Appeals Court to Hear Arguments Tuesday on University of Colorado's Gun Policy

Mar 22, 2010

Washington, D.C. - The Colorado Court of Appeals will hear arguments tomorrow on whether the University of Colorado can continue to protect student safety by prohibiting firearms at the University.

The Brady Center to Prevent Gun Violence filed a friend of the court brief urging the Court to uphold the University’s gun policy, which protects students from the dangers of guns on campus.  The Brady Center argued in its brief that the University’s policy is a constitutional and reasonable response to the grave dangers of guns on campuses and is in keeping with the policy of most universities.

“Concealed weapons have no place on a college campus,” said Paul Helmke, President of the Brady Center.  “The University’s policy of prohibiting armed students in its classrooms, dorms and other locations is reasonable and protects public safety.”

The case before the court is Students for Concealed Carry v. The Regents of the University of Colorado.  El Paso County District Court Judge G. David Miller last year dismissed the lawsuit, rejecting SCC’s attempt to force the University to allow students to carry loaded, concealed guns on campus.  In his opinion, Judge Miller noted that the University Regents had determined that the presence of guns on campus “threatens the tranquility of the education environment and contributes in an offensive manner to an unacceptable climate of violence.”

In dismissing the lawsuit, the court rejected claims that the Colorado Constitution grants a constitutional right for students to carry loaded, concealed weapons on campus.  To the contrary, the court noted that the Colorado Constitution specifically states that “nothing herein contained shall be construed to justify the practice of carrying concealed weapons.”  The court also rejected claims that the Colorado Concealed Carry Act requires the University to allow armed students on campus, finding that this law specifically preempts only local governments from barring concealed weapons, not statewide institutions such as the University.

The Brady Center report, No Gun Left Behind: The Gun Lobby's Campaign to Push Guns Into Colleges and Schools, highlights the severe dangers posed by guns on campus.  The report describes why bringing guns onto campus would dramatically increase the danger to students and faculty.  Studies show that college gun owners are more likely than other students to binge drink, use cocaine or crack, be arrested for a DUI, vandalize property, and get in trouble with the police.  Every year about 1,100 college students commit suicide, but another 24,000 attempt to do so.  Given that 90 percent of attempted suicides with guns are successful, easy access to guns on campus will likely lead to an increase in suicides.

Edward Ramey of the Denver law firm of Isaacson and Rosenbaum is representing the Brady Center pro bono.

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