Sympathetic judge shoots down student lawsuit over concealed handguns on University of Colorado campus

Fox News has the article here:

COLORADO SPRINGS, Colo. — A lawsuit challenging the concealed weapons ban at the University of Colorado campuses was thrown out by a judge.

A district judge threw out the lawsuit filed last year by Students for Concealed Carry on Campus. El Paso County District Judge G. David Miller's action means the university's three campuses can continue to ban concealed weapons.

Miller wrote that while "any right-thinking person" could see that a campus shooting spree could be mitigated by a well-placed concealed weapon, the students' argument was flawed.

The students claimed that the state Board of Regents was an agent of government subject to state law allowing concealed weapons in certain circumstances. Miller ruled that regents are a statewide authority with their own legislative powers. He also found nothing in the state constitution that would prohibit the regents from enacting a campus gun ban. . . . .

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Blogger Harry Schell said...

Very tortured reasoning, given that the Ninth Circuit has seen the obvious and incorporated the 2nd Amendment as an individual right applying to the states.

There is I guess, based on this ruling, nothing in the CO constitution that recognizes the Bill of Rights in the US Constitution, and therefor the Regents could enact any barriers to free speech they chose, or other abridgments of individual rights.

Sounds like the judge lacks empathy for students at risk, or visions the Regents as some new kingdom abover normal law. Or he is the one with faulty reasoning.

5/10/2009 11:16 AM  

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