by Kelly Jasper / senior writer

Fifteen minutes, Dave Briggman said. "Fifteen minutes — I told you that’s all it would take."

Though brief, a 15-minute hearing Wednesday morning marked the start of court hearings over the legality of JMU’s weapons policy, extending for another two months Briggman’s challenge to carry a gun on campus.

The Keezletown resident filed the lawsuit a month ago. He is seeking a temporary injunction to halt JMU’s weapons policy, which doesn’t make an exception for holders of concealed weapons permits, such as Briggman.

But Wednesday’s hearing only addressed the defense’s objections to the suit and did not take evidence into consideration. A longer hearing on Briggman’s argument will be scheduled after he amends his pleading, addressing the objections.

The objections include seven points in which Assistant Attorney General James Wright, who is representing JMU, said Briggman’s claims are not sufficient to justify legal action.

Briggman’s suit named JMU President Linwood Rose, not the university or Board of Visitors, as the defendant. Rose did not appear at the hearing. Wright said, "This is a matter really against James Madison University."

"There is no evidence that the Board of Visitors crafted this policy," Briggman wrote in a motion opposing the objection. Briggman drafted the motion, having chosen to pursue the case without a lawyer.

Rockingham County Circuit Judge James Lane said Rose is an agent of the board, so naming him as a defendant was correct. Still, he sustained the objection because the board is a "necessary party" and should also be named.

Wright said Briggman also doesn’t allege irreparable harm — a requirement of the injunction. Briggman said he is harmed by the policy because he could be removed from campus, arrested or have his gun confiscated if he was stopped while driving through campus with a weapon.

After speaking with JMU Police, Wright said the policy hasn’t been enforced in 18 years.

However a check of the JMU campus crime reports found that from 2001 to 2003, 10 people were arrested for illegal weapon possession. In the same period, 28 weapons violations were referred for disciplinary action. Specifics of the cases were not available, such as if any incident pertained to Briggman’s situation — a visitor in possession of a concealed weapon with the proper permit.

"The mere existence of policy … constitutes ‘threat of enforcement,’ otherwise, why would it exist?" Briggman wrote in the motion. Lane overruled the defense’s objection.

Briggman has 21 days to amend the pleading on the objections Lane sustained. The defense then has 21 days to respond to the amended pleading.

"Today’s ruling was essentially on the procedural motion," said Tim Murtaugh, spokesman for the Attorney General. He declined to comment further on the case.