By Elise Christenson
With shots being fired by parties on both sides of the University of Utah gun debate, BYU previously has remained outside of the crosshairs.
However, with BYU filing an affidavit in federal court for the University of Utah, some wonder if BYU may soon come under the hunter''s scope.
'There might be a tendency to look at this as an isolated issue to the University of Utah and it is not,' said Fred Esplin, assistant to the president for University of Utah communications. 'It''s something that has a direct, immediate consequence to everyone who works and studies at the Y.'
As written, Utah''s concealed firearms law seems clear enough. It states, 'The permit is valid throughout the state, without restriction,' but makes exceptions for primary and secondary schools, private residences, places of worship, airports, prisons and mental hospitals.
With no exemption for higher education, public or private, it can be interpreted that concealed weapons - when accompanied by a current Utah concealed weapons permit - could be permitted on college campuses.
Sen. Michael Waddoups, R-Salt Lake City, who wrote the concealed firearms law, said the legislative intent of the bill was to allow firearms on all entities not exempted by law.
'Universities both public and private are in violation of the law if they prohibit (concealed permit) holders to carry on campus,' he said. 'BYU should be sued for nonconformance of the law.'
However, Sen. John Valentine, R-Orem, said the law is not as straightforward as Waddoups suggests.
'When you deal with private property rights it''s less clear,' he said. 'There''s a balance that occurs in the Constitution between your private property rights and the right to bear arms.'
Sarah Thompson, executive director for Utah Gun Owners'' Alliance, labels this area of the law as a 'gray area.'
'BYU is probably technically in violation of Utah law,' she said. 'But I don''t like the idea of a government telling a church or school what they do.'
According to a Deseret News poll, an estimated 64 percent of Utahns said they feel private entities should have the authority to ban guns.
Carri Jenkins, assistant to the president for university communications, said BYU''s firearm ban has never been contested.
'We believe that BYU, as a private property holder, has the right under federal and state constitution to establish reasonable policies regarding safety issues on our campus,' she said.
However, William Smith, secretary for the Utah chapter of the National Rifle Association, said BYU does not have the right to ban guns because it opens itself to the public with sports facilities, museums, auditoriums, roadways and parking.
'Since I feel BYU has public access, I feel they do not have the right to restrict the Second Amendment,' Smith said.
Beyond BYU, other private entities are watching the University of Utah''s case as well. If private universities are added to the fray, it opens the door to looking at other private properties.
'The Legislature can regulate firearms to a degree with private businesses,' said Richard Hill, legal counsel for Weber State University. 'The Legislature has some authority to regulate public safety, even with regards to private property.'
The E-Center and the Delta Center both ban guns, as do many church-owned facilities such as the Family History Library.
Even the state''s law enforcement agencies are uncertain whether firearm bans should be enforced on private property.
'It is the attorney general''s job to enforce the law. We have laws, we plan to obey those laws, and the attorney general''s office plans to uphold those laws,' said Paul Murphy, spokesman for the attorney general''s office, regarding the University of Utah case.
However, since Utah law does not specifically distinguish between public and private entities with respect to firearm laws, some wonder why the attorney general is singling out the University of Utah.
Murphy declined to comment about the attorney general''s position concerning private property.
'Right now it''s not our fight,' he said. 'We aren''t comfortable commenting on whether it is or is not against the law right now.'
Shurtleff was reluctant to comment as well, saying he had not released an official opinion.
However, when pressed whether he would pursue a lawsuit against BYU, he said, 'I don''t plan on doing it because then we''re talking about private property rights.'
Valentine said that without an official opinion from the attorney general''s office, the law will continue to be gray.
In the meantime, if Westminster College''s weapons ban is challenged, Phil Alletto, Westminster''s vice president for student development, said the private college will not back down.
'There are some things that are worth being sued for,' he said.