Univ. of CO Regents vote 5-4 to appeal.

This is a discussion on Univ. of CO Regents vote 5-4 to appeal. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I just got back to my desk after listening to the CU Regents take a vote on whether or not to appeal the lower court ...

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Thread: Univ. of CO Regents vote 5-4 to appeal.

  1. #1
    Member Array luv_jeeps's Avatar
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    Univ. of CO Regents vote 5-4 to appeal.

    I just got back to my desk after listening to the CU Regents take a vote on whether or not to appeal the lower court ruling that stated CU had to follow state law on CCW on campus.
    They voted 5-4 to appeal to the Colorado Supreme Court.......

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  3. #2
    Member Array MikeFontenot's Avatar
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    Too bad.

    What were your impressions of the public comment period?

    Mike Fontenot

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    Member Array luv_jeeps's Avatar
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    Quote Originally Posted by MikeFontenot View Post
    Too bad.

    What were your impressions of the public comment period?

    Mike Fontenot
    There were (I believe) 5 people that commented.
    First person was a professor that wanted to keep the ban in place and stated that allowing it would put his students in danger.

    Next up was a nominal professor (not sure what that is) that stated most undergraduate students wouldn't qualify for a permit anyway, then talked about all the hoops we go through to obtain our permits and how we are all very law abiding people.

    Next was some lady named Terri Cook who rambled about her parents being mudered by some (her language) crazy uncle that had
    schizophrenia and that guns on campus were a bad idea.

    Next was Jesse Wallace who is a Lib. candidate who's running for a Regent spot. Stated that State law was very clear when it said "all areas of the state". Told them to read the Constitution and follow the law. Do not appeal and use taxpayer money.

    Last was Luke (didn't get last name)
    He's a grad student and told them not to appeal. He agrees with the lower court ruling and that criminals and crazy people don't care about the laws.

    There were 7 regents at the meeting and 2 on the phone.
    I didn't get all the Regents names, as I was typing on my iPad as fast as I could, but the vote has to be a matter of public record, so I am sure it will be posted somewhere.

    What bothers me (personally) is that they held the meeting at 4001 Discovery Drive which is a building that while not owned by CU, sits on the campus of CU. The company I work for has office space there, and in the building next door, 3665 Discovery Drive....which is also not owned by CU, but sits on the CU campus.
    I have to sometimes come into work at Oh Dark Hundred to fix broken stuff so this is a hot issue for me.

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    Member Array MikeFontenot's Avatar
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    Thanks for that summary.

    The story has finally appeared on the Camera's website. They report that the vote was 5 to appeal, 4 not to appeal. One of the Republicans (Tillie Bishop) joined with the Democrats to vote for appeal. In addition, the Camera said that President Bruce Benson had told the regents that he supports concealed carry, but not on the CU campus.

    Anyone know enough about the Colorado Supreme Court to venture a guess on the outcome of the appeal?

    Mike Fontenot

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    Member Array luv_jeeps's Avatar
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    Quote Originally Posted by MikeFontenot View Post
    Thanks for that summary.

    The story has finally appeared on the Camera's website. They report that the vote was 5 to appeal, 4 not to appeal. One of the Republicans (Tillie Bishop) joined with the Democrats to vote for appeal. In addition, the Camera said that President Bruce Benson had told the regents that he supports concealed carry, but not on the CU campus.

    Anyone know enough about the Colorado Supreme Court to venture a guess on the outcome of the appeal?

    Mike Fontenot
    Not real sure on the outcome, but I do know that the Regents had closed door meetings with their attorneys last night before the session today.
    I know that Chief Justice Mullarkey and Justices Martinez and Hobbs all voted to allow Denver to make the bans they did after the CCW bill passed in 2003 and the subsequent lawsuit filed by Denver against the State in 2004.
    Justices Bender, Rice and Coats dissented, with Justice Eid recusing themselves.

    All the Justices listed above are still on the bench after a 'term vote' back in 2008 for Eid and Hobbs, who easily remained.
    I am still digging around for more information on their past voting records.

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    Member Array MikeFontenot's Avatar
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    Thanks again for taking the time to provide that info.

    Mike Fontenot

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    Something to remember next time they whine about how broke they are and want more taxpayer dollars. The money they squander on an appeal could have been better spent!
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    Regents will appeal CU gun ban ruling to state Supreme Court - The Denver Post

    Regents will appeal CU gun ban ruling to state Supreme Court
    By Colleen O'Connor
    The Denver Post

    Posted: 06/25/2010 11:30:05 AM MDT
    Updated: 06/25/2010 12:16:38 PM MDT


    BOULDER The University of Colorado Board of Regents this morning voted to appeal a lower court decision that said the school violated state law with its campus ban of concealed weapons.

