Case Summary
Issues:
Whether the Colorado General Assembly preempted the authority of the Regents of the University of Colorado to regulate concealed handguns by passing the CCW Act and whether the right to keep and bear arms protected by the Colorado Constitution prohibits the Regents of the University of Colorado from denying the right to keep and bear arms to all students and visitors to campus?
Plaintiffs:
Students For Concealed Carry On Campus (SCCC), LLC, a Texas Limited Liability Company; Martha Altman; Eric Mote; John Davis
Defendants:
Regents Of The University Of Colorado; Stephen Ludwig, Cindy Carlisle, Patricia Hayes, Michael Carrigan, Tom Lucero, Steve Bosley, Kyle Hybl, Paul Schauer, Tilman Bishop, all in their official capacities as Regents; Jim Spice, in his official capacity as Chief of Campus Police, University of Colorado at Colorado Springs; Pam Shockley-Zalabak, in her official capacity as Chancellor, University of Colorado at Colorado Springs; Doug Abraham, in his official capacity as Chief of Campus Police, University of Colorado at Denver; M. Roy Wilson, in his official capacity as Chancellor, University of Colorado at Denver
Amici Curiae:
County Sheriffs of Colorado, Independence Institute, National Rifle Association, Second Amendment Foundation, Rocky Mountain Gun Owners
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Case History
Colorado’s Concealed Carry Act, C.R.S. § 18-12-214, requires concealed handgun permit applicants to undergo an extensive background check to ensure they have no history of substance abuse or criminal activity, are not subject to a protection order, and have demonstrated competency with a handgun. Applicants must be over 21 years of age and must carry firearms completely out of sight. If the local Sheriff concludes that a permit holder is “dangerous,” the Sheriff may deny or cancel a permit; however, fewer than 1 percent of permits have ever been revoked in Colorado. The Act has only four exceptions to the right to conceal carry: locations prohibited by federal law; K-12 schools; public buildings with metal detectors; and private property.
Although the University of Colorado (CU) Board of Regents is among the local governments prohibited specifically from adopting conflicting regulations, the Board of Regents bars those who hold a concealed carry permit from carrying on campus. In addition, CU’s ban is so broad that it violates the Colorado Constitution, which protects the right to keep and bear arms for self-defense.
Before filing their lawsuit, the individual plaintiffs sought permission to carry on campus; all requests were denied. On December 11, 2008, MSLF filed a complaint in El Paso County District Court. On January 30, 2009, the defendants filed a motion to dismiss, and on February 17, 2009, the SCCC filed their response. On April 30, 2009, the Court granted the defendants’ motion to dismiss.
On June 12, 2009, the SCCC filed a notice of appeal. Briefing of the appeal was completed on December 10, 2009. Oral arguments were held on March 23, 2010. On April 15, 2010, the Colorado Court of Appeals reversed the decision of the district court in granting the motion to dismiss and remanded for reinstatement of plaintiffs’ claims and further proceedings.
On June 30, 2010, the Regents filed a petition for writ of certiorari with the Colorado Supreme Court. On July 16, 2010, the SCCC filed an opposition to the petition. On July 27, 2010, the Regents filed a reply.
On October 18, 2010, the Colorado Supreme Court granted the Regents’ petition for writ of certiorari. On December 20, 2010, the Regents filed their opening brief and the Brady Center for the Prevention of Gun Violence filed an amicus brief in support of the Regents. On January 24, 2011, the SCCC filed its answer brief. On February 22, 2011, the Regents filed a reply brief. Oral arguments were conducted on June 8, 2011.
On March 5, 2012, the Colorado Supreme Court issued a decision affirming the Court of Appeals and holding that the Regents may not ban licensed concealed carry on campus. The trial court entered final judgment in favor of SCCC on February 19, 2013.
