From Deseret News archives:

Campus gun bill closer to passage

Sponsor says U. is acting above the law with ban

Published: Friday, Feb. 20, 2004 7:51 a.m. MST
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A controversial gun rights bill that could prevent public college campuses from banning concealed weapons from campus is one step closer to becoming law.

SB48 seeks to give the Legislature final say on whether or not concealed weapons should be allowed in public schools — specifically higher education institutions.

Sen. Michael Waddoups, R-Taylorsville, is sponsoring the measure in response to a 3rd District Court ruling that upheld the University of Utah's policy banning concealed weapons on its campus.

"The U. is acting above the law. When somebody goes blatantly against the law, that's wrong. The U.'s policy is a violation of the right of citizens," Waddoups said.

However, some members of the House criminal justice committee were concerned, as senators were in earlier hearings, over language that would have prevented private businesses from establishing no-gun policies on their property.

"I want to stay silent on that. That's something for the courts to decide," Waddoups said.

But the committee amended the bill to say it would not restrict individual property rights.

Though other public state schools like Utah State University have restrictions on concealed weapon carriers on campus, none are as bold as the U's, Waddoups said.

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"Their policy stops students and professors from carrying a gun, but it doesn't keep guns off campus," he said.

Clark Aposhian, chairman of the Utah Self-defense Instructors Network, said the U's policy is targeting the wrong people.

"We've (concealed weapons carriers) had a fantastic track record, and we are the most law abiding citizens who carry guns in this state, bar none," he said.

But opponents of Waddoup's bill were concerned about the safety of students in public education institutions across the state.

"If we send our children to public schools thinking they'll be safe, why do we let people bring guns inside? Where are the rights of the rest of us to feel safe," Utah PTA president JoAnn Nielson said.

Waddoups and other proponents of the bill agreed guns shouldn't be allowed on campuses, but the senator said passing such a law would be futile.

"I'd like to pass a law that banned guns on campus, but there's no sense passing a law we can't enforce, but the U.'s policy obviously is not protecting its students," he said.

The bill passed by an 8-3 vote, with Democratic Reps. David Litvack of Salt Lake, Pat Jones of Cottonwood Heights and Duane Bourdeux of Salt Lake voting against it


E-mail: abenson@desnews.com

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