Housing contracts amended in response to Supreme Court ruling Written by Staff • Issue: August 16, 2012 • Campus: CU system, CU-Boulder, UCCS • Tags: Board of Regents, Supreme Court • The University of Colorado Boulder and University of Colorado Colorado Springs will amend their student housing contracts in response to the Colorado Supreme Court’s ruling earlier this year.
Both campuses will establish a residential area for residents over age 21 who possess a valid concealed carry permit (at CU-Boulder, University Apartment Graduate Housing). For other residential areas, the student housing contracts will not permit residents to engage in concealed carry. Attendees at ticketed athletics and cultural events on both campuses also will not be permitted to engage in concealed carry.
The campuses made their decisions after engaging in an extensive evaluation of Colorado law, the practices of other universities, and dialogue with students, faculty, law enforcement and other community members.
The amendments to the housing contracts are consistent with those employed in other jurisdictions with concealed-carry laws that are similar to Colorado’s law. By creating a housing option for students with concealed-carry permits, the campuses have attempted to balance the competing interests while preserving campus safety. Each campus will continue to prohibit all other weapons in all housing units, consistent with existing Regent Policy.
Patrick T. O’Rourke, vice president, university counsel and secretary of the Board of Regents, believes that the amendments to the housing contracts are lawful and recognize the unique contractual nature of student housing.
“In contrast to other public buildings, student housing presents a relationship that is essentially landlord-tenant,” O’Rourke said. “Like other tenants in the community, residents in student housing can agree not to bring weapons into a particular living environment.”
In those residential areas where residents may possess a concealed weapon, the housing contract has been designed to promote safety. The resident must store any weapon in a gun safe when it is not physically in the resident’s possession and the resident may not display the weapon in an open manner.