Colorado University Students File Lawsuit Against Gun Ba

[Wadero]

CU STUDENTS FILE LAWSUIT CHALLENGING CU'S GUN BAN

Two University of Colorado students and one CU alumnus, represented by Mountain States Legal Foundation, have filed a lawsuit challenging the University of Colorado's ban on licensed concealed carry in El Paso County District Court today asking the court to strike down CU's ban on licensed concealed carry on campus.

Martha Altman, CU-Denver, Eric Mote, CU-Colorado Springs alumnus, and John Davis, CU-Colorado Springs, plaintiffs in the suit, are members of Students for Concealed Carry on Campus, also a party to the suit. Students for Concealed Carry on Campus is a national advocacy group with over 35,000 members nationally and over 200 members on CU's Colorado Springs, Denver, and Boulder campuses. SCCC supports the legalization of concealed carry by licensed individuals on college campuses.

"Gun-free zones have failed," said Michael Guzman, SCCC President. "SCCC does not want a gun in every student's or professor's hands, but it is absurd that someone can legally carry on one side of the street but not the other. A total ban on licensed concealed carry does not improve safety and we have seen that such policies can lead to tragedy."

The suit is based on the fact that the 2003 Concealed Carry Act gives licensed adults over the age of 21 the right to carry everywhere in the state and prohibits local regulations that conflict with the Act. The Act includes only four exceptions to the right to carry: locations prohibited by federal law; K-12 schools; public buildings with metal detectors; and private property. C.R.S. § 18-12-214. Significantly absent from that list of exceptions: university campuses. Moreover, the CU Regents are among those local governments prohibited from enforcing regulations that conflict with the Act.

The suit also alleges that CU's weapons ban is so broad that it violates the Colorado Constitution, which protects the right to keep and bear arms for self-defense.

"The right to keep and bear arms is an essential component of individual liberty," said William Perry Pendley, President and Chief Legal Officer of Mountain States Legal Foundation. "No law-abiding adult should be denied the ability to protect herself, either on or off campus."

Concealed handgun permit holders must be over the age of 21 and undergo an extensive background check confirming that they have no history of substance abuse or criminal activity, are not subject to a protection order, and have demonstrated competency with a handgun. Statistics show that less than 1% of permits have ever been revoked in Colorado (http://www.rmgo.org/faq/CCW%20Permits%20by%20county.pdf).

For more information, see the attached litigation backgrounder and media advisory, contact Jim Manley at 303-292-2021, ext. 25, or visit Mountain States Legal Foundation at http://www.mountainstateslegal.org and Students for Concealed Carry on Campus at http://www.concealedcampus.org.

[Pat]

Wonder if we'll ever see something similar at the U of M?

[Vlad]

Would this qualify as a class action lawsuit? Large amounts of disenfranchised people working together are what got the GLBT folks what they wanted at most college campuses. Would we qualify as a legal minority???

[JFettig]

Wonder if we'll ever see something similar at the U of M?

The law doesn't prevent them from banning guns. Their campus policy does, if a student gets caught they can boot them, wouldn't that look great on your record for trying to get into another college?


Jon

[jgalt]

Wonder if we'll ever see something similar at the U of M?

The law doesn't prevent them from banning guns. Their campus policy does, if a student gets caught they can boot them, wouldn't that look great on your record for trying to get into another college?


Jon

Are there any other actions / activities that are not against the law that will get you automatically kicked out of school at MN university campuses? If not, then I could see a similar lawsuit having a chance here. If not, then probably not...

[justaguy]

Large amounts of disenfranchised people working together are what got the GLBT folks what they wanted at most college campuses.

I see that really worked out well for all of you.

[Wadero]

Wonder if we'll ever see something similar at the U of M?

The law doesn't prevent them from banning guns. Their campus policy does, if a student gets caught they can boot them, wouldn't that look great on your record for trying to get into another college?


Jon

Are there any other actions / activities that are not against the law that will get you automatically kicked out of school at MN university campuses? If not, then I could see a similar lawsuit having a chance here. If not, then probably not...

I think the point is that we have this

Subd. 18.Employers; public colleges and universities.

(a) An employer, whether public or private, may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment. Employment related civil sanctions may be invoked for a violation.

(b) A public postsecondary institution regulated under chapter 136F or 137 may establish policies that restrict the carry or possession of firearms by its students while on the institution's property. Academic sanctions may be invoked for a violation.

(c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

and they don't.