View Full Version : Auraria Campus CCW question
High Altitude
09-20-2008, 22:49
With a CO CCW permit is it legal to carry on the Auroria school campus? This is the campus in downtown denver where metro, ucd, ccd is.
The reason I ask is because when I read the law it seems to me that it would be legal but here is what the police on campus have posted as policy.
What do you guys think?????
http://www.ahec.edu/hr/POLICY28.htm
3.
Should a weapon be discovered in the possession or control of a student on campus the following procedures will apply:
a.
In all cases where a weapon is discovered, Auraria Campus Police WILL be notified immediately.
b.
The Auraria Campus Police will re-advise the student of the Auraria “Resolution and Policy Regarding Weapons on Campus” and the Student Code of Conduct.
c.
The Auraria Campus Police will ask the student for identification, and in cases of a firearm, will be asked to present their “permit to carry.”
i
If the student has the proper permits for possession of a firearm, the Auraria Campus Police will escort the student off campus and instruct the student not to return to campus with the firearm. The Auraria Campus Police will document the matter and notify the appropriate judicial officer of the violation. The judicial officer will follow up with a written warning that any future violation will be treated as a serious matter and may result in suspension or expulsion2.
ii
If the student possesses a firearm without a lawfully issued permit, the Auraria Campus Police will confiscate the weapon, arrest the student, and report the incident to the appropriate judicial officer.
To my knowledge, carry is not allowed at all on campus...Im a student at MSCD...the Auraria Police are kind and friendly for the most part (the day I visited campus while in high school, I locked my keys in my car...spent more than half an hour with them trying to get into my car, then we had a good laugh about it afterwards) but they will definately not be pleased if anybody carries...Ive talked to them about it, they agree, but law is law...
That applies as a universal rule to high schools and below Foxtrot .. Universities and Colleges are a different animal and are as far as I know, self regulating.
High Altitude
09-21-2008, 13:07
but law is law...
This is the point of the entire conversation.
The state law states that carry with a permit is only illegal on a elementary, middle school or highschool campus with a couple permission only exceptions.
Some state colleges/universitys are saying they are above the state law and can make their own rules/laws.
CSU for example has chosen to follow the state law and carry with a CCW permit is allowed on campus.
The mere fact that the auraria campus police won't arrest you on the spot if you have a permit should open peoples eyes about what is going on.
Can anyone explain to me if this situation has ever been challenged in courts and if so what was the outcome?
The fact is that colleges are private property and the owner can do what they please on it...primary schools are state owned, and subject to state laws..
High Altitude
09-21-2008, 15:34
The fact is that colleges are private property and the owner can do what they please on it...primary schools are state owned, and subject to state laws..
You really believe this?????
metropolitan STATE college, University of COLORADO etc..... are not private schools and are tied into the state.
If you work for metro you are a state employee.
Here is the metro faculty employee handbook. Notice who issues it.
http://www.colorado.gov/dpa/dhr/pubs/docs/emphandbook.pdf
This is linked from this site.
http://www.mscd.edu/facstaff/hr/documents/handbooks/index.htm
Part of the AHE resolution.................
"WHEREAS, the State of Colorado, by and through the Board of Directors of the Auraria Higher Education Center (the Auraria Board), owns and manages the land, physical plant and facilities of the Center (the Auraria Campus) for the exclusive use and benefit of its constituent institutions—the Community College of Denver, Metropolitan State College of Denver and the University of Colorado Denver Downtown Campus; and"
Long discussed and analyzed. In essence these facilities are the equivalent of a Home Rule city or town. So be smart know what their regs are, you are liable and ignorance is not a valid defense.
High Altitude
09-21-2008, 16:32
Long discussed and analyzed. In essence these facilities are the equivalent of a Home Rule city or town. So be smart know what their regs are, you are liable and ignorance is not a valid defense.
If that is the case then any city could outlaw carrying with a permit and the state law would be meaningless.
