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Thread: Campus carry

  1. #1
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    This is good, right? My legalese translator is on the fritz.

    http://volokh.com/2010/04/15/major-l...rry-on-campus/

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    mahkagari wrote:
    This is good, right? My legalese translator is on the fritz.

    http://volokh.com/2010/04/15/major-l...rry-on-campus/
    This is VERY good news. One of the judges was quoted as saying that the CO legislature knew what they were doing when they didn't explicitly add colleges and universities from the no carry places.

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    luv_jeeps wrote:
    mahkagari wrote:
    This is good, right? My legalese translator is on the fritz.

    http://volokh.com/2010/04/15/major-l...rry-on-campus/
    This is VERY good news. One of the judges was quoted as saying that the CO legislature knew what they were doing when they didn't explicitly add colleges and universities from the no carry places.
    Exactly; the panel of judges pointed out that the legislature included NO Legal Standing for a University to ban the carry of a concealed handgun. This is in support of 2A RTKBA. The case isn't closed, but now there is literally NO legal authority or precedent to criminally prosecute a CHP holder whom is carrying concealed on campus. Remember the last brief about our beloved Sheriff taking the pro 2A stance? He's most likely got a grin ear to ear.

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    I'm not clear about the jurisdiction of the court. Does this answer the CSU question as well?

  5. #5
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    You can read the entire written appeal document here:



    http://www.lawweekonline.com/2010/04...ampus-gun-ban/



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    mahkagari wrote:
    I'm not clear about the jurisdiction of the court. Does this answer the CSU question as well?
    IANAL, but this would.....at the end of the day have an additional effect on the CSU ban as well. Time will tell for sure.

  7. #7
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    luv_jeeps wrote:
    mahkagari wrote:
    I'm not clear about the jurisdiction of the court. Does this answer the CSU question as well?
    IANAL, but this would.....at the end of the day have an additional effect on the CSU ban as well. Time will tell for sure.
    Well here is a quote from the article; the closing statement.

    “I think CU’s chances of winning on appeal are slim,” Manley said. “The Colorado Court of Appeals rejected all of CU’s arguments. The opinion is very well-reasoned and supported by precedent and sound interpretation of the Concealed Carry Act and the Colorado Constitution.”

    That's the nail in the coffin. Why I said the case isn't shut is because the University MAY Legally still appeal to the Supreme Court (Colorado).

    In other words- unless you're banking on the Supreme Court reversing the above decision- it's already a done deal.

    The Colorado Supreme Court will not reverse this decision to allow the challenge to go through; there will be a victory for the Plaintiff. It's painfully obvious to the University staff now.

    This is the Triumph right here;

    The statute’s plain language applies to ‘all areas of the state’ and does not specify public universities in its list of exceptions,” Hawthorne wrote. “Had the legislature intended to exempt universities, it knew how to do so.”



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    cscitney87 wrote:
    The statute’s plain language applies to ‘all areas of the state’ and does not specify public universities in its list of exceptions,” Hawthorne wrote. “Had the legislature intended to exempt universities, it knew how to do so.”
    *sniff* Today is a beautiful day.

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    Here's the Gazette's take on it, while I found ridiculously Brady-ish given their previous support of OC/CC issues: http://www.gazette.com/articles/side...pus-court.html

    At least the comments are mostly good.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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