Results 1 to 11 of 11

Thread: Colorado Court of Appeals - State college gun carry bans may be unlawful - hit poll!

  1. #1
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    UPDATE: Keep hitting this poll at http://www.9news.com

    --

    Though simply reversing a dismissal below and the case goes back to the lower court and continues to be litigated, this opinion is great news for those trying to make state agency preemption arguments against gun carry bans by state agencies like state colleges - in many states, explicit state gun policy preemption language often applies only to localities.

    ---

    Students for Concealed Carry on Campus v. Regents of the University of Colorado

    SNIP



    In this case of first impression, we consider whether the Concealed Carry Act (CCA), sections 18-12-201 to -216, C.R.S. 2009, applies to universities. Because the statute expressly applies to “all areas of the state,” we conclude that plaintiffs have stated a claim for relief under the CCA. We further conclude that plaintiffs have stated a claim for relief under Colorado Constitution article II, section 13, which affords individuals the right to bear arms in self-defense.


    . . .


    Plaintiffs contend the trial court erred in ruling that their complaint failed to state a claim for relief under the CCA. We agree. . . .

  2. #2
    Campaign Veteran since9's Avatar
    Join Date
    Jan 2010
    Location
    Colorado Springs, Colorado, USA
    Posts
    6,787

    Post imported post

    Some quotes from this article: http://www.gazette.com/articles/side...pus-court.html

    "The appeals panel also agreed that the students had a legitimate claim in their arguments that the gun ban violated their right to bear arms under the Colorado Constitution."

    My comment: Yes

    "The handful of students who offered opinions were mostly alarmed by the news, calling the prospect of people walking around with guns “scary” and “dangerous.”

    My comment: I sincerely doubt it was "mostly," unless the reporter surrounded himself with anti-gun nuts in an attempt to push his own narrow point of view.

    “This is supposed to be a safe place,” said freshman Cody Millar, 18"

    My comment: So was Virginia Tech, Cody. That's where I graduated. Look where their on-campus gun ban got them.

    "We’re disappointed,” said Vice, who filed a brief in the lawsuit on behalf of the center. “If guns are permitted on campus, it will pose a serious danger to students and faculty. … There’s certainly no reason to allow loaded semiautomatic weapons on a college campus.”

    My comment: "Certainly?" You mean other than the fact that several school shootings over the last decade could have been deterred or curtailed if students had been allowed to carry, right? Addendum: Dan Vice is an attorney for the Brady Center, so that tells you where he's coming from.
    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.

  3. #3
    Campaign Veteran
    Join Date
    Jan 2010
    Location
    Thornton, Colorado, USA
    Posts
    136

    Post imported post

    And then throw this little tidbit into the mix.....




    WASHINGTON (AP) — A government report finds that targeted violence on college campuses, from serious assaults to the mass shootings at Virginia Tech in 2007, is up sharply over the last two decades.

    The study by the FBI, Secret Service and Education Department found that targeted campus violence is hardly a new phenomenon, citing for example a campus murder-suicide in 1909.

    The incidence of such violence rose from 40 cases in the 1980s to 79 in the 1990s and 83 since 2000.

    The report says the cause for the increase is unknown, though it noted a dramatic rise in college student enrollment in the past 20 years.

    Targeted violence refers to cases where attackers select a specific victim beforehand — as opposed to violence that breaks out spontaneously, such as from an argument.


    http://www.foxnews.com/us/2010/04/16...mpus-violence/

  4. #4
    Regular Member
    Join Date
    Jul 2009
    Location
    , ,
    Posts
    14

    Post imported post

    Check out more news here:

    http://www.9news.com/news/article.as...&catid=339



    Poll on main page! Hit it!

    www.9news.com

    BN

  5. #5
    Regular Member
    Join Date
    Feb 2008
    Location
    , Illinois, USA
    Posts
    85

    Post imported post

    Could this case eventually reaffirm pre-emption in Denver? Or at least set precedent to make way for the dismissal of Denver's unconstitutional ban on OC.

  6. #6
    Regular Member DanM's Avatar
    Join Date
    Jul 2008
    Location
    West Bloomfield, Michigan, USA
    Posts
    1,937

    Post imported post

    Trailmaster wrote:
    Poll on main page! Hit it!

    http://www.9news.com
    Ummm . . . yeah, folks, you need to hit it! Currently, us good guys are at 2,089 votes, anti-gunners are at 2,087. Let's lay the usualsmack-down on 'em.

    I'm a little suspicious of the current poll results, though. Idon'tusually see anywhere near the number of anti-gunner votes on other polls on local media web-sites. I'm a bit suspicious of poll-rigging by an anti-gun web admin.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

  7. #7
    Newbie
    Join Date
    Jun 2006
    Location
    USA
    Posts
    491

    Post imported post




    Thursday, the Colorado Court of Appeals ruled in favor of a group that wants to let CU students with concealed gun permits carry their guns on campus. (Read story) How do you feel about the issue?







    Students with permits should be allowed to carry guns
    3245 Votes



    Guns do not belong on a college campus, even if students have permits
    3018 Votes



    No opinion
    58 Votes

    6321 Total Votes

  8. #8
    Regular Member KansasMustang's Avatar
    Join Date
    Sep 2008
    Location
    Herington, Kansas, USA
    Posts
    1,005

    Post imported post

    Just seems silly to me. 58 people go to the poll, and vote "no opinion" HA! Seems to me if you take the time to answer a poll surely you must have some opinion.
    Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Thomas Jefferson

  9. #9
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    KansasMustang wrote:
    Just seems silly to me. 58 people go to the poll, and vote "no opinion" HA! Seems to me if you take the time to answer a poll surely you must have some opinion.
    Too many of these people go to the polls, and not finding "no opinion," choose to make history.

  10. #10
    Founder's Club Member protias's Avatar
    Join Date
    Dec 2008
    Location
    SE, WI
    Posts
    7,322

    Post imported post

    I do not like permits but I think those who want to carry should be able to carry where and when they please.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  11. #11
    Regular Member
    Join Date
    Sep 2008
    Location
    Port Angeles, Washington, USA
    Posts
    295

    Post imported post

    I knew the Regent's ban was preempted by the passage of shall issue and preemption, even though Ken Salazar wrote an opinion to the contrary. I carried every single day when I was in law school at CU from 09/11 until I graduated three years later. I hoped I wouldn't be the test case. I'm glad these plaintiffs took on this challenge, and I'm glad they have won this stage of the appeal. I wouldn't be surprised, though, if this isn't the last word on the matter from the Colorado courts.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •