The Colorado Supreme Court today unanimously affirmed a 2010 Colorado Court of Appeals decision striking down the arbitrary ban of lawful, licensed concealed carry on campuses of the University of Colorado. In its decision in Regents of the University of Colorado v. Students for Concealed Carry on Campus, the Supreme Court found that Colorado’s Uniform Shall-Issue Concealed Carry Law passed in 2003 divested the CU Board of Regents of authority regarding lawful concealed carry on CU campuses. Because the Supreme Court found that the Regents had no authority to ban concealed carry on campus that complies with the state law, it declined to address state and federal constitutional issues that had also been raised in the Students’ appeal.
The CU Regents refused to lift their ban on campus concealed carry even after the 2003 law, which states that lawfully-licensed persons may carry anywhere in the state not otherwise prohibited by law, was enacted. In 2009, CU students filed suit in El Paso County District Court to challenge the campus ban, but that court threw out the lawsuit saying the students had no meritorious claim under the law. In a comprehensive decision, the Court of Appeals reversed the El Paso County District Court and held that the Concealed Carry Act passed in 2003 did not exempt CU from the “all areas of the state” provision. The CU Regents then appealed to the state Supreme Court.
Colorado State University’s governing board approved a similar ban in 2010, only to rescind it after the Court of Appeals struck down the CU ban just weeks before the CSU ban was to go into effect.
webmasteronMonday 05 March 2012 - 12:16:41