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OREGON FIREARMS v. BOARD OF HIGHER EDUC.

A142974.

264 P.3d 160 (2011)

245 Or. App. 713

OREGON FIREARMS EDUCATIONAL FOUNDATION, an Oregon nonprofit corporation, Petitioner, v. BOARD OF HIGHER EDUCATION and Oregon University System, Respondents.

Court of Appeals of Oregon.

Decided September 28, 2011.

Attorney(s) appearing for the Case

Vance D. Day argued the cause for petitioner. With him on the briefs was Adams, Day & Hill.

James N. Westwood, Portland, argued the cause for respondents. With him on the brief were P.K. Runkles-Pearson, and Stoel Rives LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and ROSENBLUM, Senior Judge.

ROSENBLUM, S.J.

In this administrative rule challenge, ORS 183.400(1), petitioner Oregon Firearms Educational Foundation seeks the invalidation of an administrative rule of the Oregon State Board of Higher Education and the Oregon University System (respondents) that imposes sanctions on persons who possess or use firearms on university property. Petitioner contends that the rule exceeds respondents' statutory authority, that it is preempted by ORS 166.170, and that...

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