LETTER: Gun policy decision right

To the editor:

In response to the editorial titled “Gun Policy Should Not be Legislated” of 20 September, I comment not on the place of firearms at universities, but on the place of universities, and courts when it comes to the law. The Third District Court did not “limit the U of U’s [University of Utah] campus policy against weapons,” nor was their decision “shortsighted” or farsighted for that matter. The Third District Court did its job and ruled on law compliance and not law wisdom. The law limits the University of Utah’s policy against weapons. For questions regarding the wisdom of law, or the distance of view thereunto, ask the legislative branch whose job is to-well, legislate. One need not be a judge to know the University of Utah is not in compliance with the law. The President of that university or any other state university does not have the legal right to prohibit, or even establish policy against, firearms.

Here is what the Utah State Code says about it: Title 53B-State System of Higher Education Chapter 3-Enforcement of Regulations Section 101-Purpose of Chapter (2) The board may delegate this authority and other authority granted under this chapter to the president of each institution… Section 103-Power of board [or President as in 53B-3-101.2 above] to adopt rules and enact regulations. (1) The board [President] may enact regulations governing the conduct of university and college students, faculty, and employees. (2) (a) The board [President] may: (ii) authorize higher education institutions to establish no more than one secure area at each institution as a hearing room as prescribed in Section 76-8-311.1, but not otherwise restrict the lawful possession or carrying of firearms. “No more than one secure area,” where firearms can be prohibited and that one area is a hearing room in the police station (see Section 76-8-311.1). So perhaps gun policy should be legislated. You don’t have to take my word for it, read it yourself at http://le.utah.gov/~code/code.htm.

Michael Mamanakis