Rocky Mountain News
June 18, 2003
CU's ban on guns upheld
By John J. Sanko
URL: http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2047249,00.html
University of Colorado officials were elated to learn Tuesday they have authority to bar concealed weapons on all their campuses, according to formal opinion issued by Attorney General Ken Salazar.
"That's just great news," said University President Betsy Hoffman. "The regents are a separate body under the constitution, and they felt very strongly they should be able to make their own weapons-control policy."
The governing board of regents asked the attorney general for an opinion after conceal-carry legislation signed by Gov. Bill Owens went into effect May 17.
That law specifically allows the carrying of concealed weapons by permit holders in a number of areas, although guns are barred from airports, public K-through- 12 schools and government buildings with metal detectors.
Unsure of the impact on the CU campus, the regents asked Salazar whether they could continue to enforce their no-gun policy, in effect since 1994.
"Colorado's Constitution and statutes authorize the regents to govern the university's internal affairs," Salazar said in his opinion. "Any statute enacted by the General Assembly must expressly limit the powers of the regents. SB 24 is not such an express statutory command that overrides the weapons control policy enacted by the regents."
The opinion disappointed Rep. Al White, R-Winter Park, chief sponsor of the bill in the House.
"As a public institution, I'm not sure they have or should have the right to tell me I can't carry on their institution if I'm going to visit my daughter or just crossing campus or whatever," White said.
White said he realizes universities have a right to impose restrictions on students with whom they basically have a contract. But he said it goes too far when they dictate that law-abiding citizens cannot carry.
"When the federal government passes a law, that law pre-empts any state law. Why shouldn't our state legislature be able to pre- empt the authority of the regents? I believe our statute did just that."
In issuing the opinion, the attorney general stressed that his findings were limited to the University of Colorado.
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