U. gun ban shot down

But university vows to continue its court fight

Published: Monday, Sept. 11, 2006 10:56 a.m. MDT
 |  E-MAIL | PRINT | FONT + - 
University of Utah officials are not calling it a legal Alamo, but the showdown over the U.'s policy banning guns on campus will continue in federal court.

In a 4-to-1 ruling issued Friday, the Utah Supreme Court found that the U.'s policy banning guns violates state law. Specifically, the majority of justices found that a university, although granted some autonomy under the Utah Constitution, cannot create policies that are contrary to state law.

Utah Attorney General Mark Shurtleff joined legislative leaders Friday in lauding the decision. Shurtleff said the case was not about guns but more about control. "Although people think this case has been all about guns, it's really been about the rule of law and who sets the law and who has to obey the law. The message this decision sends today to everyone is that no one is above the law," Shurtleff said.

Meanwhile, the university's president, Michael K. Young, insists the battle will go on in federal court and vowed that the school's no-guns policy will stay in place.

Shurtleff, for his part, said the university will be in violation of state law if it does not comply. He said if officials have a problem with gun laws, they need to take it to the Legislature.

Story continues below

"If you disagree with state law, then go to the state Legislature and change it. That's how our system works," Shurtleff said. "I hope the University of Utah will do that."

However, leaders at the Legislature have been left with some sore feelings over a legal battle that dates back to 2001. Utah Senate President John Valentine said the ruling Friday "affirms that government by the people, through their elected representatives, is the law of the land. There is really no room for independent islands of authority within state government."

State Senate Majority Leader Peter Knudson added, "On behalf of the Legislature, we welcome dialogue with all universities and colleges in our state. We're open to dialogue with them, but I think with this decision today, there aren't many who will find a soft spot in the Legislature."

The fight has been over who really calls the shots on public campuses. For several years, the University of Utah has had a policy banning firearms on campus, citing the preservation of an academic environment free from intimidation.

In the majority decision, Justice Jill Parrish wrote, "The attorney general maintains that the university has no power or autonomy under the constitution that would permit it to disregard state law. We agree with the attorney general."

The lone dissenter, Chief Justice Christine Durham, withheld judgment on whether the university's gun ban was constitutional or not, but Durham wrote that Utah's constitution gave the U. the right to do what is necessary to provide a safe academic environment for its students.

Recent comments

Yea, thou I walk through the valley of the shaddow of death, I will...

Concealed weapons permit | April 26, 2009 at 6:08 p.m.

I am a student at the U of U and think this whole debate is simply...

Nick Johnson | April 26, 2009 at 5:21 p.m.

Image
August Miller, Deseret Morning News

U. President Michael K. Young, holding a target, says the university's no-guns policy will stay in place for now.

previousnext

Latest comments

Aggies go 6-5 Beat BYU yes that is what I said. Give Utah a good game.

Fesenko really hurt himself and his team by not showing up in the Orlando...

If you read the article closely you will see it says the officers hand got...

Obama controls all

To "Colin Powell is right on | 10:50 a.m." as long as we are going to use...

Thomas would be a very welcome addition. Free up room to sign Milsap longer...

What school did he teach at?

And pick up a little coin while we can? Really, how hard is he going to...

We need term limits for all Senators, they are a largely corrupt group and...

Oh, the big guys promoting this farce is actually calling it "Climate...

Advertisements