Challenges to Campus Concealed-Carry Bans at CU, CSU will likely end up before Colorado Supreme Court
Friday’s vote by the CSU System Board to institute a “weapons control policy” on campus – essentially, implementing a ban on legal concealed carry of firearms by licensed permit-holders – joins a similar ban by the University of Colorado Board of Regents as policies virtually certain to be legally challenged and ultimately decided by the Colorado Supreme Court.
The CU Regents ban on responsible and licensed concealed-carry has already been challenged by students from different CU campuses; although a lower court judge dismissed the case on a technicality, it is now winding its way through the appeals process, and will almost certainly end up before the Colorado Supreme Court for a final decision.
The CSU ban stands on even shakier legal grounds than the CU ban – which has survived so far solely on the basis of the University of Colorado’s unique charter in which the General Assembly granted its ELECTED Board of Regents autonomous authority over all operations of CU’s campuses. (CSU does NOT enjoy a similar “special” status). Any legal challenge to the CSU ban has strong legal merit based on the clear letter and intent of the statute authorizing statewide standards and universal application for concealed-carry permits:
18-12-214. Authority granted by permit – carrying restrictions.
(1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. … A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part. (emphasis added)
The ONLY hope for this clearly unconstitutional ban to withstand the inevitable legal challenge – and the ongoing legal challenge to the CU ban – is if the Colorado Supreme Court refuses to follow the law (certainly not impossible, given the predilections of the Mullarkey Majority which dominates the 7-member court).
Fortunately, friends of liberty and the constitutional right to keep and bear arms can “head ’em off at the pass” in November 2010 by voting to REMOVE FOUR of the most anti-constitutional justices on the Colorado Supreme Court (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) BEFORE the challenge comes to a final resolution before the court.
Freedom isn’t Free – Defend YOUR Constitution, and exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in 2010!
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