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!

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!

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).  In a stunning development in Colorado Politics and a great victory for individual rights and the rule of law, the Colorado Court of Appeals yesterday struck down the University of Colorado ban on licensed permit-holders carrying firearms on campus (Court tosses CU gun ban).

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 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.

However, although the case represents a substantial victory for individual rights and the rule of law, it is just one battle; the war is far from over, as the Denver Post article points out:

After Thursday’s ruling, the lawsuit may go back to district court, or CU can appeal the decision to the Colorado Supreme Court. The university could also repeal the ban if it so chooses.

Ken McConnellogue, spokesman for the University of Colorado system, said school officials are weighing options. Regents will likely discuss the matter at a regularly scheduled board meeting next week.

CU is being urged by a “national anti-gun group” to appeal the case, which may yet end up before a Colorado Supreme Court with a demonstrated track record of hostility to the constitutional rights of individuals in Colorado to bear arms in defense of themselves and others.

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!

Clear The Bench Colorado has previously noted that a recent decision by the CSU Board of Governors to deprive Concealed-Carry Weapons (CCW) permit-holders of their legal rights under Colorado statute on CSU campuses is virtually certain to be legally challenged and ultimately decided (as a matter of Colorado law, regulating concealed carry) by the Colorado Supreme Court.

Recent statements by Larimer County Sheriff Jim Alderden that he would refuse to prosecute any licensed permit-holder detained or sanctioned by University enforcement officers, because any such action would violate state law as well as his oath to uphold the Federal and state Constitution and Colorado statute, has drawn additional attention to the issue.

Sheriff Alderden recently appeared on the Independent Thinking television program to discuss the issue of “Guns on Campus” with host Jon Caldara and leftist Denver Post columnist Mike Littwin (the CSU Board refused to appear in defense of their policy decision, probably on the advise of legal counsel in order to avoid making self-incriminating statements).

In this segment (number 2 of 3 total), Sheriff Alderden reiterates the fact that the CSU gun ban violates state law:

(At approximately the 7 minute mark, Sheriff Alderden gets to the crux of the matter:
“The law says that if you have a Concealed Carry Permit, you CAN carry on campus… that’s what the statute says.”)

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 uphold the law (certainly not impossible, given the repeatedly demonstrated anti-gun bias and generally anti-constitutional predilections of the Mullarkey Majority which dominates the 7-member court).

Meanwhile, 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, the case is now coming before the Colorado Court of Appeals (one level shy of the Colorado Supreme Court).  Oral arguments in the case begin this coming Tuesday (23 March) starting at 1:30 PM (those with an interest in upholding the constitutional right to keep and bear arms in Colorado may wish to appear in (polite and civil) witness to the proceedings.

Ultimately, these cases are likely to be decided by the Colorado Supreme Court; given the current majority, this cannot be an entirely encouraging prospect for friends of liberty and defenders of our constitutional rights. 

Fortunately, friends of liberty and the constitutional right to keep and bear arms in Colorado 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 against retaining these unjust justices in November 2010!

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!