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Sep 8, 2006 4:18 pm US/Mountain
Supreme Court Says Univ. Of Utah Can't Ban Guns
SALT LAKE CITY The Utah Supreme Court on Friday struck down a ban on guns at the University of Utah, saying campus officials cannot adopt a policy that runs counter to state law.
The university will not immediately lift its ban, pending consideration of the matter in federal court, said President Michael Young said.
Students, faculty and staff have been subject to the university's ban on carrying guns since the 1970s. Those who violate the rule can be expelled from school, although university officials said that has never happened. Young said the school's interest is in keeping students safe.
"As we review this, the policy will remain in place," he said.
In the state court, the university argued that it had autonomous authority under the state Constitution.
"The university's claim is unsupported by the text of our state's Constitution, its historical context or the prior decision of this court," the Supreme Court said in a 4-1 ruling.
"The university is subject to Utah law prohibiting it from enacting or enforcing any policy restricting the possession or use of firearms," the court said.
Utah law prevents state and local agencies from restricting possession or use of firearms on public or private property.
The university sued Attorney General Mark Shurtleff, first in U.S. District Court in 2002 and then in 3rd District Court in 2003, after he said the law applied to the school. The federal court told the university to get the state issues resolved in 3rd District Court first and then return to federal court.
In 2004, the Legislature amended the law to specifically include "state institutions of higher learning," among other things.
"We hope that, following review of this case in federal court, the issue will be resolved to uphold our long-standing policy of keeping firearms off campus," Young said. "The university's concern throughout this dispute has been to maintain our campus as a safe learning environment where students and faculty can do their work without a threat to their safety and well-being."
Chief Justice Christine Durham was the only dissenter on the high court Friday.
"The record in this case contains extensive evidence ... that a no-weapons-on-campus policy is necessary to the educational enterprise," she said. "I therefore conclude that the university's policies governing students, faculty and staff are within its authority to govern academic affairs."
Young said the university has students of varying maturity levels and that keeping guns off campus eliminates an intimidation tool that some might use. He said he's unaware of any student telling a university official that a gun was needed for protection against a stalker or other reasons.
In a statement, Shurtleff called the decision a "victory for the rule of law." He suggested university officials could talk to lawmakers if they want an exception.
The decision "reaffirms that government by the people, through their elected representatives, is the law of the land," Utah Senate President John Valentine, R-Orem, said.
"There is really no room for independent islands of authority within state government," he said.
The University of Utah in Salt Lake City has more than 44,000 students, faculty and staff.
© 2006 The Associated Press.
