Jun 292010
 
Authors: Kirsten Silveira

CSU officials say the university will hang tight and maintain the status quo on its gun policies while CU-Boulder fights for its gun ban in the courtroom.

The CSU System Board of Governors repealed its controversial gun ban in early May following a pending lawsuit and a Colorado Court of Appeals ruling that determined a similar ban implemented at CU was a violation of the Colorado Concealed Carry Act.

The Colorado Concealed Carry Act calls for the allowance of concealed carry unless otherwise regulated by federal law or on K-12 school property. The court ruling also extended the act to exclude local governments from adopting and implementing policies that contradict it.
After the announcement of the ruling, CSU officials said campus presidents would go back to the drawing board and construct laws that fell in line with state law.

But Ken McConnellogue, spokesman for the CU Board of Regents, said the governing board voted 5-4 to appeal the ruling. The university’s deadline to file to the Colorado Supreme Court is today.

While CU fights for the right to ban guns on its campus, with the support of its student government, CSU will wait on the courts decision, said BOG spokeswoman Michele McKinney.

“We’re just going to be monitoring it and stick with the status quo,” McKinney said, adding that the board has yet to discuss the future of a gun ban at CSU. If the BOG hadn’t repealed CSU’s ban, it would have gone into affect Aug. 1.

The Regents’ suit comes on the heels of a U.S. Supreme Court ruling that struck down a Chicago firearm ban that casts state and local gun laws into question.

According to McClatchy-Tribune wire service, the U.S. Supreme Court ruled that Chicago’s long-standing gun ban violated an individual’s right to own firearms, enshrined in the Second Amendment. The ruling marks the first time the court has determined that the Constitution restricts state and municipal gun-control powers.

McConnellogue said the CU ban and the recent ruling has no impact on their lawsuit because the decision didn’t include “reasonable regulation,” which is described as the banning of guns from places like K-12 schools.

McConnellogue said it’s hard to say whether CU succeed in court, where the Regents will maintain that, under the Colorado Constitution, they have the authority to ban weapons from campus.

_The McClatchy-Tribune wire service contributed to this report.

Assistant News Editor Kirsten Silveira can be reached at news@collegian.com._

More about the Colorado Concealed Carry Act:

Concealed weapons must be permitted in all public places, unless otherwise regulated by federal law. K-12 campuses are considered gun-free zones.

If a public area chooses to prohibit guns, it must adhere to the following:
Weapons screening for every person entering the building where concealed carry is banned.
Requiring security personnel to hold all weapons of valid permit holders.

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