USU ban on guns possible, pending U of U suit
After a recent rampage at the University of Arizona, where a nursing student shot three professors before killing himself, the debate on whether universities should be allowed to ban guns has become a national issue.
In Utah, guns have been a hot topic for much longer.
The University of Utah is at the center of the debate, having filed a lawsuit against Utah Attorney General Mark Shurtleff to defend its right to ban guns on campus. Utah is the only state that does not ban guns at state institutions, according to a Nov. 3 article in the Deseret News.
Utah State University does not prohibit students or faculty from carrying guns on campus legally, but students who want to live in dorms must agree to a no-gun clause in their contracts.
Craig Simper, legal counsel for the university, said while USU does not restrict people with concealed weapons permits from carrying guns on campus, it does support the University of Utah’s lawsuit.
He said the issue is not about guns, but about the university’s right to provide academic freedom to its faculty and students. The First Amendment guarantees the right of universities to make rules and regulations regarding their campuses, Simper said.
“We believe that it’s the university’s constitutional right of academic freedom,” he said.
Simper said he has spoken extensively with President Kermit L. Hall on the matter. Hall fully supports the University of Utah’s policy to ban guns, he said.
USU filed a brief in the lawsuit, supporting the U of U’s position. If the judge rules in favor of the University of Utah, Simper said, there will be discussion about implementing a similar policy for the Aggies. While he doesn’t know what results of the discussion would be, he said “it’s quite possible” a no-gun rule would be put in place.
Utah Attorney General Mark Shurtleff said in the Deseret News article he is simply trying to enforce state law, which says only the Legislature has authority to enact gun-control legislation. State institutions like the University of Utah do not have such authority, he said.
U of U law students argued recently in letters to the editor of the Utah Daily Chronicle, the student newspaper, that banning guns did not deter incidents like the shootings at the University of Arizona.
David Sundwall wrote, “As economist John Lott argued here at our law school a few weeks ago, allowing law-abiding citizens to arm and defend themselves is the best way to decrease crime. Just the mere prospect that someone else in that classroom might have been armed could have been enough to deter the killer from even attempting to kill or at least stop him from further killings.”
Arnold Astorga, another law student wrote, “If criminals are going to carry guns in defiance of the law and school policy, then the only ones affected are law-abiding students who are denied their most effective means of self defense.”
In order to receive a concealed weapons permit, a person must pay a $59 fee, submit two letters of reference, have fingerprints taken, undergo a background check, send two photos and a copy of a driver’s license, and pass a weapons familiarity certification course.
Holly Smith, a USU junior majoring in Spanish, said there are a lot of women on campus who are afraid of rape, and they should have the right to carry a weapon for defending themselves.
“If you ban guns, the people who aren’t allowed to have them are probably going to have them anyway, and the people who are honest and responsible about it won’t have them and won’t be able to protect themselves,” she said.
Matt Sinfield, a junior majoring in welding engineering, said the university should be able to ban guns on campus.
“I don’t think guns have a place in school,” he said.
Carrie Delgado, a senior majoring in both elementary education and Spanish, said it depends on the mental condition of the person carrying the gun, but sane people should be allowed to carry concealed weapons if they have permits.
-royburton@cc.usu.edu