Patterico's Pontifications

4/15/2010

Colorado Court Revives Campus Concealed Carry Lawsuit

Filed under: Second Amendment — DRJ @ 9:44 pm

[Guest post by DRJ]

A Colorado appeals court has opened the door to allowing concealed carry on the University of Colorado campus:

“The Colorado Court of Appeals ruled Thursday in favor of a group seeking to allow students with concealed gun permits to carry their weapons on campus. Students for Concealed Carry on Campus had argued that a 1994 University of Colorado policy banning concealed weapons violated state gun laws, particularly the Concealed Carry Act of 2003.

The ruling revives a lawsuit that a judge dismissed last year and could affect other Colorado campuses. Colorado State University approved a campus weapons ban similar to CU’s in February.

CU is considering an appeal to the Colorado Supreme Court, university spokesman Ken McConnellogue said. CSU spokeswoman Michele McKinney said the university is reviewing the court decision, too. “

To obtain a Colorado concealed carry permit, applicants must be 21 and undergo a background check. The plaintiffs claimed the Colorado Concealed Carry Act prohibits local governments from restricting concealed carry rights and say the court’s decision “vindicated a constitutional right to bear arms.” If the decision is sustained on appeal, I think it means Colorado would join Utah as the only states that allow concealed carry on college campuses.

— DRJ

20 Responses to “Colorado Court Revives Campus Concealed Carry Lawsuit”

  1. this lawsuit is silly: look how well banning guns on campus has w*rked to prevent shootings.

    Barrack Hussein Obama (fb8750)

  2. and once again, Ear Leader shows he doesn’t have the sense G*d gave a hole in the ground.

    redc1c4 (fb8750)

  3. It’s really annoying how this debate worked out at UT. Some Va Tech shooting witness claimed it was an outrageous proposal, and bringing more guns into the situation he was in would have led to more people being shot.

    Of course, he’s proof that a gun free zone attracts the situation he’s warning against. You can’t list the times a mass shooter did not go to a place with guns, or was dissuaded entirely because his plan entailed too much risk. Those shootings just plain don’t happen.

    I can think of so many killings that involve bad guys going where everyone else is banned from having concealed weapons. 9/11, Hasan at Ft Hood, several school shootings.

    While guns banned from planes is obviously pretty reasonable, I don’t think many of these attacks would happen in places where people can shoot back. I think that claim that the would-be concealed weapon hero would make a bad situation worse, ignores the reality that the bad situation would have been deterred many times.

    It also ignores that some school shootings, such as Appalachian Law, where stopped by an armed student. Not that mass shootings are even the primary reason to have a gun. I am sick and tired of hearing about another mugging or assault of a woman taking place strategically at UT, away from normal Texas.

    Oh, and I wanted to point out to veterans that a DD-214 and a reasonable fee and a mailbox is all you need to get a concealed permit from Florida that is honored in many states. So enjoy your rights.

    dustin (b54cdc)

  4. I know this is going to sound weird in this particular thread, but I do have a point, which I may elaborate on later after I see how things go.

    When you treat adults as children, they will continue to act like children until society makes them grow up. Apparently, today’s norm puts that age around 25 or 26.

    That may be a good thing, but I don’t think so.

    Ag80 (f67beb)

  5. What all ya’all said.

    Know how often this crap would happen in Switzerland? Hell no, with an assault rifle in every closet and constant weapons practice, it will not happen. Or, it won’t happen for long.

    Vivian Louise (643333)

  6. it means Colorado would join Utah as the only states that allow concealed carry on college campuses.

    Virginia allows concealed carry on college campuses, VT was problematic because it was VT itself that prohibited on campus carry. (Virginia does prohibit carry in K12 schools, both public and private.)

    #3 dustin:

    You can’t list the times a mass shooter did not go to a place with guns, or was dissuaded entirely because his plan entailed too much risk.

    We can list at least one such time: one of the Los Angeles area attacks on a Jewish center/school was chosen because the first choice(s) of the shooter had an armed guard, so he chose a lesser protected target.

    Hmmm, Wikipedia entry on that shooting.

    As a general rule, I tend to avoid places where I cannot carry, either by law or by policy of the ownership. The effect is that some places lose the business of an individual, or I am occasionally inconvenienced to find an alternative…but I am also more secure in my person; which seems a reasonable trade off to me.

    EW1(SG) (edc268)

  7. “When you treat adults as children, they will continue to act like children until society makes them grow up.” – Ag8o

    You hit the nail on the head. Personal Responsibility, like Elvis, has left the building.

    Corwin (ea9428)

  8. We can list at least one such time: one of the Los Angeles area attacks on a Jewish center/school was chosen because the first choice(s) of the shooter had an armed guard, so he chose a lesser protected target.

    Very apt example of the principle in play here.

