It was reported today in The Columbian, two Gonzaga students were given probation for possessing a weapon in their school owned housing. However, that is not what makes this case unusual. The weapons came to light because a gun was displayed to ward off a potential home invasion.
According to the article, ‘Gonzaga University has agreed to review its weapons policy.’
In the same article, the lawyer for the two men Dean Chuang commented, “We’re glad that it didn’t have to end in tragedy for them to consider changing the policy there” and “Our boys were armed and stopped a home invasion here.”
Apparently, a homeless man came to the door of the two men demanding money and attempted to enter the home. Food and a blanket was offered instead. The man then became hostile. One roommate called to the other roommate. The arriving roommate was armed with a 10 mm Glock pistol. The would-be intruder ultimately fled and campus security arrived to investigate. The guns were seized and the two men are currently seeking a return of their property.
The article indicates, “students are not allowed to have guns in their homes if they live on campus or in a university owned apartment”. Apparently, the alleged perpetrator, John M. Taylor has previous convictions for riot with a deadly weapon, possession of a controlled substance and unlawful imprisonment (all Class C felonies). Class C felonies under the Revised Code of Washington are punishable by up to 5 years in prison and $10,000.00 fine.
Officers responded to an initial report of residential burglary. If charged with Residential Burglary the prosecuting attorney would have to prove, “with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.” RCW 9A.52.025. Residential Burglary is a Class B felony punishable by up to 10 years in prison and a $20,000.00 fine.
Despite the school’s policy, it appears the men were acting in self-defense including defending of other. One roommate protecting the other roommate. Plus they were inside their home and thus have no duty to retreat. Under RCW 9A.16.020 “Use of Force” is lawful, “[w]henever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary.”
Furthermore, it is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that he or she is being attacked to stand his or her ground and defend against such attack by the use of lawful force. WPIC 17.05.
In light of greater calls for gun control among some and fervent support of 2nd Amendment Rights by other. It will be very interesting to see what the school will ultimately do with respect to its current policy on gun possession in university owned accommodations.
