U. notches a win in gun-ban battle

The University of Utah won a round Friday in its battle to ban guns on campus.

Third District Judge Robert Hilder ruled from the bench in favor of the campus policy prohibiting firearms after hearing nearly 1 1/2 hours of arguments from lawyers for the U. and the Utah Attorney General's Office.

But the fight likely isn't over.

Utah Attorney General Mark Shurtleff said he'll recommend the state appeal the ruling. And Sen. Mike Waddoups, R-West Jordan, who has led the charge for gun rights, said he expects there will be "additional legislation" to counter the U. policy.

University President Bernie Machen said he is not worried about possible repercussions from the Legislature. "We've had a very amicable relationship with the Legislature and the Attorney General's Office throughout this," he said.

Hilder ruled that the state's gun laws, at least as currently written, "do not reach either the university's relations with its students, faculty or staff or prohibit them from making regulations."

He also cited "the obligation imposed on the university to provide a safe place" and questioned whether the Utah Legislature would pass a law taking away the university's ability to meet that obligation.

But, Hilder said, lawmakers always have the option of doing just that.

His decision grants a judgment sought by the university that neither the concealed weapons law nor the firearms act granting the Legislature sole authority to enact gun laws prevents the campus from enacting the ban.

The university's policy prohibits the 42,000 students, faculty and staff on campus from carrying guns, even if they hold a concealed-weapons permit. The policy, which has remained in force throughout the 17-month court battle, does not apply to campus visitors.

Machen said the policy is necessary to protect the learning environment. "This will be very reassuring to our staff, faculty and students," he said. "We have a 27-year record of being a safe campus."

The attorney general, however, said the issue is not whether there should be guns on campus. "The question is, who has the power to decide," Shurtleff told reporters. "The University of Utah still is a part of Utah and has to obey the laws and rules of Utah."

Those laws, he said, clearly leave that decision up to elected lawmakers, "not the president of the University of Utah, or the trustees. It's not a judge. It's the Legislature. These issues ought to be discussed there."