Student told to conceal his firearm

Thomas McCrory never wants to feel defenseless again.

Last fall, McCrory was riding TRAX back to campus at night when he noticed that a homeless man was following him.

McCrory said he had never feared for his safety before. But after a skiing accident several years ago put him in a wheelchair, he felt different.

"I can get taken out by a ten year old," said McCrory, a senior business major. "You know I have no leverage whatsoever. (But) I'm pretty good if I get a hold of ya."

Even after the man made eye contact and followed him off the train near the U's Legacy Bridge, McCrory tried to assume the best.

He figured the man was just going to sleep somewhere on campus, but waited on the train platform for a while just to make sure.

After he figured the man was long gone, McCrory left the train stop and started heading toward the Residence Halls. When he got to an elevator to access the bridge to upper campus, the man was standing inside.

So McCrory waited. And when he thought the vagrant had left again, McCrory rode the elevator to the top of the bridge where he found the man standing in his path.

This time, he came at McCrory.

Luckily, McCrory was able to quickly hit a nearby campus help button and a group of long boarders scared the attacker off. The man escaped and McCrory was unharmed.

The instance made McCrory think seriously about his self defense.

After the Utah Supreme Court struck down the U's former campus gun ban last fall, McCrory said he was the "first in line" to get a concealed weapons permit so he could pack heat on campus. The court ruling allowed students and staff with permits to carry guns on campus.

Wearing the gun became a daily norm. McCrory carried the gun around campus -- often without even covering it up -- and didn't run into any trouble, he said.

Then during finals week last spring, McCrory said his gun-toting habits became an issue.

McCrory said Barb Remsburg, an administrator in the Residence Halls, pulled him aside and told him he had to cover up his gun. Campus policy requires weapons permit holders to keep their guns concealed.

After McCrory refused, he was later called to Remsberg's office where he said police officers were waiting. McCrory said Remsberg told him that if he didn't agree to cover up his handgun, he would be expelled and possibly face charges. He said Remsberg presented him with a copy of a statute about guns at schools that "conveniently left out" a part of the law that exempts concealed weapons permit holders.

Remsberg wouldn't comment about the incident because she said federal law prohibits her from doing so, but said she doesn't see "a need" for permit holders to openly carry.

John Morris, general counsel for the U, said it is unfortunate that McCrory feels he was mistreated, but said McCrory's interpretation of the law is just wrong. He said the U is simply trying to enforce state law.

McCrory said he open carries because it is uncomfortable to wear a jacket in hot weather.

Gun activists and U administrators are at odds over the U's policy prohibiting the open carry of firearms. The U maintains that the law says concealed weapons carriers must keep their guns concealed while on school property. But some gun-rights advocates say the code does not specifically say open carry is illegal, so it cannot be prohibited. State law allows lawful gun owners to open carry in most places.

McCrory said he knows other students who open carry, but have not faced the same punishment. He said the ordeal with Remsberg made him feel ambushed and singled out.

"I don't know if it's because I'm in a wheelchair that they did this. A part of me thinks it is," he said. "And I'm the only student that's been threatened with expulsion for open carry. And as far as I can tell, the only difference between me and all those people is I'm the only one that's in a wheelchair."

Fred Esplin, vice president for institutional advancement at the U, said no other students have been caught open carrying. Esplin said he hopes students will not disrupt their education by challenging the policy.

For now, McCrory said he covers his gun because he doesn't want to be expelled, though he said he might challenge the rule in the future. He hopes the state attorney general or state legislators will step in to clarify the law.

d.gardiner@chronicle.utah.edu