Does anyone know of any organizations trying to fight this????
I find it interesting that the campus says it is illegal but they won't arrest you for it. You are only escorted off the premises. If they arrest you for it, you can then fight it in court. If anything, you get charged for trespassing etc..... no way they charge you for carrying a firearm with a permit.
winterstick
09-21-2008, 19:50
Long discussed and analyzed. In essence these facilities are the equivalent of a Home Rule city or town. So be smart know what their regs are, you are liable and ignorance is not a valid defense.
Can you point me to these discussions? I was under the impression that the campus could only enforce the no firearms policy through the school code of conduct, by suspension or expulsion. The quote from the Auraria campus website that High Altitude posted confirms that.
I also find it odd that campus would be able to enforce a no-guns policy on their grounds, when the city of Denver (a home rule town) can't stop concealed weapons holders from entering their parks. In the 2004 Meyer's Decision, the judge concludes that the city ordnance doesn't apply to concealed carry holders.
However, the City's local concern for policing its own parks collides with the statewide statutory scheme governing carrying concealed handguns with a permit. The City has admitted that concealed carry is an area of mixed state and local concern. As stated above, the State's creation of uniform regulations on concealed carry predominates. Since the ordinance prohibiting all firearms in parks conflicts with the state statutes on concealed carry, the ordinance is preempted by state law only as to concealed handguns carried with a permit.
http://rmgo.org/alerts/2004-denverruling.htm
Does anyone know of any organizations trying to fight this????
http://concealedcampus.org/
Every semester they have a silent protest where members can wear an empty holster to school...
If that is the case then any city could outlaw carrying with a permit and the state law would be meaningless.
They lobbied to try.. there is very specific verbiage that eliminated the options of Home rule jurisdictions. In addition the Shall Issue laws helped stop what places like Denver were doing.. using BS loop holes in the original laws to issue only a bare minimum of permits.
As for point you at the discussions, well with the board pruning older informative posts here, you'll have to look at some of the other sites, RMGO and the likes to find those specific discussions or use the uber Google-fu skills to dig out discussions else where.
chrisguy
09-23-2008, 22:30
Recent coverage of this issue for those that missed it...
background1 (http://www.9news.com/rss/article.aspx?storyid=89817), background2 (http://www.9news.com/rss/article.aspx?storyid=97836), background3 (http://www.coloradodaily.com/news/2008/aug/16/cu-regents-hear-pitch-guns-campus/)
Led to this (http://www.coloradodaily.com/news/2008/aug/20/regents-shoot-down-gun-proposal/) unfortunate sounding display by a carry advocate from the Springs campus who had a chance to formally address the Regents.
18-12-105.5 - Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.
http://michie.lexisnexis.com/colorado/lpExt.dll?f=templates&eMail=Y&fn=main-h.htm&cp=cocode/2c8c9/307ca/307f2/30863
ampress01
10-06-2008, 10:29
CSU in Fort Collins allows CCW LIC. carry. 17 percent of the surounding Larimer county has a ccw permit. Thats why we have such low crime out here.
High Altitude
10-11-2008, 18:50
18-12-105.5 - Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.
http://michie.lexisnexis.com/colorado/lpExt.dll?f=templates&eMail=Y&fn=main-h.htm&cp=cocode/2c8c9/307ca/307f2/30863
If I have a concealed carry permit, can I carry on college school grounds? YES (with conditions, and as long as it is a public school)
18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds.
(3) It shall not be an offense under this section if:
(d) The person, at the time of carrying a concealed weapon, held a valid written permit to carry a concealed weapon
However, then Attorney General Ken Salazar wrote an opinion that, since the Regents to the University of Colorado are a constitutional office and have powers to govern that university, they may ban concealed carry on their campuses. As of the writing of this document, all of CU's campuses have a ban on concealed carry.
This is from RMGO.org.
Hopefully some day it is challenged in court so that it can be put to rest.
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