The U’s long-standing policy prohibiting guns on campus may crumble under the weight of a new legal opinion released Friday by Attorney General Mark Shurtleff.
Asked by legislative leaders to review governmental policies on guns, Shurtleff responded with a formal opinion outlining illegal bans at the U, foster homes, day cares and certain state agencies.
The state Legislature is the only body that can restrict the use of guns, or authorize other agencies to restrict gun rights, according to Utah law.
While lawmakers have given such authorization to primary and secondary schools, religious institutions and private residences among others, colleges and universities cannot limit a person’s right to bear arms, Shurtleff says.
But the U has enforced multiple policies that restrict gun rights for years.
No students, faculty or staff member can carry guns on campus, according to U policies and procedures. Administrators may discipline those caught violating these policies.
Shurtleff’s opinion states that these policies illegally stop Utahns from carrying concealed weapons on campus.
Shurtleff believes the U’s policy stopping students from storing guns in dorm rooms also violates state law, which allows Utahns to house guns in their “place of residence or temporary residence, which could include a dormitory or other on-campus housing,” according to the opinion.
Shurtleff’s opinion has no legal effect, but lawmakers may use his opinion to create new laws or force state agencies to abandon the illegal policies.
Until that happens, U administrators plan to stick to their policy, according to U spokeswoman Coralie Alder.
“It is our belief that the classroom is not the place for concealed weapons. It is not in anyone’s best interest to have concealed weapons on campus,” she said.
U legal council is now reviewing the policies as they pertain to state laws.
“We have not received anything from Attorney General Mark Shurtleff and until we do we will have to wait and see what happens,” Alder said.
At least one administrator is worried that guns in dorm rooms could lead to lethal accidents.
“A student could be cleaning their gun and accidentally discharge it. The bullet could go into another room or another floor. Our policy is a safety precaution on our part,” said Dan Adams, assistant vice president for residential living.
Students living on campus who need access to guns, such as those involved in ROTC, are required to lock them up at the U Police Department.
The police secure all student guns in lockers that need both the student and an officer to unlock, like a “safety deposit box,” said Ben Lemmon, U police chief.
Both Lemmon and Adams said no student has complained about the policy.
“As the Residence Halls Association, we fully support the policy,” said Megan Cunha, RHA president.
The police department must also OK any request to carry a concealed weapon on campus, according to the criteria set up by former U President Jerilyn McIntyre in 1998. The criteria includes those who are police officers and documented victims of stalking.
“So far, since 1998, no one has met the criteria. I would imagine that could be challenged. I fully believe that it will be. My position is to support whatever the university’s policy is whether I agree or disagree with it,” Lemmon said.
The U has fought against concealed weapons publicly for some time.
In March of 2000, the Academic Senate voted 57-13 on a resolution favoring a ballot initiative that would ban all guns from schools and churches.
The initiative failed due to an insignificant number of signatures, but it gained the support of not only the Academic Senate, but from student leaders and administrators as well.
The Safe to Learn, Safe to Worship coalition is once again trying to get enough signatures to put the initiative on the 2002 ballot.