Committee approves gun bill

Measure clarifies only lawmakers can issue a ban

Published: Saturday, Feb. 7 2004 12:00 a.m. MST

Sen. Mike Waddoups on Friday explained his bill in what he called "plain language."

Only the state Legislature can set policy regarding guns on public property, including the state's public schools.

"This was the intent of the Legislature when it was passed," Waddoups, R-Taylorsville, said, referencing the 1996 legislation that gives concealed weapons permit holders the right to carry their weapons anywhere in the state, except in secure areas designated by lawmakers or on private property.

"The universities are public property, schools are public property," Waddoups told the Senate Judiciary and Law Enforcement Committee.

SB48 would clarify the earlier law as it relates to public schools and institutions of higher education because a 3rd District Court judge ruled last August that a long-standing gun ban at University of Utah essentially trumps state law.

Friday morning, the State Board of Regents and representatives of the System of Higher Education requested via letter that lawmakers abdicate their authority on the issue to the state's 10 public colleges and universities.

The bill, however, passed on a 4-1 vote and will continue through the legislative process. Sen. Patrice Arent, D-South Cottonwood, cast the only nay.

E. George Mantes, a former legislator and current regents' vice chairman, asked the committee to designate colleges and universities as safe havens or sanctuaries similar to religious institutions. U. trustee and former Utah congressman Jake Garn said he supports the concealed-carry law, but thinks the Legislature should let schools set their own policies.

Members of the Utah Shooting Sports Council and the Utah Self-defense Instructors Network reminded lawmakers of the individual's right to self-protection.

"This law will only affect those people who are already obeying the law, and we gain nothing with this law," said Clark Aposhian, the network's chairman. "Right now, for students staff and faculty, they must weigh the possibility of being expelled or fired versus the ability to defend themselves against attack."

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