http://www.cnn.com/2006/EDUCATION/09/10/utah.campus.guns.ap/
Supreme Court strikes down University of Utah gun ban
POSTED: 8:22 p.m. EDT, September 10, 2006
SALT LAKE CITY, Utah (AP) -- The Utah Supreme Court on Friday struck down a ban on guns at the University of Utah, saying campus officials cannot adopt a policy that runs counter to state law.
The university will not immediately lift its ban while the matter is considered in federal court, President Michael Young said.
The 44,000 students, faculty and staff on the Salt Lake City campus have been subject to the university's ban on carrying guns since the 1970s. Those who violate the rule can be expelled from school, although university officials said that has never happened.
Young said the school's interest is in keeping the learning environment safe.
Utah law prevents state and local agencies from restricting possession or use of firearms on public or private property. The university sued Attorney General Mark Shurtleff after he said the law applied to the school.
The university had argued that it had autonomous authority under the state constitution.
The Supreme Court said in a 4-1 ruling that "the university's claim is unsupported by the text of our state's constitution, its historical context or the prior decision of this court."
"The university is subject to Utah law prohibiting it from enacting or enforcing any policy restricting the possession or use of firearms," the court said.
In 2004, the Legislature amended the law to specifically include "state institutions of higher learning," among other things.
Chief Justice Christine Durham was the only dissenter, saying the policy is "necessary to the educational enterprise."
In a statement, Shurtleff called the decision a "victory for the rule of law." He suggested university officials could talk to lawmakers if they want an exception.
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