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  1. #1
    NickB
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    Default Carry on a university campus?

    Question for the Colorado CCW law gurus: is licensed CCW on a university campus forbidden by state or federal law?

    My reading of federal law has shown me that it is prohibited unless the state has issued you a permit to carry. The state can still outlaw carry essentially anywhere they want, and that you must abide by.

    My reading of state law is "A permit issued pursuant to this part 2 does not authorize a person to carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that..."

    If I'm not mistaken a CCW permit holder may legally carry on the grounds of a public or private university in the state of Colorado. No?

    Thanks in advance!

  2. #2
    Grand Master Know It All newracer's Avatar
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    You can carry on university property. CU has a law against it but it is debateable if it is inforceable or not.

  3. #3
    NickB
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    Quote Originally Posted by newracer
    You can carry on university property. CU has a law against it but it is debateable if it is inforceable or not.
    I've been wondering that, too...

    http://www.ago.state.co.us/press_detail.cfm?pressID=221

    Ken Salazar says it may "lawfully be enforced", but what that means I don't know. Does that mean CU can expel a student who is carrying, or does that mean that student goes to jail?

  4. #4
    NickB
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    Looks to me like the Regents only real authority is to govern the university, and punishment will not be criminal for violating any of the Regents' "laws".

    http://www.cu.edu/regents/Laws/Articl32A.htm

  5. #5
    adam223
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    Default Re: Carry on a university campus?

    This is from the RMGO FAQ: http://www.rmgo.org/faq/index.shtml

    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.
    I have exchanged emails with Dudley Brown of the RMGO on this topic and he is very knowledgable and very helpful.

  6. #6
    NickB
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    Default Re: Carry on a university campus?

    Quote Originally Posted by adam223
    This is from the RMGO FAQ: http://www.rmgo.org/faq/index.shtml

    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.
    I have exchanged emails with Dudley Brown of the RMGO on this topic and he is very knowledgable and very helpful.
    I did see that, but my question is more regarding the "legal" authority of the Regents. If their only power is to suspend/expel a student for carrying, that's one thing. If they can somehow have weapons charges brought against anyone who carries a firearm, that's another... What did Dudley have to say?

  7. #7
    adam223
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    Default Re: Carry on a university campus?

    I thought that quote was interesting more for the bit about Sen. Salazar and the extent he went to in order to get CCW banned at CU. He essentially made CU it's own little state. Confirming that Boulder is just "25 square miles surrounded by reality."

    Legal options for the university? If you're a student there, obviously they can attempt to get you for violating the student code of conduct or similar policy. This could definately include expulsion. Is it legal? Can you challenge it? Probably. It depends on the university's rules and policies regarding firearms. Beyond that I believe it largely falls into the category of the offenses you can get charged with when you're carrying off of a university campus. If you accidently flash someone and they are "alarmed" maybe disorderly conduct, perhaps more. Someone else will have to provide expertise on that. Maybe an LEO. Just my opinion, not legal advice.

  8. #8
    NickB
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    Default Re: Carry on a university campus?

    Quote Originally Posted by adam223
    I thought that quote was interesting more for the bit about Sen. Salazar and the extent he went to in order to get CCW banned at CU. He essentially made CU it's own little state. Confirming that Boulder is just "25 square miles surrounded by reality."

    Legal options for the university? If you're a student there, obviously they can attempt to get you for violating the student code of conduct or similar policy. This could definately include expulsion. Is it legal? Can you challenge it? Probably. It depends on the university's rules and policies regarding firearms. Beyond that I believe it largely falls into the category of the offenses you can get charged with when you're carrying off of a university campus. If you accidently flash someone and they are "alarmed" maybe disorderly conduct, perhaps more. Someone else will have to provide expertise on that. Maybe an LEO. Just my opinion, not legal advice.
    I exchanged emails with Dudley today, and his advice was helpful. Essentially the Regents have no real power, however if you are found with a firearm or other weapon that violates university policy you can be arrested by the CU Police and probably charged with criminal trespass. Obviously if you flash/threaten with the weapon other charges will apply just as they would outside campus.

    Tough call. Not legal, but not really illegal either, I guess. I want to kick Salazar in the nuts...

  9. #9
    Chairman Emeritus (Retired Admin) Marlin's Avatar
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    I want to kick Salazar in the nuts...



