[Vision2020] And now, round two.........

[Wayne Price]

Colorado Supreme Court affirms that CU students can carry licensed  
guns on campus

POSTED:   03/05/2012 09:43:35 AM MST
UPDATED:   03/05/2012 01:34:55 PM MSTBy Monte Whaley
The Denver Post

In a victory for gun-rights advocates, the Colorado Supreme Court  
today struck down the University of Colorado's campus gun ban, saying  
the CU Board of Regents overstepped its authority in blocking students  
from carrying licensed concealed weapons.
"We're very, very happy," said James Manley of the Mountain State  
Legal Foundation, which argued against CU's ban. "The position of the  
Supreme Court was that they (the CU regents) were operating above the  
law."
Justices ruled that the state's Concealed Carry Act's "comprehensive  
statewide purpose, broad language, narrow exclusions show that the  
General Assembly intended to divest the Board of Regents of its  
authority to regulate concealed handgun possession on campus."
The Concealed Carry Act — passed by the state legislature in 2003 —  
states that a person with a permit may carry a concealed weapon "in  
all areas of the state," with the exception of some federal  
properties, K-12 schools and buildings with fixed security  
checkpoints, such as courthouses. It also states that a "local  
government" may not enforce an ordinance or resolution that conflicts  
with law.
CU regents, however, said they have the authority to ban concealed  
weapons on campuses, leased buildings and any area under control of  
university police.
But in 2009, three students in El Paso County filed a lawsuit. The  
students — Students for Concealed Carry on Campus — argued the ban  
violated the Concealed Carry Act and the Colorado Constitution.
In 2010, the Colorado Court of Appeals reversed that decision, saying  
it was clear the Concealed Carry Act was intended to apply statewide.
An El Paso District Court judge dismissed their suit, saying the Board  
of Regents is not considered a local government, but a "statewide  
authority with its own legislative powers over distinct geographical  
areas.
In a unanimous decision, the State Supreme Court backed the appeals  
court. CU now must join Colorado State University in allowing students  
to carry licensed concealed weapons on campus, Manley said.
"My clients are extremely happy," said Manley. "They will now be able  
to exercise their constitutional rights to carry on campus."



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