EL PASO COUNTY, COLO. -- A lawsuit is challenging the University of Colorado's (CU) ban on carrying concealed weapons on its three campuses.
The lawsuit was filed in El Paso County by three members of a student gun rights group that argues the university's ban on licensed concealed carry denies the rights of self defense guaranteed by Colorado's Concealed Carry Act and the Colorado constitution.
In 2003, the Colorado legislature created a universal program to license concealed carry of handguns with a permit. The act bans guns at public schools: elementary through high school, as well as any places that are barred under federal law--public buildings with metal detectors, like courthouses, airports and private property.
Shortly after the 2003 enactment, the Colorado Attorney General's Office issued a formal opinion, finding the CU Board of Regents' policy prohibiting weapons on its Boulder, Denver and Colorado Springs campuses was valid despite changes in state statute that same year.
In the last year University of Colorado-Colorado Springs (UCCS) senior John Davis, CU Denver student Martha Altman and alumnus Eric Mote have asked permission to carry their concealed weapons on campus, tried protests and petitions to no avail.
"We're interested in this right now because of the fact that recently, there have been a lot of situations where college students are dying because they're unable to defend themselves," explained Mote.
According to the national conference on state legislatures, 13 states are currently considering some form of "concealed carry" legislation aimed at campuses.
Since 2003, nearly 30,000 Coloradoans have received permits to carry concealed handguns, a process that requires applicants to be 21 years or older and undergo a substance abuse and criminal background check.
Despite that, CU's Board of Regents argue allowing concealed carry on campuses undermines its core mission of maintaining a safe learning and working environment for students, faculty and staff.
"Concealed carry permit holders are law abiding citizens, They've proven that. Only one percent of the permits in Colorado have had to be revoked," explained Davis.
Though Davis has had 12 years of military experience as a rifle and pistol markman, it's not just Virginia Tech-type attacks Davis worries about, but everyday assaults.
"Sometimes when you're leaving at night, there's not a lot of people around and if there's somebody waiting in the bushes or something, you know, you can only be so alert. Campus police can't be there all the time," said Davis.
Board of Regents Weapons Control Policy
FACT SHEET
Dec. 11, 2008
The University of Colorado Board of Regents has reviewed its weapons control policy on numerous occasions since implementing it in 1970.
Based on those reviews--the most recent this year--the board has not been persuaded to change its policy.
Board policy states that possession of firearms on our campuses is inconsistent with and undermines the university's academic mission, and threatens the tranquility of the university's educational environment.
The board's policy prohibits the possession of firearms, explosives and dangerous or illegal weapons on university campuses, in leased buildings, within the jurisdiction of campus police departments, and in other areas where weapons would interfere with the learning and working environment.
Under the policy, those who are found guilty, via a due process procedure, of intentional or reckless violation of the policy in a way that would intimidate, injure or interfere with the university's working/learning environment are subject to the following minimum sanctions: expulsion for students; termination for employees; and a ban from campus for other individuals.
In 2003, the Colorado Attorney General's Office issued a formal opinion, finding the CU Board of Regents' policy prohibiting weapons on our campuses was valid despite changes in state statute that same year.
We believe the university's weapons policy is a valid exercise of the Board of Regents' power to govern the affairs of the university as provided under state law.
Most college campuses, including service academies and many of our peer institutions such as the University of Texas system, do not allow students to carry concealed weapons on their campuses.
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