From Deseret News archives:
House reaffirms stance on gun bans
On a 59-14 vote, the House passed SB48, which now goes to Gov. Olene Walker.
If she signs it or allows it to go into law, the bill will serve to remind state colleges, universities and other public schools that only lawmakers can ban concealed weapons permit holders from carrying their guns on campuses.
Sponsored by Sen. Mike Waddoups, R-Taylorsville, the bill's primary target was the University of Utah, which for 30 years had banned its students, staff and faculty from packing heat.
The U. sued the state over the issue, after Utah Attorney General Mark Shurtleff said in a court brief that the school ran afoul of the state's 1996 concealed-carry weapons permit laws, which allows the state's 57,000-plus permit holders to carry their weapons almost without restriction.
Last year, 3rd District Court Judge Robert Hilder sided with the U. Shurtleff has appealed to the Utah Supreme Court but has also said the appeal will be dropped if SB48 is signed into law.
On Thursday, Rep. Sheryl Allen, R-Bountiful, attempted to amend the bill and restore a provision that she said would clarify the rights of private property owners to keep guns out their homes or businesses. The amendment had been batted in and out of the bill in committee hearings and during the Senate floor debate.
"Just as one of the major churches in the state has tried to put some restrictions on their property, we should all have the right to do that," said Allen, making reference to The Church of Jesus Christ of Latter-day Saints and its fight to ban some behaviors from the Main Street Plaza.
"It's imperative this language be in the bill," Allen said.
House members rejected Allen's amendment, saying existing law covered that concern.
U. officials said Thursday they are ready to comply with an amended law, but no one is buckling, yet.
"Even if this bill does become law, there still remains the state constitutional issue, which hasn't yet been heard," said Fred Esplin, U. vice president for university relations.
Because there is still an appeal before the Supreme Court, Esplin said the U. has no visions of another court case based on Waddoups' bill.
"It's always been our belief that we have been obeying the law and whatever the law is we will obey it," he said. "Our hope would be to keep guns out of the dorms, classrooms and library."
Under the current law, the concealed weapons permit holders can carry weapons without restriction anywhere but airports, courthouses, jails and prisons. Churches are also exempted from concealed-carry law, but only if their gun-ban policies are made public through verbal or printed communications, posted signs on their houses of worship or on the Utah Bureau of Criminal Identification Web site.
Contributing: Stephen Speckman
E-mail: jdobner@desnews.com