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  10. #10
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    Default Reconsider CCW for School

    CTV.ca News Staff

    A gunman with a Mohawk haircut and black clothing opened fire inside Montreal's Dawson College on Wednesday, killing one woman and wounding 19 others.

    Police had earlier believed there were as many as four gunmen, as shots reportedly continued to be heard.

    The 20-year-old female victim died in hospital from her wounds. Five people admitted to Montreal General Hospital remain in critical condition, four are listed in serious condition and two are stable.

    "They are all young students, young adults, in their early 20s," Dr. Francoise Chagnon, director of professional services, told CTV Newsnet. Five are male and six female.

    CTV's Jed Kahane said police received a call about the shooting just before 1 p.m. EDT. Gunfire erupted at 12:41 and continued for about 30 minutes.

    A police officer outside the college saw the gunman enter the building, and police quickly arrived at the scene. The 25-year-old suspect was shot dead as he tried to leave the school.

    Police have not identified the shooter, but a spokesman said he was armed with three weapons, likely including a semi-automatic rifle. He was also described as a young resident of Quebec.

    Panicked students described a scene of chaos and violence, as people fled or hid from the shooter.

    "He shot right at us. And when he shot at us we jumped and ran the other way," said student Ali Hussein. He added that one bullet struck a wall close to where he was standing.

    Dawson College is located at the corner of Atwater and Sherbrooke in the heart of downtown Montreal.

    One student captured a cellphone video of police officers inside the school with their guns drawn, trying to talk to the gunman. Someone then shouts to evacuate the building.

    Students told Kahane they saw someone roaming the halls with a gun, and heard at least 20 shots fired.

    One student told Montreal radio station 940 News she was on the phone at the college's front entrance when she heard five gunshots and a window breaking. She walked into the hallway and was inches from the gunman.

    "All of a sudden I turned around and saw a man dressed in black with a huge assault rifle," she said. "People didn't know what was going on ... they thought it was a joke."

    The man ran into the corner of the cafeteria to hide from police, she said.

    A number of officers surrounded the school with guns drawn, while others helped to evacuate students from inside the English-language CEGEP school which has about 10,000 students. Most are between the ages of 16 and 18.

    Gary Clemence, a psychology teacher, said the college is "usually a really quiet, peaceful place. No problems, no knives, anything."

    Prime Minister Stephen Harper called the shooting "cowardly" and a "senseless act of violence.

    "On behalf of the Government of Canada and all Canadians, our thoughts and prayers are with the injured and their loved ones, and to the students and staff of the college who are all victims of this terrible tragedy," Harper said in a statement.

    Montreal Mayor Gerald Tremblay said Canadians should reach out to the victims.

    "This is so tragic. How do we talk to the parents who are going through this? All I can say is that I feel for them, and I care for them," he told Newsnet.

    Were you on the scene?
    Send your images, with descriptive captions, to newsonline@ctv.ca Please include your name and phone number.
    Today's incident is horrifyingly reminiscent of another school shooting in Montreal. On Dec. 6, 1989, Marc Lepine killed 14 engineering students at the Ecole Polytechnique.

    The mass murder prompted tighter gun laws, which included the creation of the controversial national firearms registry. It also prompted Parliament to create the National Day of Remembrance and Action on Violence against Women in 1991, to coincide with the anniversary of the tragedy.

    During Wednesday's shooting, some students and teachers barricaded themselves in classrooms, waiting for police to rescue them.

    As many as 40 students and staff hid on the seventh floor, including eyewitness Adam Perez, who spoke to CTV Newsnet.

    "No one came to really warn us," said Perez. "Our first warning of the incident (came from) phone calls and text messages."

    One student told 940 News she saw two people who had been shot, including one who had been hit in the neck. The student said a friend told her four people had been shot.

    Michel Boyer, a student at the college, told CTV Newsnet he saw the gunman in a hallway leading to the cafeteria.

    "I saw the gunman who was dressed in black and at that time he was shooting at people. It was probably one of the most frightening moments of my life," he said.

    Images captured from a helicopter hovering over the scene showed hordes of students running frantically from the building.

    A number of police vehicles surrounded what appeared to be a bloodsoaked sidewalk outside the school, and several yellow ambulance vehicles were seen speeding from the scene after victims were carried from the building on stretchers and loaded in the vehicles.

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