Score one for the Second Amendment

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Colorado court says students can carry guns on campus

Reuters: The University of Colorado overstepped its authority when the school’s board of regents imposed a ban on the carrying of concealed weapons at its four campuses, the state’s Supreme Court ruled on Monday.

In overturning the policy, the court said that a concealed -carry law passed by the state legislature trumped the school’s ban because it did not carve out an exception for the state’s flagship university.

“We hold that the (concealed carry law’s) comprehensive statewide purpose, broad language, and 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 ruling said.

“This is a victory for gun rights as well as civil rights,” said James Manley, an attorney with the Mountain States Legal Foundation that sued on behalf of three students who challenged the ban.  “The University of Colorado has to follow state law and the regents can’t ignore that.”

Ken McConnellogue, spokesman for the university, said the regents believed as an elected body they had the legal right to set security policy at their campuses.  We’re disappointed that the state supreme court has taken away what the university believed was its statutory and constitutional authority to provide for the safety of our students, faculty, staff and visitors,” he said.

The Colorado case stemmed from three students with valid concealed-carry permits who sued in 2008 after university police denied them permission to carry their weapons on campus.  The students lost at the trial court level, but the ruling was overturned by the Colorado Court of Appeals. The university appealed that ruling, setting the stage for a review by the state’s highest court.

When are people going to learn than declaring a ban on guns doesn’t stop someone intent on committing a crime?  Do they think the “handgun fairy” is going to come down and swoop up the gun?  
Guarantee you that if I’m anywhere near someone who decides to start shooting, I’m hopeful that I, or someone around me, would be armed and attempt to stop the shooter and protect lives.  A gun ban doesn’t stop criminals yet it’s the Second Amendment that enables law-abiding citizens to protect lives.
DCG

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0 responses to “Score one for the Second Amendment

  1. I’m pleasantly surprised by Colorado Supreme Court’s ruling. Fortunately, Colorado is in the 10th US District Court, instead of the super-liberal 9th District Court. If it were, the ruling would certainly be struck down.
    Of course, it still may….

     
  2. Since the CU Gun Ban case was decided solely on the basis of state law on the applicability of concealed-carry permits, the Colorado Supreme Court ruling is the FINAL say on the matter; there is no route to appeal the ruling to the Federal courts.
    Interestingly, the Colorado Supreme Court avoided ruling on the broader constitutional issues (2nd Amendment and Colorado constitutional protections of the right of individuals to “keep and bear arms”) – although that was among the issues at appeal when the court accepted the case.
    https://www.clearthebenchcolorado.org/2011/06/10/colorado-supreme-court-hears-arguments-in-cu-gun-ban-case-are-coloradans-gun-rights-in-the-crosshairs/
    In the interim, the composition of the court changed (MUCH for the better) with the resignation of former Chief Justice Mary Mullarkey and later resignation of fellow-traveler Associate Justice Alex Martinez, and the court did NOT address the broader constitutional issues – leaving intact the lower court ruling (Colorado Court of Appeals) applying the strict scrutiny standard (vs. the more expansive “rational-basis” test) to preserve the fundamental constitutional right to keep and bear arms in Colorado:
    https://www.courts.state.co.us/Courts/Court_of_Appeals/opinion/2010/09CA1230.pdf
    All in all, a good win for gun rights – that might not have happened, but for the judicial accountability movement led by Clear The Bench Colorado (https://www.clearthebenchcolorado.org/ )

     

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