KIMBER'S on CAMPUS?
By Sheriff Jim Alderden
It appears my last Bulls-eye article, “Could it Happen Here,” has stirred up a wee bit of controversy. It was picked up immediately by the Coloradoan and Channel 9 News. From there, it took on a life of its own. I ended up doing radio interviews for stations in Fort Collins, Denver and San Diego, and it was referenced on several national Fox television news shows. Frankly, the response was somewhat shocking given the opinions I expressed were just common sense. I have been inundated with e-mails and the blog sites are full of chatter. Overwhelmingly, the responses have been supportive. It appears there are more people out there with common sense than I had thought, causing me to wonder why so many pander to the far left secular progressives.
Considering the interest in “guns on campus,” I thought it would be fitting to examine this issue a little closer. Colorado State University has a policy of allowing Concealed Weapons Permit holders to carry on campus. Most universities, including University of Colorado in Boulder, do not. My argument for allowing law-abiding permit holders to carry on campus is simple. When you create a so called “gun free” zone and rely solely on voluntary compliance, the law-abiding citizens are at a disadvantage. The criminal predators need only worry about intervention by law enforcement personnel, not their prey. The Lott-Mustard study has shown that when individuals are given the opportunity to legally carry firearms with a permit, violent crime rates go down. Go figure! I suspect that if deer were capable of shooting back, fewer people would go deer hunting.
With decades of data on CCW permits, there is no empirical data that suggests allowing concealed weapons to be carried with a permit decreases public safety. None. When Colorado passed our current CCW law in 2003 which required all sheriffs to issue CCW permits within guidelines, the nay-sayers predicted the streets would run red with blood. It hasn’t happened. Permit holders who have the requisite training and pass a background check have proven themselves to be responsible. Policies enacted at CU and some other institutions of higher learning seem to say that their students, staff and faculty aren’t as responsible or trustworthy as the general public when it comes to firearms. (Considering the Ward Churchill situation and other goings-on at CU, maybe they’re right.) Administrators at CSU, and CSUPD Chief Dexter Yarborough, need to be commended for being more practical.
Some of those who objected to my position seem to think I’m advocating arming all the students. Not at all. Only a small percentage of the students are over 21 years old and therefore the majority aren’t even eligible to get a permit. What I’m saying is that the small percentage of students, staff and faculty who chose to do so should be given the opportunity to defend themselves or others in a life threatening situation.
The most interesting aspect of this controversy is that Colorado state law does NOT prohibit carrying a weapon on campus with a valid permit. CU and other institutions of higher learning are relying on policy set by the Regents of the university and a Formal Opinion, No. 03-03, by then Colorado Attorney General Ken Salazar that university policy trumps state law. While I do respect Ken Salazar, there is enough grey area in the cited case laws to think that another attorney or a court could come to a different conclusion.
The CU Regents have determined that even carrying a weapon on their campus with a permit threatens “the tranquility of the educational environment in an intimidating way and … (contributes) in an offensive manner to an unacceptable climate of violence.” (Regent Policies, Section 14.1). Poppycock! If a permittee keeps the handgun concealed, how can it be intimidating?
Colorado’s law regarding Concealed Weapons Permits was enacted by Colorado Senate Bill 03-24. Section 18-12-201(d), C.R.S. reads, “The criteria and procedures for the lawful carrying of concealed handguns historically has been regulated by state statute and should be consistent throughout the state to ensure the consistent implementation of state law.” C.R.S. 18-12-214(1) (a) authorizes a “permittee to carry a concealed handgun in all areas of the state, except as limited by this section.” While limitations are then placed on K-12 school grounds, private property and businesses, and public buildings that are secured with electronic weapons screening devices and security personnel who screen everyone who enters, there is no limitation or prohibition regarding colleges or universities. Realizing that some local governments may try an end run around the CCW laws, C.R.S. 18-12-214(1) (a) made it clear that “local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part 2.” C.R.S. 18-12-105.5(1) makes it a felony to carry a weapon on a K-12 school ground, college or university (with some exceptions). It is NOT an offense under this statute to carry on a college or university with a CCW permit.
The university and former Attorney General Salazar’s opinion is based on two other statutes. C.R.S. 23-10-112 gives the CU Board of Regents authority to “enact laws for the government of the university.” It is noteworthy that this is specific to CU and does not apply to CSU, UNC or other colleges or universities. A broader authority is found in C.R.S. 25-5-106(1) that gives the “governing board of any state institution of higher education the authority to promulgate rules and regulations for the safety and welfare of students, employees, and property...” It is argued that unless legislation specifically addresses universities or colleges, terms such as “in all areas of the state” and “consistent throughout the state” are too general and thus don’t apply to universities. Following this logic, other criminal statutes don’t specify whether they apply on campus so their governing bodies could decide that Colorado laws don’t apply on campus either.
Having worked with the authors and sponsors of S.B. 03-24, and having testified before the legislature on this issue, I can assure the reader that the legislature never intended that CU or other universities be exempt from following state law regarding the lawful carrying of concealed weapons. Nobody anticipated their end run. Perhaps this is something that needs to be challenged in court or brought back to the legislature. Until then, maybe there really is a People’s Republic of Boulder.
June 12, 2007