From Deseret News archives:

U. gun ban shot down

But university vows to continue its court fight

Published: Monday, Sept. 11, 2006 10:56 a.m. MDT
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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.

"The record in this case contains extensive evidence ... that a no-weapons-on-campus policy is necessary to the educational enterprise," she said. "I therefore conclude that the university's policies governing students, faculty and staff are within its authority to govern academic affairs."

The ruling impacts all facets of public campuses. The University of Utah alone has more than 44,000 students, faculty and staff members, as well as a preschool. The ruling also impacts the U.'s 46,000-seat Rice-Eccles Stadium and 15,000-seat indoor arena. Assistant Attorney General Brent Burnett said if university officials have concerns about event security, that will also have to be taken up with the Legislature.

"This (no-guns-on-campus) policy remains in force, as it has since 1977," university president Young said Friday during an on-campus news conference that coincided with Shurtleff's press event at the state Capitol.

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Young said he was "disappointed" at the state high court's decision and vowed that university officials would review it carefully. But Young was clear: Until the court battles are done, the university will stick with its no-guns-on-campus position.

Young said federal constitutional issues have yet to be resolved in this case. He referred to the capabilities a university has to control its academic environment and preserve the "safety and sanctity" of academic freedom and intellectual dialogue, as well as ensure the safety of students — which he said was the primary consideration.

"Our only goal from the beginning has been to keep our students safe," Young said. "Universities across the country uniformly prohibit guns on campus."

The university filed its federal lawsuit in 2002, challenging Shurtleff's legal opinion that the school did not have the legal autonomy to be contrary to state law.

U.S. District Judge Dale Kimball held the suit, saying the issue first had to be reviewed by the state courts. Given the state Supreme Court ruling, Young said the school intends to notify Kimball. "The federal case — our primary case — continues," Young said.

Young has the unanimous support of the university's Board of Trustees, according to its president, James L. Macfarlane, who was at the university press conference.

"It's not as though we are opposed to guns," Young said, noting that the school's pistol team won a national award. "The university's concern throughout this dispute has been to maintain our campus as a safe learning environment where students and faculty can do their work without a threat to their safety and well-being."

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Image

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

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