higher Education,” Judge Ellen Rosenblum wrote for the court. “It is a rule of general applicability that applies to any person ‘on institutionally owned or controlled property,” and would appear to be the sort of ‘local firearms restriction’ that the legislature had in mind when it enacted [the law].” In striking down the board’s restriction, the appeals court did not reach the foundation’s argument that the restriction also violated the Second Amendment of the U.S. Constitution.