U. will file a 2nd lawsuit on weapons ban

The University of Utah will file a second lawsuit to determine the legality of the school's ban on concealed weapons on campus.

The U.'s Board of Trustees on Monday voted unanimously to file the suit in state court sometime this week, possibly as early as today. The university's academic senate last week recommended the same action.

"No one spoke against it, and it wasn't something that was debated," said Fred Esplin, vice president for university relations. "It was discussed and it was agreed that this was something that should be pursued until there is a definitive court decision."

In deciding to refile the case in state court, Esplin said, the university is following a directive from the federal judge who was initially assigned to the case.

U.S. District Judge Dale A. Kimball in March tossed out several claims in the U.'s first lawsuit, ruling he lacked jurisdiction over parts of the case and saying that the issues must be decided by a state court judge.

Key among the university's claims is the argument that the U. has the right to set its own firearms policies even when those policies run contrary to state law.

U. President Bernie Machen filed the federal lawsuit after Utah Attorney General Mark Shurtleff noted that the U.'s 25-year-old internal policy runs contrary to state's concealed weapons law. Shurtleff also remarked that the policy violates a second law, which gives the state Legislature the sole authority to enact gun laws in Utah.

The university's policy prohibits students, faculty and staff from carrying guns on campus, even those who hold a concealed-weapons permit. The policy does not apply to visitors to the school.

Shurtleff welcomed the "friendly lawsuit" when it was filed in March 2002, and a spokesman for the attorney general did so again on Monday upon hearing that the U. planned to revive the case in state court.

"We think it's terrific because it's where the lawsuit should have been in the first place," Paul Murphy said. "We look forward to having the courts offer guidance on what has been a fairly divisive issue."

In Kimball's 39-page ruling, which appears to lean heavily in favor of prohibiting weapons on the university grounds, the judge described the case as a "hotly contested and emotionally charged issue."

Lawmakers in 2002 considered reducing administrative funding of agencies, including universities, whose policies conflict with state law.