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Oregon Firearms v. Board of Higher Education

Summarized by: 

Date Filed: 09-28-2011
Case #: A142974
Rosenblum, S.J. for the Court; Ortega, P.J; & Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142974.pdf

Administrative Law: Regulation of activities involving firearms is the sole domain of the state legislature, unless it expressly authorizes otherwise.

Oregon Firearms Educational Foundation (OFEF) sought the invalidation of an administrative rule set forth by the State Board of Higher Education (SBHE) and the Oregon University System (OUS) that imposed sanctions on persons who possessed or used firearms on university property. Among other contentions, OFEF argued that the rule was preempted by statute. The Court of Appeals concluded that the administrative rule was preempted because the Legislative Assembly may only regulate activities involving firearms. While SBHE has general authority to control and manage its property, it was not expressly authorized by the legislature to regulate firearms. OAR 580-022-0045(3) held invalid.