U. trustees seek legal help on guns

Published: Wednesday, March 31, 2004 7:05 a.m. MST
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Before it decides what to do next, the University of Utah Board of Trustees wants lawyers to work out remaining legal issues on the new gun rights law that prevents public college campuses from banning concealed weapons.

At least one board member agrees with Gov. Olene Walker, who signed SB48 into law but said she questions whether gun permit holders should be able to take a gun into a dormitory.

"I really do not think we need guns in dorms," said board member and former U.S. Senator Jake Garn, who stressed that it's his "personal" opinion. Speaking Tuesday after a closed session of the board, Garn also noted his "perfect" NRA voting record while in the Senate.

The bill's sponsor, Sen. Michael Waddoups, R-Taylorsville, said last week he is planning to work with the governor and others before next year's legislative session and would consider prohibiting guns from dormitories if it is proven that the college residences need protection similar to that already provided at courthouses and airports.

With the passage of SB48, a lingering court case that pits the U. against the state Attorney General's Office is expected to be dropped in the coming weeks. Attorney General spokesman Paul Murphy said last week additional issues may need working out.

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By April 19, the U. board expects to have a clearer view of its options. The U.'s ban of all guns from campus was effectively erased by the new law.

Since 1996, Utah's 50,000-plus permit holders can pack guns without restriction in all but courtrooms, jails, prisons, airports and mental health institutions. Churches and other houses of worship may also prohibit weapons but only if they post or publicly announce those policies.

The tug-of-war over on-campus gun rights started in 2001, when Utah Attorney Mark Shurtleff noted in a legal brief that the U.'s policy prohibiting students, faculty and staff from carrying guns on campus was afoul of state concealed-carry laws.

The U. sued this past August in response. The judge ruled in favor of the state.

Waddoups ran SB48 as a direct response to the court ruling.

Under the new law, only private schools such as Brigham Young University will be allowed to keep guns off their campuses. Utah State University students sign a "contract" with the school that says guns will be left out of residence halls.

Salt Lake City and Park City school district leaders have spoken out in resolutions against letting permit holders bring guns into schools.


E-mail: sspeckman@desnews.com

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