Dear Members of the University of Colorado Community,
There has been much discussion recently about Colorado’s concealed carry law as it relates to our campuses, and I want to take this opportunity to address the issue.
To provide some historical context, the Board of Regents originally passed a weapons control policy in the 1970s, and updated it as necessary, which prohibited weapons on campuses. In 2003, Colorado’s General Assembly passed the Concealed Carry Act, allowing those 21 and older to obtain a concealed carry permit issued by a law enforcement agency.
CU’s view on the issue was that the Colorado Constitution gives our Board of Regents the constitutional and statutory authority to govern the campuses, including enacting a weapons policy. We contended that whether concealed carry was a good idea or a bad idea was an issue best decided by the board in consultation with the university community. The Attorney General issued a statement at the time that the university’s position was lawful. A group called Students for Concealed Carry brought suit in 2010 and argued that the Concealed Carry Act preempted CU’s weapons control policy. The university prevailed in the trial court. After appeals, the Colorado Supreme Court (the highest court that could hear the argument) determined that “the General Assembly divested the Board of Regents of its authority” to prohibit concealed carry on campus, which extended the Concealed Carry law to our campuses.
You may have seen recently that on our Boulder and Colorado Springs campuses, the Regents directed the chancellors to evaluate concealed carry in residence halls and at ticketed events such as football games. The chancellors amended the agreements governing admission to these facilities and events in a manner that promotes campus safety while still creating a student housing option for concealed carry permit holders. This balanced approach complies with state law and thoughtfully address complicated issues. You can read about it here. Because student housing on the downtown Denver campus is privately run and there is no student housing on the Anschutz Medical Campus, the contractual amendments have occurred only on the Boulder and Colorado Springs campuses.
Under the Concealed Carry Act and the Colorado Supreme Court’s ruling, concealed carry permit holders have the ability to possess a concealed firearm on public grounds and in publicly accessible buildings, including classrooms and workplaces. I understand this is a big change for the university, altering how we have operated for 136 years. We understand that many students, faculty, and staff believe that firearms should not be allowed on campus. Others believe that concealed firearms are necessary for self-protection. Today, the law allows concealed carry permit holders to carry a concealed handgun on public grounds and in publicly accessible buildings. The university will comply with the law, but many questions naturally arise.
I have asked our general counsel to further detail the implications of the law as it relates to the myriad activities and events on our campuses. The analysis will aim to clear up as many gray areas as possible, but it will not address every contingency. I expect each campus will have ongoing discussions on the issue and will complement counsel’s analysis, which I expect to be available soon.
There has been talk in the media and elsewhere about the potential for the legislature to explicitly consider the law’s application to higher education institutions during the 2013 legislative session. While legislative action is a possibility, there are no legislative proposals currently before the Board of Regents, nor has the board decided whether to promote any particular legislation. The board customarily does not direct us to seek legislation unless a significant majority of regents support it. If legislators draft proposals, the Board of Regents will consider them, and ultimately may support changes to the Concealed Carry Act. Potential legislation would not be introduced until January at the earliest.
I understand this is an emotional issue in our society and on our campuses. Our top priority is the safety of our students, faculty, staff and visitors. In the coming weeks and months, we will continue discussions about how we meet that imperative in light of the Colorado Supreme Court’s decision that the Concealed Carry Act limits the weapons policy at our university.
For feedback, contact
officeofthepresident@cu.edu
Sincerely,
Bruce D. Benson
President
