3/25/2010

University of Colorado's Concealed Handgun Ban in Court

The hearing was just held and a decision is apparently expected within six weeks.

The Colorado Court of Appeals heard arguments Tuesday in a lawsuit by a gun rights organization challenging the University of Colorado's ban on guns on its three campuses.
Attorney Jim Manley, representing Students for Concealed Carry on Campus, argued a 1994 CU policy banning concealed weapons from its campus violates state gun laws, particularly the Concealed Carry Act of 2003.
The act states no local government can adopt an ordinance to limit state concealed carry rights in its municipality. Manley argued at the hearing that the CU Board of Regents is equivalent to a local governing body subject to this ruling.
CU attorney Patrick O'Rourke argued the law does not apply because CU is not defined in state law as a governing body and is allowed to regulate guns on its property.
"CU is a state institution of higher education, not a local government," O'Rourke told the hearing.
O'Rourke said the regents have a right to regulate the campus to create the best environment for learning. Manley said that creates a dubious distinction of where the campus authority ends.
Manley said the SCCC would be satisfied if CU would change the law to allow guns in vehicles on campus. As it stands, Manley says, a person could be charged with violating the law by driving through campus with a firearm in their car. . . .

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