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Old April 16, 2010, 12:37 PM   #11
Glenn E. Meyer
Join Date: November 17, 2000
Posts: 18,606
Some new stuff - thus I resurrect it. Might be good news.

From the Chronicle of Higher Ed today:

Appellate Court Allows Challenge to Campus Gun Ban in Colorado
The Colorado Court of Appeals ruled on Thursday that a lawsuit challenging the University of Colorado's ban on concealed weapons can go forward, Law Week Colorado reported. A lower court had dismissed the suit in deference to the regents' policy-making authority. But a unanimous three-judge panel of the appellate court reinstated it, saying the campus ban appeared to violate state weapons law. "Had the legislature intended to exempt universities, it knew how to do so," the panel's opinion states.

This is the Law Week report -

Colo. Court Of Appeals Reinstates Lawsuit Challenging CU’s Campus Gun Ban
Posted on 15 April 2010 By Matt Masich, LAW WEEK COLORADO

DENVER — A lawsuit challenging the University of Colorado’s campus gun ban is allowed to go forward, the Colorado Court of Appeals ruled Thursday.

Students for Concealed Carry on Campus sued the CU Board of Regents on the grounds that the university’s policy banning the possession of guns on its campuses — even by those with concealed carry permits — violates state law.

El Paso County District Court Judge G. David Miller dismissed the lawsuit in 2008, ruling that the gun ban falls within the prerogative of the CU regents.

But a three-judge panel of the Court of Appeals reversed that decision. In the unanimous opinion, Judge Robert Hawthorne said that the state’s Concealed Carry Act, which gives permit holders the right to carry a concealed weapon, applies to universities.

“The statute’s plain language applies to ‘all areas of the state’ and does not specify public universities in its list of exceptions,” Hawthorne wrote. “Had the legislature intended to exempt universities, it knew how to do so.”

Jim Manley of the Mountain States Legal Foundation, who represented Students for Concealed Carry, hailed the ruling as “a victory for individual freedom and a victory for the rule of law.”

Patrick O’Rourke, general counsel for the University of Colorado, said he was disappointed by the decision.

“We thought the trial court had applied the correct reasoning to determine that the regents’ weapons-control policy was an appropriate exercise of the regents’ constitutional authority,” O’Rourke said.

The university will decide over the next few weeks whether it will appeal the decision to the Colorado Supreme Court, he said.

“I think CU’s chances of winning on appeal are slim,” Manley said. “The Colorado Court of Appeals rejected all of CU’s arguments. The opinion is very well-reasoned and supported by precedent and sound interpretation of the Concealed Carry Act and the Colorado Constitution.”
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