Mike
Site Co-Founder
imported post
UPDATE: Keep hitting this poll at http://www.9news.com
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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.
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Students for Concealed Carry on Campus v. Regents of the University of Colorado
SNIP
[align=left]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.[/align]
[align=left]. . . [/align]
[align=left]Plaintiffs contend the trial court erred in ruling that their complaint failed to state a claim for relief under the CCA. We agree. . . . [/align]
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
[align=left]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.[/align]
[align=left]. . . [/align]
[align=left]Plaintiffs contend the trial court erred in ruling that their complaint failed to state a claim for relief under the CCA. We agree. . . . [/align]