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Updates on the Unconstitutional College Campus Gun Bans – headed for a showdown at the Colorado Supreme Court?

by | 9:12 am, March 21, 2010 | Comments Off

Clear The Bench Colorado has previously noted that a recent decision by the CSU Board of Governors to deprive Concealed-Carry Weapons (CCW) permit-holders of their legal rights under Colorado statute on CSU campuses is virtually certain to be legally challenged and ultimately decided (as a matter of Colorado law, regulating concealed carry) by the Colorado Supreme Court.

Recent statements by Larimer County Sheriff Jim Alderden that he would refuse to prosecute any licensed permit-holder detained or sanctioned by University enforcement officers, because any such action would violate state law as well as his oath to uphold the Federal and state Constitution and Colorado statute, has drawn additional attention to the issue.

Sheriff Alderden recently appeared on the Independent Thinking television program to discuss the issue of “Guns on Campus” with host Jon Caldara and leftist Denver Post columnist Mike Littwin (the CSU Board refused to appear in defense of their policy decision, probably on the advise of legal counsel in order to avoid making self-incriminating statements).

In this segment (number 2 of 3 total), Sheriff Alderden reiterates the fact that the CSU gun ban violates state law:

(At approximately the 7 minute mark, Sheriff Alderden gets to the crux of the matter:
“The law says that if you have a Concealed Carry Permit, you CAN carry on campus… that’s what the statute says.”)

18-12-214. Authority granted by permit - carrying restrictions.

  (1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. …  A local government does not have authority to adopt or enforce an ordinance or resolution that would conflict with any provision of this part. (emphasis added)

The ONLY hope for this clearly unconstitutional ban to withstand the inevitable legal challenge - and the ongoing legal challenge to the CU ban - is if the Colorado Supreme Court refuses to uphold the law (certainly not impossible, given the repeatedly demonstrated anti-gun bias and generally anti-constitutional predilections of the Mullarkey Majority which dominates the 7-member court).

Meanwhile, the CU Regents ban on responsible and licensed concealed-carry has already been challenged by students from different CU campuses; although a lower court judge dismissed the case on a technicality, the case is now coming before the Colorado Court of Appeals (one level shy of the Colorado Supreme Court).  Oral arguments in the case begin this coming Tuesday (23 March) starting at 1:30 PM (those with an interest in upholding the constitutional right to keep and bear arms in Colorado may wish to appear in (polite and civil) witness to the proceedings.

Ultimately, these cases are likely to be decided by the Colorado Supreme Court; given the current majority, this cannot be an entirely encouraging prospect for friends of liberty and defenders of our constitutional rights. 

Fortunately, friends of liberty and the constitutional right to keep and bear arms in Colorado can “head ‘em off at the pass” in November 2010 by voting to REMOVE FOUR of the most anti-constitutional justices on the Colorado Supreme Court (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) BEFORE the challenge comes to a final resolution before the court.

Freedom isn’t Free - Defend YOUR Constitution, and exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote against retaining these unjust justices in November 2010!

Category: Colorado Supreme Court, PPC, Second Amendment
Tags: > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >

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