    The panel voted 5-4 to appeal following a debate that focused as much on university autonomy as it did on gun policy.

    "Yes, it's about board autonomy but the underlying issue (of concealed weapons) can't be ignored," said Regent Stephen Ludwig. "The idea of introducing someone with a gun in a dorm room... we know students experiment with sex, drugs, and alcohol, and adding firearms into that mix is a horrifically bad idea. So I continue to support the ban."

    In its April 15 ruling, the appeals court said CU had violated the state's Concealed Carry Act, which allows those in possession of a concealed-carry permit to carry a firearm in any public place in Colorado, except for K-12 schools and a few other federal and public buildings.

    CU banned guns in 1970 but allowed students to keep weapons in campus police lockers. After the Concealed Carry Act was passed in 2003, the CU regents asked then-Attorney General Ken Salazar whether the act applied to CU. Salazar ruled it did not.

    The CU ban went unchallenged until December 2008, when the lawsuit was filed in the wake of the fatal Virginia Tech shootings.

    University President Bruce Benson, who has no vote on the board, said he has been a gun owner since he was 5 years old and supports the idea of citizens being able to carry concealed weapons. However, he said, "I do not believe we should have any kind of weapons on campus, and I'm urging Regents to appeal this case."

    University physics Prof. Noah Finkelstein presented a letter signed by more than 70 faculty members requesting that the Regents pursue the case through the courts and maintain the gun ban on campus.

    "I'm concerned that lifting than ban on concealed weapons puts my student in jeopardy," he said. "I'm not comfortable teaching in such an environment."

    There also seems to be student support for maintaining the campus gun ban. Last night, the University of Colorado Student Government voted 9-8 to reject an advisory bill that would have encouraged the Regents to let the court decision allowing concealed weapons to stand.

    The vote was intended as a message to school administrators. CUSG lacks the authority to change the campus weapons policy.
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    Member Array BurgDog's Avatar
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    Given the current makeup of the Colorado Supreme court, I expect the appeal to succeed. If there is ANY possible way to construe the language of the law to say something other than what a normal rational reading of what the law says they will find a way.

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    VIP Member Array Sticks's Avatar
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    I know I should look into this some more, but if I understand the law correctly, the"Gun Free" zones in Colorado do not have the weight of the law behind them, as they are not listed in the off limits places in the Colorado Revised Statutes.

    Ergo, if you are a student and get caught, all they can do is expel you. If you are an employee, they can terminate you. If you happen to work in a building not owned by CU, but is on CU campus, your employer has no direct ties to CU, and you get caught, then it becomes a matter between you and your employer. No criminal charges can be applied.

    I get nervous about talk of editing the law for clarification. Usually that means it is more restrictive. I want it less restrictive.
    Sticks

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    Senior Member Array rmodel65's Avatar
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    they are gonna end up like Utah and be forced to allow carry by thier state supreme court
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    Quote Originally Posted by rmodel65 View Post
    they are gonna end up like Utah and be forced to allow carry by thier state supreme court
    Hopefully, this will be the regents' last attempt at disarming victims.
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    Member Array Albee4ty5's Avatar
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    Amen to that.
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    Member Array mashir's Avatar
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    Thanks to all for research and support of the dissenting Regents. I composed some emails Thursday and hope they were actually read.

    I will be starting a grad program at UCHSC in August, and I hope to be able to carry, or at least have the option. Waiting on my permit in Weld Co., on day 18 today

    Please, all, let me know if there is any need for further grassroots support, on this or other pro 2a issues in CO. I recently moved back, and I'd love to get involved and volunteer, etc.

  16. #15
    Senior Member Array rljohns's Avatar
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    The Colorado Revised Statues are very clear. The problem is that CU wants to act like Denver and claim "Home Rule" status. That was supported by Ken Salazar when he was the attorney general of Colorado. CU's claim is that they can violate state law because they know what is "best for CU". They could ban carry on campus by placing metal detectors at each entrance of each building they wish to limit carry. This was written into the CRS because they felt that citizens had the right to be protected by searching everyone or not being able to limit carry by signage alone.

    Signs bear no weight in CO. You would only be expelled or terminated. Most likely warned the first time if you were a student since they would like to keep your $$$ coming.

    I thought I heard that the entire CU system changed the policy and allowed CCW as per state law and CU-Boulder was the lone hold out. I'm sure I read that CU-Denver had changed their policy.

    BTW, I don't believe this has any effect on private universities such as DU and Regis.I believe both of their policies is that it is OK locked in your auto but no carry. None of the buildings I have been in at either university was posted.

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