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Just want to know if anything has come down from the supreme court on conceled carry at the university of Utah campus

Also Anythin wrong with Carrying a firearm at the U Of U Hosptial Except the obvious in the Mental portion 5 West
 

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I'm not aware of any decision being handed down. Remember, the "ban" pertains to students and employees, not to the general public. You're good to go in the hospital.
 

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I haven't heard of anything coming from the court case yet. It will be prominent news when it happens, since the U of U vs. the Utah Legislature has been a big story so far.

If you are a U of U student or are employed there, your risk is expulsion or termination of employment if you are found to be packing on a valid CFP. Of course, the U does not have the right to do that. That's one of the aspects that might be decided by the court case.

Of course, that's the typical leftist tactic when they can't win in the elected branch of government. They try to get courts to legislate from the bench.
 

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Out of sight.........Out of mind !! Unless U of U has metal detectors at the entrances, if your carrying properly and do not unnecessariy break concealment which is a prudent ANYWHERE then carrying on Uof U property should not be a problem. You are not breaking any federal or state law. If a situation occurs and you use your concealed firearm for its intended purpose and prevent some nut from slaughtering numerous innocent persons on campus the university is going to be hard pressed to expel or fire a HERO.
 

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Hi pricedo. Welcome back!

You're bumping an old thread that has been overcome by later events.
The U of U lost its case before the Utah Supreme Court, then tried to get the Utah Legislature to grant it power to regulate firearms in professors' offices and in the dorms. That attempt mostly failed. See this thread about that battle.

Also, the president of the U recently issued a letter reversing the illegal policy. Check out this thread.

I haven't seen any post on any later changes in U policies, but have heard that another letter came out indicating that the lawsuit in Federal court has been dropped.

Anybody have that letter to post?
 

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No letter but I do have this:

U drops federal gun lawsuit
Concealed weapons permit owners allowed to carry on campus
By: Dustin Gardiner
Posted: 3/14/07
The legal battle over the U's campus gun policy came to an end Monday after the university agreed to drop its federal lawsuit against the state.

Students and staff members are now guaranteed the right to carry concealed firearms on campus with a permit -- the U's long-held former policy banned them from bringing guns on campus.

State law still prohibits non-permit holders from bringing guns onto a college campus.

The decision came two weeks after the Utah Legislature passed a law that would allow students living in the Residence Halls to decide if they will room with a permit holder. The U had agreed to end the federal case while negotiating the law with legislators.

Administrators said that while the law was not the compromise they had hoped for, it is in the school's best interest to drop the suit.

"It is absolutely clear that had we chosen to pursue this case, it would have detoriated our relationship with the Legislature," said Dave Pershing, senior vice president for academic affairs.

Pershing said that keeping the gun debate alive would have likely hurt the U's ability to lobby the Legislature for funding. The Board of Trustees passed a resolution Monday supporting the decision to drop the case.

Kim Wirthlin, associate vice president for government relations, said the issue had "become more of a power struggle between the U and the (state) than about guns" to many lawmakers.

There was also doubt that the U could win the federal case.

John Morris, general counsel for the U, said several recent court decisions have weakened the argument that the First Amendment gives universities the right to govern academic affairs in a way that promotes free discussion and debate -- an argument that the U had relied on before.

"Clearly that didn't make our argument any stronger," Morris said. "The status of that right is not clear."

For some students and faculty, the announcement came as a disappointment.

Peng Se Lim said he doesn't understand the need for his peers to have guns on campus.

"Every day coming to the U I feel safe," said the sophomore history major.

Other students don't see permit carriers as a threat.

Hyram Thornton, a junior in nursing, said he thinks the issue was blown out of proportion.

"It doesn't really phase me at all," he said. "I think people just get paranoid…they watch too much TV and think everyone is out to kill each other."

Dave Buhler, Utah System of Higher Education associate commissioner, said that some have perceived the debate as being over a total ban on guns when, in actuality, the policy only applied to students and staff with concealed weapons permits.

"We're talking about a very narrow (group) of people," Buhler said.

University of Utah President Michael K. Young agreed to suspend the gun ban last September several weeks after the Utah Supreme Court ruled it violated state law in order to work out a compromise over the issue with state legislators. He tried unsuccessfully to get guns barred from the Residence Halls, athletic venues, classrooms, faculty offices and University Hospital.

The U's decision to drop the federal case means a victory for Utah Attorney General Mark Shurtleff, who ignited the debate over the U's gun ban in 2001 when he wrote an opinion saying the policy violated state law -- prompting the U to file the federal case. The U was then at odds with Shurtleff and state lawmakers for nearly six years.

