Students' Association reacts to gun bill
Senate kills HB 1261 in committee, but opponents anticipate 'smoke out'.
Jenna Mann
Issue date: 2/13/08 Section: News
On Feb. 12, the Students' Association passed Resolution 07-16 with only three nays, joining the SDSU Academic Senate, SDSU American Association of University Professors and the SDSU Career Service Advisory Council in opposition to the bill that would allow students to carry firearms on public university campuses.
The Senate State Affairs committee voted 7-1 to defer the bill to the 36th legislative day on Feb. 12, effectively killing the bill because the 2008 session is only 35 days long.
"We're not opposing anyone's rights to possess firearms. We just don't think you need your gun in class or in the dorms," said Sam Nelson, SA state and local chair and main proponent of the resolution. "We'd like to see you keep your gun in a storage facility. If students want that, we're willing to work with the university to get that."
One of the reasons state representatives supported the bill was that they wanted to support college students' Second Amendment rights. Nelson said that historically, constitutional rights have been regulated on college campuses. He uses the necessity of protest groups to register with universities and review boards for speakers as a regulation on speech. Nelson said that universities should have the same authority to regulate firearms.
Nelson said before introducing the resolution, he talked to all of the senators from the College of Ag and Bio because many of their constituents are involved with hunting. All the senators he talked to told him that from what they had heard within their college, bringing a gun to class is unnecessary.
"Nobody's telling us they want to bring a gun to class. What they are telling us is that they're scared," said Nelson.
Nelson believes the bill will be "smoked out" of committee. According to Joint Rule 7-7, smoking a bill out of committee requires a one-third vote of the Senators to bring the bill to the Senate floor with one of three labels given to it by the committee: do pass, do not pass or no recommendation. If the bill does not have a do pass recommendation, the full Senate will vote to put it on the calendar. If the committee attaches a do pass recommendation, the bill will automatically be put on the calendar.
"This bill still has the potential to pass. Anything can still happen," said Nelson, who encourages all students opposed to HB 1261 to contact their legislators and give them a student's perspective.
Currently, the Board of Regents controls where firearms are and are not allowed at public universities. HB 1261-introduced in reaction to HB 1086, which would have banned firearms on all public university campuses-would strip the BOR of its authority over guns. At this time, firearms are not allowed on the SDSU campus.
The full House passed HB 1261 on Feb. 4, voting 63-3.
Word for word--House Bill 1261
No public institution of higher education may regulate or restrict the right to carry or possess a firearm in accordance with state law. No public institution of higher education may expel, dismiss or penalize any person who carries or possesses a firearm in accordance with state law. However, any public institution of higher education may require that any firearm in a campus dormitory of a public institution of higher education not in a person's immediate possession be stored in a locked gun safe …
The Senate State Affairs committee voted 7-1 to defer the bill to the 36th legislative day on Feb. 12, effectively killing the bill because the 2008 session is only 35 days long.
"We're not opposing anyone's rights to possess firearms. We just don't think you need your gun in class or in the dorms," said Sam Nelson, SA state and local chair and main proponent of the resolution. "We'd like to see you keep your gun in a storage facility. If students want that, we're willing to work with the university to get that."
One of the reasons state representatives supported the bill was that they wanted to support college students' Second Amendment rights. Nelson said that historically, constitutional rights have been regulated on college campuses. He uses the necessity of protest groups to register with universities and review boards for speakers as a regulation on speech. Nelson said that universities should have the same authority to regulate firearms.
Nelson said before introducing the resolution, he talked to all of the senators from the College of Ag and Bio because many of their constituents are involved with hunting. All the senators he talked to told him that from what they had heard within their college, bringing a gun to class is unnecessary.
"Nobody's telling us they want to bring a gun to class. What they are telling us is that they're scared," said Nelson.
Nelson believes the bill will be "smoked out" of committee. According to Joint Rule 7-7, smoking a bill out of committee requires a one-third vote of the Senators to bring the bill to the Senate floor with one of three labels given to it by the committee: do pass, do not pass or no recommendation. If the bill does not have a do pass recommendation, the full Senate will vote to put it on the calendar. If the committee attaches a do pass recommendation, the bill will automatically be put on the calendar.
"This bill still has the potential to pass. Anything can still happen," said Nelson, who encourages all students opposed to HB 1261 to contact their legislators and give them a student's perspective.
Currently, the Board of Regents controls where firearms are and are not allowed at public universities. HB 1261-introduced in reaction to HB 1086, which would have banned firearms on all public university campuses-would strip the BOR of its authority over guns. At this time, firearms are not allowed on the SDSU campus.
The full House passed HB 1261 on Feb. 4, voting 63-3.
Word for word--House Bill 1261
No public institution of higher education may regulate or restrict the right to carry or possess a firearm in accordance with state law. No public institution of higher education may expel, dismiss or penalize any person who carries or possesses a firearm in accordance with state law. However, any public institution of higher education may require that any firearm in a campus dormitory of a public institution of higher education not in a person's immediate possession be stored in a locked gun safe …
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Viewing Comments 1 - 10 of 33
Stand for what is right
posted 2/13/08 @ 6:04 PM CST
With the upcoming elections, I would like to STRONGLY URGE my fellow classmates to make wise decisions on who you would like to represent you. This article clearly shows that they represent a very small number of the students, and unless you like those representing you going to lengths such as misconduct in passing of their "resolution to oppose", then you should think long and hard on who you want in the student association. (Continued…)
SA should learn the issues before acting
posted 2/13/08 @ 6:08 PM CST
Actions like this taken by the Student Association clearly shows a need for them to slow down and become aware of the true issues we are dealing with. (Continued…)
What were they thinking?
posted 2/13/08 @ 6:14 PM CST
I can't help but wonder what the SA was thinking when they took the actions they did to pass such a resolution in opposing legislation to protect students rights. (Continued…)
Representing who?
posted 2/13/08 @ 6:20 PM CST
I find it hard to believe that they actually bothered to ask that many of their constituents how they felt on the issue. Also, how fair is it of them to pass this over an email and with no discussion. (Continued…)
Misconduct: Do you approve?
posted 2/13/08 @ 6:21 PM CST
First let me assure you that the faculty are not unanimously against the 2nd amendment, or for treating college students as second class citizens. Most of us had not even heard of this plan. (Continued…)
Wendy Weinbaum
posted 2/14/08 @ 12:43 PM CST
As a Jewess in the US, I would like to remind all that America wasn't won with a registered gun, and that criminals are stopped by FIREARMS, not by talk. (Continued…)
Give us a chance to live
posted 2/14/08 @ 4:40 PM CST
Here is yet another example of what can happen when someone wants to do harm to others. Whether or not guns are allowed on campus, they don't care, if they want to hurt you they will. (Continued…)
Braden
posted 2/15/08 @ 12:45 PM CST
The freedom of speech and assembly are currently regulated on college campuses. I see no reason why the 2nd ammendment would be any different. Nobody needs to have a gun in class. (Continued…)
Ian
posted 2/15/08 @ 4:10 PM CST
I already knew that the South Dakota Board of regents considered college students second class citizens but today a majority of the South Dakota Senate took the same stance by refusing to hear HB 1261 on the senate floor. (Continued…)
Laura Smith
posted 2/16/08 @ 10:00 PM CST
It shouldnt be SA's decision whether we can have guns or not. As US citizens, we have the RIGHT TO BEAR ARMS. it is in the US Constitution, you know, that document written oh so long ago that makes society the way it is? the one that gives us the right of free speech and everything? Why should college students, most of which are over 18, not allowed their basic rights given to them by the constitution just because they decided to further their education and make more of their lives. (Continued…)
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