From Deseret News archives:

Legislative attorneys to weigh in on U. gun ban

Published: Tuesday, Sept. 14, 2004 9:45 p.m. MDT
 |  E-MAIL | PRINT | FONT + - 
Accepting an invitation from the Utah Supreme Court to weigh in on the issue of banning guns at the University of Utah, attorneys for the Legislature plan to file a friend of the court brief on the controversial issue.

The Legislative Management Committee voted unanimously Tuesday to direct legislative attorneys to file a brief on two key legal issues in the case: the constitutional right to bear arms and the U.'s claim that it is autonomous from legislative control.

Although the committee is split along party lines over the issue of guns of college campuses, House Speaker Marty Stephens, R-Farr West, said he believes the brief will express the view of the majority of the GOP-dominated Legislature, when it passed a bill this year clarifying that the University of Utah must recognize gun laws passed by the Legislature.

The bill came in response to a 3rd District Court ruling last year that found the U. had a right to ban weapons on campus. The university and the state agreed to the "friendly" lawsuit over whether the U.'s 25-year-old internal policy prohibiting firearms on campus violates the state's concealed weapons law and firearms acts, which Attorney General Mark Shurtleff contends grant the Utah Legislature sole authority to enact gun laws.

Story continues below
Shurtleff's appeal focuses on a narrow issue arising out of 3rd District Judge Robert Hilder's ruling — that the U.'s policy does not invalidate concealed-weapons permits, it just does not allow the weapons themselves to be carried on campus.

Although Democratic committee members also voted to send the brief, they believe the issue will eventually be fought in federal court.

"My view is guns don't belong on campus," said Rep. Patricia Jones, D-Cottonwood Heights, who added she personally believes the U. should also have autonomy from the Legislature.

In arguments before the Utah Supreme Court last month, attorneys for the U. said under Utah's territorial law, the university was granted autonomy from the Legislature in an effort to craft policies to encourage academic freedom. U. attorney Alan Sullivan said allowing guns on campus would chill the atmosphere of academic freedom.

And granting the Legislature control of the university could also have far-reaching academic implications, he argued.

Deputy attorney general Brent Burnett argued that Utah's constitution does not grant the U. special autonomy from legislative control and that the U. should be treated like any state-funded agency and be subject to Utah law.

Legislative general counsel Gay Taylor told committee members Tuesday that her office had received a letter from the high court, which has yet to rule of the case, for the Legislature's take on the issues of the right to bear arms and academic autonomy.

Taylor told the committee that there was a 1956 case before the state Supreme Court that established that the U. was subject to the laws of the Legislature.

The Legislature's brief is expected to be filed in the coming weeks.


E-mail: gfattah@desnews.com

Comments

You can be the first to comment on this story.

previousnext

Latest comments

No, students are NOT safe from predators. If a parent wants to make sure...

If you really think Mormon's are mainstream, you must not have paid attention...

I don't see the schools presidents voting to get rid of WYM or NM, even...

Big games keep UHSAA coffers full

why people complain about how football is covered by the media too much. when...

A little perspective is not a bad thing. Notice the Cougar's won loss record...

I actually was encouraged by some aspects of the game. Any Utah fan who has...

A story about Mormons as minorities? In this paper? Get over the "victim"...

she was an awesome woman someone i looked up to when i was younger she was...

Relieved Cougs prep for Falcons

Wow you just made one of the dumbest comments I've heard yet. Fire Bronco????...

Photos: A Royal welcome home

Re: Huh?, You like many other haters are probably oblivious to many obvious...

Advertisements
Advertisement