Unconstitutional College Campus Gun Bans in retreat – CSU rescinds ban after CU loses case, but counterattack may still push back to Colorado Supreme Court
Clear The Bench Colorado has tracked the threat posed by the Colorado Supreme Court to our constitutional right to keep and bear arms in Colorado for some time (including attempts to levy what amounts to an unconstitutional poll tax on firearms sales and permits, and of course the CU Regents ban on responsible and licensed concealed-carry and the more recent CSU campus ban on concealed carry, along with debates and recent developments in both cases). Today, in another stunning development in Colorado Politics and another great victory for individual rights and the rule of law, the CSU Board of Governors rescinded the (illegal) ban on licensed concealed firearms carry on campus (finally complying with state law).
As the CSU spokesperson explained, the Governing Board really had no choice, in light of the recent Court of Appeals ruling in Students for Concealed Carry on Campus v. Regents of the University of Colorado. There, the unanimous three-judge panel ruled that Colorado’s Concealed Handgun Act, which is explicitly preemptive, had no implicit exception for state institutions of higher education. The University of Colorado has not yet announced whether it will petition the Colorado Supreme Court for certiorari in that case.
Although this may be the start of a new trend (a view taken in an editorial by the Colorado Springs Gazette, “College gun bans may start crumbling“) – and we would join them in applauding such a development – we must remember that our constitutional and statutory rights are under constant threat of being “interpreted” out of existence by the current majority on the Colorado Supreme Court, which has consistently demonstrated a contempt for the clear letter of the Colorado Constitution and for the rule of law, generally. This victory for individual rights remains just one legal challenge away from being set aside – and that challenge may yet be coming:
The CU Board of Regents has not rescinded its ban and may appeal the appellate court’s decision to the Colorado Supreme Court.
Stick to your guns – 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 of self-defense, your right to vote on tax increases, your right to defend your home or business from government abuse of eminent domain powers, 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 in November 2010 to keep these unjust justices from returning for another 10-year term!