CU Board of Regents votes to violate law, student and citizen rights in appealing gun ban reversal 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 momentous development in Colorado Politics, the CU Board of Regents voted to appeal the ruling by the Colorado Court of Appeals which in April struck down the University of Colorado ban on licensed permit-holders carrying firearms on campus (Court tosses CU gun ban).

As Clear The Bench Colorado noted at the time, the Court of Appeals ruling was both legally sound and clear in its rejection of the CU Board’s assertion of extra-constitutional authority:

The Colorado Court of Appeals ruled Thursday that the University of Colorado has no authority to bar students or visitors from lawfully carrying guns on campus.

The Colorado Court of Appeals ruling in the case highlights the critical importance of judges who rule in accordance with the law (especially the Constitution, which exists to protect the rights of individuals and limit the power of government) and underlines the fact that Colorado does have many such judges at various levels (including Judge Christine Habas, who ruled – correctly – that the Mill Levy Tax Freeze” was unconstitutional before being overturned by the Mullarkey Majority).  Unfortunately, we just don’t have enough of them on the Colorado Supreme Court.

The Colorado Court of Appeals ruling in the case also substantiated our assertion that the CU and CSU bans violate “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.

The Colorado Court of Appeals could not have been more clear in upholding that view, and went further in upholding the constitutional right of Colorado citizens to bear arms in self-defense:

Because the statute expressly applies to “all areas of the state,” we conclude that plaintiffs have stated a claim for relief under the CCA. We further conclude that plaintiffs have stated a claim for relief under Colorado Constitution article II, section 13, which affords individuals the right to bear arms in self-defense.

The lawlessness of the CU Board members voting with the majority – voting to violate the clear letter of the law, and voting to violate the legal rights of its students along with the rights of any citizens who might find themselves within the (open to the public) campus area – is betting on a similar lawlessness 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.  The case serves as a powerful reminder 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.

Stick to your guns – Defend YOUR constitutional and statutory rights, and exercise YOUR right to vote “NO” on retaining the 4 (er, 3 remaining) ‘unjust justices’ of the Mullarkey Majority (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!

One Response to CU Board of Regents votes to violate law, student and citizen rights in appealing gun ban reversal to Colorado Supreme Court

  • Sharon Moll says:

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