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Old October 18, 2010, 04:38 PM   #1
Glenn E. Meyer
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Colorado Supreme Court and Campus Carry

http://www.dailycamera.com/boulder-business/ci_16368692

The Colorado SC will take the case about whether the campuses can ban carry. The policy was on hold but this will be the final decision, I suppose.

Some Colorado members might have more of the details and the debate.

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Old October 18, 2010, 07:13 PM   #2
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thanx for the info. I would like to see some flexibility on the campus/concealed laws in the yrs to come
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Old October 18, 2010, 08:29 PM   #3
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Colorado schools must not need more money, if they've got money to appeal, appeal, appeal, appeal, and keep on appealing law suits they've lost.
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Old October 18, 2010, 08:38 PM   #4
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I thought some Colorado colleges voted to allow carry but were them mysteriously overruled? What happened there? I checked students for concealed campus.com but nothing.

I really hope this goes towards carrying on campus, I'd really like to see this at my school and I think this kind of thing would give some legislatures and groups the momentum needed to pull it off.

Also the ideological battle is a very enlightening one. When there is (for some, sadly) no blood running in the hallowed halls it will provide a great lesson to all.
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Old October 18, 2010, 09:06 PM   #5
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Sorry for second post, but I think the topic difference merits it.

Here is quote from the article:

Quote:
For CU, a decision from the Colorado Supreme Court will have a much broader impact than "are guns good or are guns bad?" said Ken McConnellogue, a system spokesman.

It comes down to governance, he said.

"Does the Board of Regents have the autonomy to govern the university?" he asked. "We believe it does."
So the main thrust of the Board's argument is not gun rights per se but rather the autonomy of the college in governing itself. They are pulling out all the stops, folks. It sounds like they are trying to argue they are like a private property (and thus autonomous) except that due to their funding status they aren't a private property. They want to have their cake and eat it, too.

IMO this is a shaky argument at best especially now that self defense has been ruled a fundamental right. Remember that another fundamental right, freedom of speech, does not stop at the schoolhouse door. This may not be a fair comparison being that freedom of speech is applied with strict scrutiny and we have yet to see the scrutiny applied to the Second Amendment, but I think the point is clear. It is going to be very hard to convince a court that their autonomy granted to them by some unrelated statute is more important than the Second and Fourteenth Amendments.
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Old October 19, 2010, 12:59 PM   #6
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This case is based on Colorado's pre-emption law. Using 2nd and 14th Amendment arguments may work, but that is hardly clear. Heller provided the "sensitive places" bit, which could easily be used against us. No one has really defined what makes a "sensitive place" yet.

The Board of Regents really does seem to want their authority both ways. They ARE a part of government, but claim that they are special enough that restrictions on Colorado's other governmental organizations does not apply to them. (If I understand correctly.)

Fingers crossed for SCCC.
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Old October 19, 2010, 09:46 PM   #7
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Taken to its logical extreme, CU is arguing that the authority of the Board of Regents is, essentially, limitless, at least with respect to issues regarding the school itself. That is a rather stunning argument.
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