Sides argue CU regents' authority in concealed-carry gun ban
By Sara Burnett/Denver Post
But the question before the Colorado Supreme Court on Wednesday wasn't whether concealed weapons on campus make students more or less safe — it was whether the CU Board of Regents has the authority to make that call, CU attorney Patrick O'Rourke said.
The Colorado Constitution, state statute and previous high-court rulings give the board that authority, he argued.
"This court has said the regents have the unique position to determine what's best (for its institutions)," O'Rourke said.
James Manley, an attorney for Students for Concealed Carry on Campus, disagreed, saying the Concealed Carry Act of 2003 allows permit holders to carry in all areas of the state.
"I think the statute is clear," Manley told the justices.
The case stems from a 2009 lawsuit filed in El Paso County on behalf of three students who were told they could not carry concealed weapons on campus, even with a concealed-carry permit.
CU's policy bans weapons on campuses, leased buildings and any area under control of university police. The minimum sanction for students is expulsion. For employees, it's termination.
The policy states that possession of firearms and other dangerous weapons "threatens the tranquility of the educational environment" and "seriously undermines" the university's academic mission.
Students for Concealed Carry on Campus argued the ban violated the Concealed Carry Act and the Colorado Constitution.
That act states that a person with a permit may carry a concealed weapon "in all areas of the state," with the exception of some federal properties, K-12 schools and buildings with fixed security checkpoints, such as courthouses. It also states that "a local government" may not enforce an ordinance or resolution that conflicts with the law.
Universities are not included among the exceptions to the concealed weapons law, and the CU regents aren't specifically listed as exempt from the ban on local government regulation of concealed weapons.
Still, El Paso County District Judge G. David Miller dismissed the 2009 case, saying the Board of Regents is not considered a local government, but a "statewide authority with its own legislative powers over distinct geographic areas."
Last year, the Colorado Court of Appeals reversed the decision, saying it was clear the Concealed Carry Act was intended to apply statewide.
In a 5-4 vote, the regents decided to appeal to the state's high court, in part because the ruling could have consequences for the board's authority in other areas.
Several organizations then weighed in through "friend of the court" briefs.
In one, the County Sheriffs of Colorado and the Independence Institute pointed to murders that have been prevented by citizens with lawful firearms. They called the regents' prohibition on guns "highly dangerous," saying victims wouldn't have "the tools necessary to save lives" if such an incident occurred at CU.
A brief by Rocky Mountain Gun Owners included statements from Republican state Sens. Ted Harvey and Greg Brophy, who said the legislature clearly intended the 2003 law to apply to college campuses.
The Brady Center to Prevent Gun Violence urged the court to uphold the ban, saying that allowing concealed weapons on campus "is dangerous, extreme and seriously threatens public safety."
O'Rourke did not address the friend-of-the-court briefs at any length Wednesday but noted that because the regents are elected to their posts, citizens may vote them out if they disagree with their policies.
Four of the seven justices asked questions during the one-hour hearing, but none gave a clear indication of which way he or she was leaning.
The court will rule at a later, undetermined date.
Sara Burnett: 303-954-1661 or sburnett@denverpost.com
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