The U appeared to be winning the gun debate in 2003 when it won its case in state court, but the Legislature then amended state firearm statutes, solidifying the rights of concealed weapons permit holders on college campuses.

Young had argued that universities are given a certain degree of autonomy to govern academic affairs and that allowing guns would make students feel unsafe, thus hampering free exchange and debate.

He struck a different tone as he addressed the Academic Senate last week about his decision to drop the federal suit. Young apologized to faculty members for not securing further restrictions and said he is forming a task force to evaluate safety on campus.

Young was unavailable for comment on this article.

"Frankly, we got the best deal we could," Pershing said. "We're happy to have this behind us."
--------------------------------------------------------------------------------
© Copyright 2007 The Daily Utah Chronicle

http://www.dailyutahchronicle.com/home/ ... 2fc80a5236
 

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It is absolutley fine to carry on campus, in classrooms, faculty offices, etc. The only restriction on the U that is different from any other place is that a student living in the dorms may request that they have a non-packing roomate.

I carry every day at the U of U proudly, and I would not stop. Many other students carry too. Just walking around I have met several other packing students, its great.

Carry proudly at the U!
 

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gunsfreak,

Regarding carrying in a mental instituion (i.e. U of U Hospital 5 West):

From what I understand, there is not a blanket rule that carrying concealed in a mental institution is illegal. The institution can make that rule and must have a sign posted at each entrance. So if the U of U mental unit doesn't have any "no gun" signs, then it is legal to carry there.

This interpretation is based on the following that I found on the Utah BCI website (http://bci.utah.gov/CFP/CFLCarry.html):

It is unlawful for a person with a firearm permit to carry a concealed firearm in the following locations:

• Any secure area in which firearms are prohibited and notice of the prohibition is posted
• A secure area of an airport
• Any courthouse, churches if posted, mental health facility or correctional facility that may provide by rule that no firearm may be transported, sold, given, or possessed upon the facility. At least one notice shall be prominently displayed at each entrance to a secure area in which a dangerous weapon, firearm, or explosive is restricted.

TIFWIW,
ebrinton
 

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ebrinton said:
…The institution can make that rule and must have a sign posted at each entrance. …
No, this still doesn't meet the criteria for a "secured" area. They need to have metal detectors and lockers for your sidearm.

Now, the courts have given the law the middle finger and said, "no, we're not going to do that…" but that's a different fish to fry.
 

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So basically I can carry in a mental institution regardless of a sign if it's not a secure area? However, by that same logic, shouldn't I be able to carry at an LDS church because it doesn't fulfill the "secure area" requirement?
 

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Don't confuse different portions of the law.

The "Secure Area" requirement doesn't apply to churches or private residences.U.C.A. 76-10-530. Trespass with a firearm in a house of worship or private residence -- Notice -- Penalty.
Also read the section of Utah law covering mental health facilities:U.C.A. 76-8-311.3. Items prohibited in correctional and mental health facilities -- Penalties.U.C.A. 76-8-311.1. Secure areas -- Items prohibited -- Penalty.To me, that plainly states that a mental health facility can establish a secure area which must conform to the requirements in U.C.A. 76-8-311.1 (i.e. notices posted at each entrance and a place to securely store firearms). If they don't conform to those requirements, I would imagine that you would still likely be charged for carrying there and would have to fight the charge on the basis that it wasn't a proper secure area. Wanna be the test case? :shock:

Note: I am not a lawyer.
 

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Jeff Johnson said:
Wanna be the test case? :shock:
That's why I don't carry in the legal grey area known as the U.S. Post Office. Regardless… I personally am not planning on visiting the phych ward any time soon. ;) :D
 

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What about carrying concealed at the SL University Institute?
It's privately owned, is it not? If so, their firearms policy is whatever they say it is and is not subject the the Legislature's decision on carry in publicly-funded universities/colleges.
 

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Car Knocker said:
... It's privately owned, is it not? If so, their firearms policy is whatever they say it is
Not so, by the logic of "privately owned." Everything that's not government owned is privately owned.

If this were true, then we'd be banned from half of businesses in the state already.

I don't know whether the institute is deemed a church or not just because it's used on Sundays.
 

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This is just my personal opinion, but I'm sure the Institute would be considered a "house of worship," which is where the LDS church has banned weapons. Although the church is "private," its ban has been codified into law, therefore if you were caught, you would be committing a crime. Any other private place could only say you were "tresspassing" and ask you to leave.
 

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ebrinton said:
This is just my personal opinion, but I'm sure the Institute would be considered a "house of worship,"
Is it an educational establishment, a church? Buildings designated as churches (ward houses, stake centres) and temples are by design "houses of worship." But any Sunday worship at an institute is ancillary to its primary function.

Of course, we're both just speculating here... what do I know?
 
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