House takes shot at U. gun ban

Salt Lake Tribune ^ | 2/27/2004 | Kirsten Stewart

[Excuse_My_Bellicosity]

The House passed a bill Thursday to overturn the University of Utah's campus gun ban without reopening the ticklish issue of private property rights.

Senate Bill 48 was drafted to clarify once and for all that only the state has the authority to determine state gun policy. It is aimed at the decision of a state judge who ruled last summer that the University of Utah can decide whether legally concealed weapons are allowed on campus. The ruling was part of a lawsuit by the university aimed at defending its gun ban.

But the bill has drawn fire from business groups who fear it goes too far and would prevent property owners from keeping firearms off private property.

"This has been a major issue. We shouldn't have the right to place restrictions on private property," said Bountiful Republican Rep. Sheryl Allen, who tried amending the bill to say stores, other businesses and private schools may ban guns, including legally concealed weapons.

Allen's amendment failed and the bill passed 56-14 with less specific language added days earlier by Draper Republican Rep. LaVar Christensen. It states: "Individual private property rights under state and federal law shall not be restricted by this section."

The bill returns to the Senate for consent to Christensen's amendment. University officials are hoping Gov. Olene Walker will veto the bill. The governor previously has said she doesn't believe guns have a place on school campuses but has not indicated whether she will sign or veto the measure.

Sponsoring Sen. Michael Waddoups says the issue of gun rights versus private property rights is a "debate for another day."

University of Utah spokesman Fred Esplin was unruffled by the bill's passage.

"It depends on the wishes of the new president and board [of trustees]," but the U. plans to continue to defend its firearms ban in court, Esplin said.

Utah Attorney General Mark Shurtleff has appealed the state judge's ruling to the state Supreme Court.

kstewart@sltrib.com

What's next

* The bill now returns to the Senate for its consent to amendments added in the House.

[Excuse_My_Bellicosity]

It's pretty sad when legislation has to be passed to clarify laws because judges who don't know their job think that they can legislate from the bench.

[Excuse_My_Bellicosity]

Ping!!!

[marktwain]

In what way, shape, or form can a public University be considered "Private Property"!! The University administrators who pushed this lawsuit should be fired for obstructing the law!

[Excuse_My_Bellicosity]

As far as I'm concerned, the Utah State Board of Regents should be stripped clean and have all new members installed. They are unfit to make reasonable decisions. This gun ban is just one in a whole string of poor decisions.