U drops federal gun lawsuit
Concealed weapons permit owners allowed to carry on campus
By: Dustin Gardiner
Issue date: 3/14/07 Section: News
The legal battle over the U's campus gun policy came to an end Monday after the university agreed to drop its federal lawsuit against the state.
Students and staff members are now guaranteed the right to carry concealed firearms on campus with a permit -- the U's long-held former policy banned them from bringing guns on campus.
State law still prohibits non-permit holders from bringing guns onto a college campus.
The decision came two weeks after the Utah Legislature passed a law that would allow students living in the Residence Halls to decide if they will room with a permit holder. The U had agreed to end the federal case while negotiating the law with legislators.
Administrators said that while the law was not the compromise they had hoped for, it is in the school's best interest to drop the suit.
"It is absolutely clear that had we chosen to pursue this case, it would have detoriated our relationship with the Legislature," said Dave Pershing, senior vice president for academic affairs.
Pershing said that keeping the gun debate alive would have likely hurt the U's ability to lobby the Legislature for funding. The Board of Trustees passed a resolution Monday supporting the decision to drop the case.
Kim Wirthlin, associate vice president for government relations, said the issue had "become more of a power struggle between the U and the (state) than about guns" to many lawmakers.
There was also doubt that the U could win the federal case.
John Morris, general counsel for the U, said several recent court decisions have weakened the argument that the First Amendment gives universities the right to govern academic affairs in a way that promotes free discussion and debate -- an argument that the U had relied on before.
"Clearly that didn't make our argument any stronger," Morris said. "The status of that right is not clear."
For some students and faculty, the announcement came as a disappointment.
Students and staff members are now guaranteed the right to carry concealed firearms on campus with a permit -- the U's long-held former policy banned them from bringing guns on campus.
State law still prohibits non-permit holders from bringing guns onto a college campus.
The decision came two weeks after the Utah Legislature passed a law that would allow students living in the Residence Halls to decide if they will room with a permit holder. The U had agreed to end the federal case while negotiating the law with legislators.
Administrators said that while the law was not the compromise they had hoped for, it is in the school's best interest to drop the suit.
"It is absolutely clear that had we chosen to pursue this case, it would have detoriated our relationship with the Legislature," said Dave Pershing, senior vice president for academic affairs.
Pershing said that keeping the gun debate alive would have likely hurt the U's ability to lobby the Legislature for funding. The Board of Trustees passed a resolution Monday supporting the decision to drop the case.
Kim Wirthlin, associate vice president for government relations, said the issue had "become more of a power struggle between the U and the (state) than about guns" to many lawmakers.
There was also doubt that the U could win the federal case.
John Morris, general counsel for the U, said several recent court decisions have weakened the argument that the First Amendment gives universities the right to govern academic affairs in a way that promotes free discussion and debate -- an argument that the U had relied on before.
"Clearly that didn't make our argument any stronger," Morris said. "The status of that right is not clear."
For some students and faculty, the announcement came as a disappointment.
Viewing Comments 1 - 5 of 5
Michael
posted 3/14/07 @ 2:30 AM MST
"Kim Wirthlin, associate vice president for government relations, said the issue had "become more of a power struggle between the U and the (state) than about guns" to many lawmakers. (Continued…)
Second Amendment Students
posted 3/14/07 @ 10:19 AM MST
If you want to join the Second Amendment Students, you can email us at SecondAmendmentStudents@gmail.com
Brent Tenney
posted 3/14/07 @ 10:30 AM MST
Dave Buhler is flat-out wrong. The original draft of SB 251 would have banned guns in properly-posted faculty offices for EVERY CWP holder. That's one of the objections that pro-RKBA groups had with the original SB 251. (Continued…)
LARRY STUART
posted 3/17/07 @ 7:00 AM MST
congrats to the pro 2nd people. i can imagine what need would be for having a gun in a class dorm, but we must protect our rights to every extent there is. (Continued…)
TR
posted 3/23/07 @ 5:12 PM MST
The gun debate aside, I think the a University should have a right to ban guns (my point is about a university's autonomy, not about guns). BYU is allowed to disallow protests. (Continued…)
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