By Julia Skelton

A state judge's decision to uphold the University of Utah's 27-year-old policy not allowing firearms on campus has sparked a human rights debate among gun control critics and supporters.

The Utah Attorney General Mark Shurtleff filed an appeal to Third District Judge Robert Hilder's Aug. 29 ruling. Hilder's decision directly opposed a state law enacted by the 2003 Legislature, which allows authorized individuals to have concealed firearms on school property for the right of self-defense.

In light of the University of Utah's battle to keep firearms off campus, other Utah universities are putting a hold on any additional policy until the issue comes to a resolve in courts.

"We're taking a 'wait and see' stance," Mark Peterson, Dixie State College's public relations director said. "We want to see how the University of Utah's policy stands up in court."

Shurtleff asserted that according to state law, Utah's schools and universities must allow permit holders to carry concealed handguns into the classrooms and dormitories.

BYU has a strict firearm policy prohibiting the possession of any weapon on campus, but because BYU is a private university its campus is considered private property. This allows the university to prohibit the possession of firearms on campus without breaking any laws.

"Gun bans do not reduce violent crime, no matter how well intentioned or how stringent," said Elwood Powell, president of the Utah State Rifle & Pistol Association. "While we want to keep armed criminals out of schools and everywhere else, we refuse to disarm law abiding citizens."

The University of Utah claimed that because the school policy only restricts the faculty and student possession of weapons, no state laws or rights are trodden upon. The policy still allows visitors and community members to have a firearm on campus property.

One other university has felt its firearm policy under fire with the University of Utah's prosecution.

Weber State University's policy says, "No individual, except on-duty law enforcement officers, may have weapons in his/her possession at any time on University property."

"Our policy is still under review pending the outcome of the [University of Utah's] legal process," Weber's Director of Media Relations John Kowalewski said. "WSU has been monitoring the court proceedings. The law is in flux right now, so we continue to watch developments in the case as they relate to our policies and procedures."

Hilder excused himself from the University of Utah case on Oct. 10 because he felt that the public had lost confidence in his ability to rule impartially. Although he denies any wrongdoing or bias, comments made by Shurtleff and Sen. Michael Waddoups, R-Taylorsville, in a local newspaper damaged the public faith, which Hilder feels is just as compromising as an actual bias.

Other educational districts have protested the law allowing firearms on school property including the Salt Lake and Park City School districts. Officials from each district feel that although they have reluctantly changed their policies, they wish to be openly vocal about their disagreement with the law.

Many Utah university campuses currently do not have a policy restricting gun possession for students or faculty members but may enact such a policy if the University of Utah is allowed to retain its firearm policy.

"We welcome the proceedings to help define the situation," Derek Hall said, director of the College Relations Department at Utah Valley State College. "If we are able to limit guns on campus to make it a safer place then we will. If not, we will educate our population to the law and its requirements."

There is also a debate about whether allowing firearms on the campus will impede a student's ability to learn by compromising the safe and caring environment.

"I don't think it changes it at all," said Jeff Martin, a 22-year-old student at UVSC.

Martin is also a handgun owner and concealed weapon permit holder.

"The only person who knows you have a gun is you," he said. "Nobody should know that you have a gun. In fact, it can be illegal if others know and misinterpret your carrying a gun as a threat. So since nobody knows, it shouldn't change the environment at all."

Although state law requires the universities to allow concealed weapon permit holders to bring firearms to school, campus law enforcement agencies work hard to make sure that concealed weapons do indeed remain concealed.

"If the public can see the weapon, then it is not concealed and most likely will create a problem with those who have observed it." Robert Wright, Snow College's director of public safety said. "[In a case like this], campus police would most likely be called and we would handle it just like any other 'man with a gun' call."

Martin does not intend to bring his gun to school on a regular basis.

"Not to say I wouldn't have it once in a blue moon, but school is a place where I feel safe and would not need a gun for any reason," he said.

According to a study conducted by the Center for Disease Control released Oct. 3, there were 28,663 firearms-related deaths in 2000. This creates an average of 79 a day. That same year there were 193 firearm deaths in Utah.

The same study concluded that the federal Gun-Free Schools Act requiring state law on punishment of students found with firearms in school detected less than 4.3 percent of firearms brought to school campuses by 12th grade students.

"It is important to ask how a ban on legally carried self-defense guns in Utah schools would produce any beneficial results," Powell said. "This is especially true when it is already illegal under both state and federal law for non-permit holders to have guns in schools. Harris and Klebold, [the Columbine student shooters], ignored the law at Columbine [High], and disarming carefully screened adults simply makes no sense."

The District of Utah Court stated that the University of Utah officials "generally claim that the University has the right to create and maintain, free from government interference, an atmosphere that is the most conducive to the uninhibited exchange of ideas among teachers and students."

Waddoups introduced the bill allowing firearms on school property to the Legislature.

"All citizens should be allowed to protect themselves unless the government is in a position to protect them," he said. "Having a concealed weapon is the best option [to ensure student safety] in addition to the campus security. Before we try to take weapons of self protection away from law abiding citizens, we should do more to take them away from the criminals."

Powell said he supports Waddoups.

"He said that when schools institute procedures to insure that all of the bad guys are kept off the premises, then he will consider enacting a law banning firearms from those with concealed carry permits, and perhaps law enforcement also."

The Utah Constitution reads, "The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms."

"The legislators are very familiar with the requirements to get a concealed weapons permit, the miniscule number of problems with permit holders, and the risks and benefits of armed, law abiding citizens," Powell said. "The activist news editors seem to believe a bunch of anti-gun rights propaganda and ignore the facts."

All Utah universities seem to share the same sentiments about student and public safety.

"As always, we are concerned with the safety of our students and our employees first," said Dean O'Driscoll, assistant to the president for university relations at Southern Utah University. "We will follow and obey all state and federal laws and try to maintain the highest possible level of safety for everyone on campus at the same time."



Copyright Brigham Young University 6 Jan 2004