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UT: Judge favors University of Utah in gun dispute
Josey1
Member Posts: 9,598 ✭✭
Judge favors University of Utah in gun dispute
ccaghokslw
SALT LAKE CITY (AP) - The University of Utah can enforce its ban on guns on campus, a state judge ruled Friday.
The university has long asserted its authority to ban guns toted by holders of concealed-weapons permits. But the school took the issue to court after Utah Attorney General Mark Shurtleff claimed it was violating state law that says only the Legislature can regulate guns.
The university had claimed Shurtleff encouraged students to ignore the campus policy, though Shurtleff denied that.
The university originally filed its lawsuit in federal court, but a judge there ruled that a state court needed to look at issues of state law before federal issues were considered.
The university has said the case has federal implications, chiefly whether academic freedom is protected under the U.S. Constitution. The school has said the presence of firearms in the classroom would severely limit academic freedom.
Shurtleff said he was disappointed by 3rd District Judge Robert K. Hilder's ruling.
''We thought the law was clear and it is our duty to uphold state law,'' Shurtleff said.
Shurtleff cited the law, which reads:
''All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.''
The state has 30 days to appeal the judge's written order, which hasn't been released. Shurtleff said he would recommend appealing the decision but would first consult with Gov. Mike Leavitt and lawmakers.
''As to whether the legislature needs to offer further clarification about the law, that is a policy decision, and I will leave it up to the legislature,'' Shurtleff said.
http://www.trib.com/AP/wire_detail.php?wire_num=167852
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
ccaghokslw
SALT LAKE CITY (AP) - The University of Utah can enforce its ban on guns on campus, a state judge ruled Friday.
The university has long asserted its authority to ban guns toted by holders of concealed-weapons permits. But the school took the issue to court after Utah Attorney General Mark Shurtleff claimed it was violating state law that says only the Legislature can regulate guns.
The university had claimed Shurtleff encouraged students to ignore the campus policy, though Shurtleff denied that.
The university originally filed its lawsuit in federal court, but a judge there ruled that a state court needed to look at issues of state law before federal issues were considered.
The university has said the case has federal implications, chiefly whether academic freedom is protected under the U.S. Constitution. The school has said the presence of firearms in the classroom would severely limit academic freedom.
Shurtleff said he was disappointed by 3rd District Judge Robert K. Hilder's ruling.
''We thought the law was clear and it is our duty to uphold state law,'' Shurtleff said.
Shurtleff cited the law, which reads:
''All authority to regulate firearms shall be reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact or enforce any ordinance, regulation, or rule pertaining to firearms.''
The state has 30 days to appeal the judge's written order, which hasn't been released. Shurtleff said he would recommend appealing the decision but would first consult with Gov. Mike Leavitt and lawmakers.
''As to whether the legislature needs to offer further clarification about the law, that is a policy decision, and I will leave it up to the legislature,'' Shurtleff said.
http://www.trib.com/AP/wire_detail.php?wire_num=167852
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>