Colorado Sheriff, vows to not, enforce CSU gun ban..

[virginia mountainman]

During discussion of the resolution, Sen. David Ambrose, who helped draft the document, read an e-mail statement by Larimer County Sheriff Jim Alderden saying Alderden's office would "not hold or detain a valid permit holder who violates that policy, nor would his department have anything to do with enforcing that policy."

Alderden also said he did not believe unelected university officials have any authority to enact such a ban, which would "directly counter" Colorado law.

Well now! Who will "enforce" their little new rules??? They will learn that their "rule" is not "law" real quick....

http://media.www.collegian.com/media/storage/paper864/news/2009/12/03/News/Ascsu.County.Wont.Enforce.Gun.Ban-3844240.shtml

"I think whenever you create a gun-free zone, you have an opportunity for criminals to act with impunity," Larimer County Sheriff Jim Alderden said.

The Student leaders also spoke on this issue...

Wednesday night, the student governing body voted 21-3 in support of keeping CSU a conceal-and-carry campus. Five student senators were absent or did not vote.

The student leaders will now submit their resolution to the CSU president for consideration.

Author of the bill, CSU Junior Cooper Anderson said, "We wrote this bill because we felt that a student should have the right to self defense on campus. We don't believe that crime stops at a campus' borders."

http://www.9news.com/news/article.aspx?storyid=128141&catid=339

[eqfan592]

1. Good for them!

Hopefully this crap won't stand and things will go back to normal. Like Cooper Anderson said, crime doesn't stop at a campus border.

[Euromutt]

2. There's no real reason why he should

Any prohibition on carrying firearms on campus would be university policy, not law, and a violation of that policy would be a disciplinary offense, not a criminal offense, so there's no reason it should be the sheriff's job to enforce the policy. I'd go so far as to say that it is positively not the sheriff's job to enforce what is not actually law.

[GreenStormCloud]

3. If I attended CSU, I would simply ignore the rule.

Concealed means CONCEALED. Nobody is supposed to know that I am carrying. My gun of choice would be a Kel-Tec P3AT with Crimson Trace laser, carried in trousers front pocket. For a holster, I would use the nylon case that it comes in. It comletely shields the outline of the gun, yet allows quick access.

Naturally, I would live off-campus.

And I would not tell anyone.

[PavePusher]

4. I agree 100%...

except that ideally, Civil Rights should not require concealment.

[PavePusher]

5. Alderden for President! n/t

[rd_kent]

6. Well now, law enforcement that DOES NOT WANT A GUN FREE ZONE.....

What say you now? (To those that want guns banned)

[spin]

7. CSU has its own police department...

obviously if CSU finds out that an individual has a firearm on campus, they can contact this agency to have the person removed.

The interesting part is that all the members of this department and deputized sheriffs of Larimer County. The question may be who is at the top of the chain of command; the sheriff of the county or the Vice President of Administrative Services.

The Colorado State University Police Department is a full service law enforcement agency devoted to the welfare of the university community. All Colorado State University police officers are armed and have full law enforcement authority on all property owned or controlled by Colorado State University and the State of Colorado.



In addition, sworn members possess peace-officer commissions and are certified officers of the City of Fort Collins. Furthermore, CSU police officers are deputized sheriffs of Larimer County. The Colorado State University Police Department encompasses the following divisions: investigations, patrol, special activities, parking, and the division of management and budgets.



The Colorado State University Police Department reports to the Vice President of Administrative Services.

http://police.colostate.edu/

[GreenStormCloud]

8. Their lawyers are likely smart enough to tell them to use the trespassing laws. N/T

[spin]

9. If a massacre did occur, could the students sue the university? (n/t)

[Hoopla Phil]

12. I would hope so. You deny a person their right to defend themselves

then you assume the responsibility for that persons defense.

[Hoopla Phil]

11. How could you use "trespassing" (as in Wal Mart) if the student has

a signed lease agreement, or valid student I.D., or receipt for tuition paid for that semester?

[Euromutt]

16. Presumably, because the student would be violating the terms of enrollment

To compare, in Washington state, there's no way that a state college or university can make it a violation of criminal law to carry a firearm on campus, but the Student Code of Conduct (to which you implicitly agree when you enroll) includes a provision that you, the student, agree not to bring weapons onto campus. So because you're in violation of the terms on which you're permitted on school property, you're trespassing.

Though as paulsby would point out, such measures have never been tested in court, and it's entirely open to question whether they would pass constitutional muster (the state constitution, that is).

[Euromutt]

10. The chain of command may very well depend on where the CSU cop is operating

I would imagine the City commission and County deputization is to grant CSUPD officers police powers off-campus, so that they can, say, pursue someone who commits a violation or offense on university property but leaves university grounds before he can be apprehended.

The authority of the Vice President of Administrative Services, however, only extends to the boundaries of university property. Meaning that CSUPD officers can only take orders from the Vice President if they apply to university property. Thus, the Vice President could not instruct CSUPD to set up a speed trap on W Elizabeth St or S Loomis Ave, or investigate shoplifting at Big Dog Textbooks, as these locations are off-campus; CSUPD would have to have permission from the Fort Collins chief of police to carry out that sort of activity. Similarly, the county sheriff would have authority to tell CSUPD what they could or could not do in unincorporated parts of Larimer County.

[Hoopla Phil]

13. SCOTUS has ruled that the sheriff is the supreme law of any county.

That question has been settled.

[Euromutt]

14. But does that apply to state property?

The CSU grounds are, strictly speaking, Colorado state property, so while the sheriff may be the supreme law enforcement officer in Larimer County, does that also apply to CSU grounds?

[Hoopla Phil]

15. Absolutely. If there is a dispute between agency's the sheriff's department wins.

[proteus_lives]

17. Now that's a sheriff!

Good for him!