Colorado - Major Legal win for campus carry
Posted: Fri Apr 16, 2010 9:08 am
(from the Volokh Conspiracy blog)
Major legal win for Students for Concealed Carry on Campus
(David Kopel)
Students for Concealed Carry on Campus v. Regents of the University of Colorado. Decided this morning by the Colorado Court of Appeals (a three-judge panel of Colorado’s intermediate appellate court). In brief: Colorado’s licensing statute for carrying a concealed handgun for lawful protection is explicitly preemptive. The University of Colorado bans concealed carry anyway, arguing that there is an implicit exception applicable to CU. The Mountain States Legal Foundation brings a suit on behalf of SCCC. The trial court dismisses for failure to state a claim. The Court of Appeals unanimously reverses the dismissal, and remands the case for further proceedings. The Court of Appeals holds that: 1. The statutory claim under the Concealed Carry Act should not have been dismissed, because there is no exemption for the University of Colorado. 2. The constitutional claim under the Colorado Constitution’s right to arms provision should not have been dismissed; the proper standard of review, under Colorado case law, is “reasonableness”, which is a higher standard than rational basis. The Court of Appeals expresses no opinion on the merits of the constitutional claim.
Congratulations to MSLF attorney Jim Manley!
Major legal win for Students for Concealed Carry on Campus
(David Kopel)
Students for Concealed Carry on Campus v. Regents of the University of Colorado. Decided this morning by the Colorado Court of Appeals (a three-judge panel of Colorado’s intermediate appellate court). In brief: Colorado’s licensing statute for carrying a concealed handgun for lawful protection is explicitly preemptive. The University of Colorado bans concealed carry anyway, arguing that there is an implicit exception applicable to CU. The Mountain States Legal Foundation brings a suit on behalf of SCCC. The trial court dismisses for failure to state a claim. The Court of Appeals unanimously reverses the dismissal, and remands the case for further proceedings. The Court of Appeals holds that: 1. The statutory claim under the Concealed Carry Act should not have been dismissed, because there is no exemption for the University of Colorado. 2. The constitutional claim under the Colorado Constitution’s right to arms provision should not have been dismissed; the proper standard of review, under Colorado case law, is “reasonableness”, which is a higher standard than rational basis. The Court of Appeals expresses no opinion on the merits of the constitutional claim.
Congratulations to MSLF attorney Jim Manley!
