Desertdog
October 20, 2003, 09:48 AM
Near the bottom of the article the truth comes out,
"We stand by our policy that guns don't belong in schools, churches and private homes," Doxey said.
Shurtleff appeals court ruling upholding U.'s gun ban
http://www.sltrib.com/2003/Oct/10182003/utah/103117.asp
By Kirsten Stewart
The Salt Lake Tribune
Utah Attorney General Mark Shurtleff is appealing a state judge's recent ruling upholding the University of Utah's 27-year-old campus gun ban.
But the notice of appeal, filed Thursday at the Utah Supreme Court, is little more than a formality at this stage.
"I disagree with the judge's opinion," Shurtleff said. "But the issue might become moot. If the Legislature changes the law, I'll pull the appeal."
Shurtleff has argued that the Legislature explicitly reserved for itself the sole authority to make gun rules.
But in August, 3rd District Judge Robert Hilder held that the Legislature's concealed weapon law and firearms act were not meant to prohibit the U. from making its own gun policies. He reasoned that because those statutes were written to stop counties and cities from adopting conflicting gun rules, they "do not reach either the university's relations with its students, faculty or staff, or prohibit them from making regulations."
Senate Majority Leader Michael Waddoups will sponsor legislation next year clarifying that gun rules are the Legislature's domain, not the university's.
The Taylorsville Republican said the measure would stop "all state entities," including public colleges and schools, from making gun regulations. It also would carry penalties for institutions that violate the law.
Shurtleff's appeal comes at the issue from another angle, targeting Hilder's finding that the U.'s policy does not invalidate concealed-weapon permits. Under Utah law, concealed-weapon permit holders can carry their firearms "without restriction" except in a large airport, prisons, jails and courtrooms.
Meanwhile, gun-control advocates are readying for what has become nearly an annual Capitol showdown over guns. They are mustering support for another bill to outlaw weapons in all schools and believe Republican lawmakers may finally buckle under the weight of public opinion polls showing that 70 percent of Utahns want schools to be gun-free zones.
Marla Kennedy, executive director of the Gun Violence Prevention Center of Utah, criticizes Shurtleff, a Republican up for re-election in 2004, for ignoring public opinion and pushing the gun issue without Republican Gov. Mike Leavitt's backing.
"He's clearly pushing his own agenda," Kennedy said.
Under Utah law, the attorney general must "fully advise" the governor before taking a civil enforcement action on behalf of the state, entering into a settlement or appealing.
Gary Doxey, Leavitt's legal counsel, said Friday that he had been personally made aware of Shurtleff's appeal.
But, he said, "When this suit was first filed it was our understanding that this was between the AG and the U. as a means of resolving a standoff. The appeal is simply an extension of that legal resolution."
As for Leavitt's standing on guns, Doxey said it hasn't changed.
"We stand by our policy that guns don't belong in schools, churches and private homes," Doxey said. But "we didn't take a legal position on the initial filing of the lawsuit, nor do we have a position on the appeal."
Shurtleff said he assumed that Leavitt's office had been told of the appeal. And he bristled at being labeled pro-gun.
"This has nothing to do with guns. This has to do with state law and who makes the law and whether any segment of our society, a person, or an institution is above the law," he said.
kstewart@sltrib.com
"We stand by our policy that guns don't belong in schools, churches and private homes," Doxey said.
Shurtleff appeals court ruling upholding U.'s gun ban
http://www.sltrib.com/2003/Oct/10182003/utah/103117.asp
By Kirsten Stewart
The Salt Lake Tribune
Utah Attorney General Mark Shurtleff is appealing a state judge's recent ruling upholding the University of Utah's 27-year-old campus gun ban.
But the notice of appeal, filed Thursday at the Utah Supreme Court, is little more than a formality at this stage.
"I disagree with the judge's opinion," Shurtleff said. "But the issue might become moot. If the Legislature changes the law, I'll pull the appeal."
Shurtleff has argued that the Legislature explicitly reserved for itself the sole authority to make gun rules.
But in August, 3rd District Judge Robert Hilder held that the Legislature's concealed weapon law and firearms act were not meant to prohibit the U. from making its own gun policies. He reasoned that because those statutes were written to stop counties and cities from adopting conflicting gun rules, they "do not reach either the university's relations with its students, faculty or staff, or prohibit them from making regulations."
Senate Majority Leader Michael Waddoups will sponsor legislation next year clarifying that gun rules are the Legislature's domain, not the university's.
The Taylorsville Republican said the measure would stop "all state entities," including public colleges and schools, from making gun regulations. It also would carry penalties for institutions that violate the law.
Shurtleff's appeal comes at the issue from another angle, targeting Hilder's finding that the U.'s policy does not invalidate concealed-weapon permits. Under Utah law, concealed-weapon permit holders can carry their firearms "without restriction" except in a large airport, prisons, jails and courtrooms.
Meanwhile, gun-control advocates are readying for what has become nearly an annual Capitol showdown over guns. They are mustering support for another bill to outlaw weapons in all schools and believe Republican lawmakers may finally buckle under the weight of public opinion polls showing that 70 percent of Utahns want schools to be gun-free zones.
Marla Kennedy, executive director of the Gun Violence Prevention Center of Utah, criticizes Shurtleff, a Republican up for re-election in 2004, for ignoring public opinion and pushing the gun issue without Republican Gov. Mike Leavitt's backing.
"He's clearly pushing his own agenda," Kennedy said.
Under Utah law, the attorney general must "fully advise" the governor before taking a civil enforcement action on behalf of the state, entering into a settlement or appealing.
Gary Doxey, Leavitt's legal counsel, said Friday that he had been personally made aware of Shurtleff's appeal.
But, he said, "When this suit was first filed it was our understanding that this was between the AG and the U. as a means of resolving a standoff. The appeal is simply an extension of that legal resolution."
As for Leavitt's standing on guns, Doxey said it hasn't changed.
"We stand by our policy that guns don't belong in schools, churches and private homes," Doxey said. But "we didn't take a legal position on the initial filing of the lawsuit, nor do we have a position on the appeal."
Shurtleff said he assumed that Leavitt's office had been told of the appeal. And he bristled at being labeled pro-gun.
"This has nothing to do with guns. This has to do with state law and who makes the law and whether any segment of our society, a person, or an institution is above the law," he said.
kstewart@sltrib.com
