SALT LAKE CITY -- The Utah Supreme Court struck down a ban on guns at the University of Utah on Friday, saying campus officials cannot adopt a policy that runs counter to state law.
The university had argued that it had autonomous authority under the state Constitution.
"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 Supreme Court said in a 4-1 ruling. "The university is subject to Utah law."
Utah law prevents state and local agencies from restricting possession or use of firearms on public or private property.
University President Michael Young said the ban will remain in place while the school pursues the issue in federal court.
"We hope that, following review of this case in federal court, the issue will be resolved to uphold our long-standing policy of keeping firearms off campus," Young said. "The university's concern throughout this dispute has been to maintain our campus as a safe learning environment where students and faculty can do their work without a threat to their safety and well-being."
The university sued Attorney General Mark Shurtleff after he said the law applied to the school. 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 on the high court Friday.
"The record in this case contains extensive evidence ... that a no-weapons-on-campus policy is necessary to the educational enterprise," she said. "I therefore conclude that the university's policies governing students, faculty and staff are within its authority to govern academic affairs."
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.
The University of Utah in Salt Lake City has more than 44,000 students, faculty and staff.
This story appeared in The Daily Herald on page A1.
Posted in News on Friday, September 8, 2006 11:00 pm
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