Gun Rights Wins

David Kopel at the Volokh Conspiracy has a major gun rights victory at the University of Colorado, in which a guns rights advocacy group has won a lawsuit allowing concealed carry on campus.

Colorado’s licensing statute for carrying a concealed handgun for lawful protection is explicitly preemptive. The University of Colorado bans concealed carry anyway, arguing that there is an implicit exception applicable to CU. The Mountain States Legal Foundation brings a suit on behalf of SCCC. The trial court dismisses for failure to state a claim. The Court of Appeals unanimously reverses the dismissal, and remands the case for further proceedings. The Court of Appeals holds that: 1. The statutory claim under the Concealed Carry Act should not have been dismissed, because there is no exemption for the University of Colorado. 2. The constitutional claim under the Colorado Constitution’s right to arms provision should not have been dismissed; the proper standard of review, under Colorado case law, is “reasonableness”, which is a higher standard than rational basis.

And in another major gun rights win, Arizona has passed a law allowing concealed carry without a permit. William Teach at Right Wings News comments.


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