    These people want to make a statement and are too cowardly and lazy to find a better way to show their hatred than to shoot a bunch of helpless people. The idea that letting people not be helpless would somehow make a bad situation worse has always been willfull ignorance.

    I wonder how many lives we don’t know where saved because of such decisions.

    dustin (b54cdc)

  9. The Denver Post piece is fairly crappy. There were two parts to the lawsuit. The first was the ban on concealed carry on campus.

    The Colorado statute on concealed carry states that the permit allows concealed carry throughout the state, with certain exceptions ( e.g., public buildings with metal detectors/security, elementary schools ). Local governments could not further restrict. ( Private property could set their own rules, but violation is not a criminal violation as it is in some states ). The Colorado AG, Ken Salazar, now Senator, wrote an opinion that stated that the Colorado constitution allows the Univ of Colo to self-govern so it was permitted to write its own ban. This decision blew that argument out of the water completely.

    There was a second part to the suit which was the Univ of Colo’s ban on possession of all firearms on campus ( ie., openly or by residents of on-campus housing ). The decision sets a higher standard of review using the Colorado State Constitution’s right to bear arms provision and remands for further proceedings ( since the original decision was on a 12b5 motion ).

    SPQR (26be8b)

  10. What do the Colorado LEOs and political bodyguards think of going unarmed on campus? Oh.

    htom (412a17)

  11. The issue for the University is fundamentally about illusions, symbolism, form over substance and denying reality.

    Which is really all that Academia is about.

    SPQR (26be8b)

  12. htom…There are rules for me, and there are rules for thee!

    AD - RtR/OS! (f9a039)

  13. Why are colleges in particular so ouchy about this?

    Technomad (e2c0f2)

  14. Not only do we allow carry on campus The Brady Bunch gave us a score of 0 (zero).
    http://www.bradycampaign.org/stategunlaws/scorecard/UT/

    Thank you, you bunch of wussies

    SaintGeorgeGentile (aa85b2)

  15. SaintGeorgeGentile

    Texas takes a step back and bows to Utah.

    Impressive.

    Dustin (b54cdc)

  16. And the Bradycampaign’s website is hilarious. Their explanation for why they flunk Utah is how Utah’s policies are going to get everyone killed with rampant gang violence. Utah… 46 out of 51 states + DC in violent crime. Where 1 is the highest rate.

    49th for murder.

    Thanks Bradycampaign, for pointing out that the actual violence is the true indicator for if a state’s violence prevention laws are effective. But maybe use the google next time.

    Also, they have a link saying “What does zero stars mean?”

    It means you’re stupid to ask.

    Dustin (b54cdc)

  17. There’s a similar discussion happening over at “[object],” but about SecDef’s impending restrictions on military posts a a result of the Nidal Hassan shootings.

    My take: “Howizzit that a 24-year Army veteran (who can still qualify expert with a pistol, thankyouverymuch), permitted to carry a concealed weapon anywhere in his state of residence and 38 other states with reciprocal agreements, is not allowed to carry it onto the Army post where he works?

    Especially now that we have been notified that the paltry few federal cops the garrison was supposed to get would be cut back because they didn’t budget properly?

    How many people would Hassan have killed if ONE soldier in that building had been armed?”

    Virtual Insanity (1d2640)

  18. I was the Security Director for a large retail establishment with a large food court. There were several law enforcement training facilities within a mile of our location and we always had armed officers (usually out of uniform) eating during the day. Each week I would get civilians complaining about people at the food court open carrying and I would tell them that they were law enforcement officers.
    Several went to the management to try and get weapons banned. I did ask the training commands to have their people at least display a badge to indicate their status rather than just a funny t-shirt.
    (Though the gorgeous (and stacked) redhead in BDU pants with a Berreta in a drop tactical holster and a t-shirt that said, “K-9 cops do it doggy style” made my day.)

    My argument to management was that our facility was the least likely target of an active shooter scenario any where in the central part of the state.

    Have Blue (854a6e)

  19. Similar argument going on over at This Ain’t Hell (but you can see it from here), but in regards to SecDef’s decision to make it more restrictive for Govt employees and soldiers to carry on military installations.

    My 2 cents:

    “Howizzit that a 24-year Army veteran (who can still qualify expert with a pistol, thankyouverymuch), permitted to carry a concealed weapon anywhere in his state of residence and 38 other states with reciprocal agreements, is not allowed to carry it onto the Army post where he works?

    Especially now that we have been notified that the paltry few federal cops the garrison was supposed to get would be cut back because they didn’t budget properly?

    How many people would Hassan have killed if ONE soldier in that building had been armed?”

    Virtual Insanity (d93c26)

  20. Oops. Sorry for the double-post at 17 and 19.

    Virtual Insanity (d93c26)


Powered by WordPress.

Page loaded in: 0.4511 secs.