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University of Utah v. Shurtleff, 144 P.3d 1109 (2006) 213 Ed. Law Rep. 832, 560 Utah Adv. Rep. 16, 2006 UT 51 Durham, C.J., filed an opinion concurring in part and dissenting in part. 144 P.3d 1109 Supreme Court of Utah. Procedural Posture(s): On Appeal; Motion to Dismiss; UNIVERSITY OF UTAH, a body corporate Motion for Summary Judgment. and politic under Utah law, and Michael K. Young, President of the University West Headnotes (24) of Utah, Plaintiffs and Appellees, v. [1] Appeal and Error De novo review Mark L. SHURTLEFF, Utah Attorney General, Defendant and Appellant. When material facts are not in dispute, the Supreme Court focuses solely on the legal basis No. 20030877. for the district court's ruling, which the Supreme | Court reviews de novo. Sept. 8, 2006. Synopsis [2] Appeal and Error Statutory or legislative Background: University of Utah sued the State Attorney law General in state court, seeking a declaration that its firearms Supreme Court reviews de novo a district court's policy was contrary to neither the Uniform Firearms Act, nor interpretation of constitutional provisions, the Concealed Weapon Act. In the alternative, the University granting it no deference. sought a declaration that the state constitution guaranteed it institutional autonomy over firearms regulation, thereby 1 Cases that cite this headnote allowing it to continue to enforce its firearms policy in spite of any contrary Utah law. The Attorney General moved to dismiss the suit, and the University countered with a motion [3] Education Regulation of campus; conduct for summary judgment. The Third District Court, Salt Lake, of visitors Robert K. Hilder, J., denied the Attorney General's motion Weapons Violation of other rights or to dismiss and granted the University's motion for summary provisions judgment. The Attorney General appealed. As a matter of first impression, University of Utah's firearms policy, prohibiting its students, faculty, and staff from possessing firearms on Holdings: The Supreme Court, Parrish, J., held that: campus, was not legislative in nature, but instead a contract with its students and employees; as [1] University's firearms policy, prohibiting its students, such, its adoption by the University did not faculty, and staff from possessing firearms on campus, was violate the constitutional directive that only the not legislative in nature; legislature shall “defin[e] the lawful use of arms.” West's U.C.A. Const. Art. 1, § 6. [2] University does not possess autonomous powers that 1 Cases that cite this headnote allow it to act in contravention of legislative enactments; and [3] Utah Constitution does not grant the University authority [4] Constitutional Law Instrument as a whole to promulgate firearms policies in contravention of legislative Constitutional Law Harmonizing enactments. provisions When interpreting the state constitution, the Supreme Court strives to harmonize So ordered. constitutional provisions with one another and © 2020 Thomson Reuters. No claim to original U.S. Government Works. 1 University of Utah v. Shurtleff, 144 P.3d 1109 (2006) 213 Ed. Law Rep. 832, 560 Utah Adv. Rep. 16, 2006 UT 51 with the meaning and function of the constitution as a whole. [10] Weapons Power to regulate The legislature's power to “defin[e] the lawful 1 Cases that cite this headnote use of arms” under the state constitution must necessarily be exercised through its lawmaking [5] Constitutional Law State constitutions power because the legislature has no other constitutional authority to define suggested The Utah Constitution is not one of grant, but one firearm use; indeed, its only mechanism for of limitation. “defining the lawful use of arms” is through legislative enactment. West's U.C.A. Const. Art. 1, § 6. [6] Constitutional Law Meaning of Language in General When the Supreme Court interprets [11] Municipal Corporations Construction and constitutional provisions, its starting point is the Operation textual language itself. Statutes Extraterritorial operation 1 Cases that cite this headnote When a legislative body, whether of the state or of a local government, enacts a statute or an ordinance, that law applies to everyone within [7] Weapons Power to regulate the geographical area over which that body has Even though the legislature possesses the state's jurisdiction. “whole lawmaking power,” it cannot use that power to infringe on the individual right to “keep 1 Cases that cite this headnote and bear arms” as recognized under the state constitution. West's U.C.A. Const. Art. 1, § 6. [12] Administrative Law and Procedure Legislative rules; substantive rules [8] Weapons Power to regulate When an administrative agency promulgates Weapons Violation of right to bear arms a regulation in accord with the legislative While the legislature cannot infringe on the power delegated to it by the state legislature, individual right to “keep and bear arms” as the regulation applies to everyone over whom recognized under the state constitution, it may the agency has jurisdiction by virtue of their “defin[e] the lawful use of arms”; by definition, involvement in a particular endeavor that the then, a legislative act defining the lawful use state has authority to regulate. of arms does not “infringe” upon the individual right to bear arms. West's U.C.A. Const. Art. 1, 1 Cases that cite this headnote § 6. [13] Education Nature and status in general As a corporate entity engaged in the enterprise [9] Constitutional Law Nature and scope in of higher education, the University of Utah general is distinct from an administrative agency that Because the state's “whole lawmaking power” is may exert authority over an entire industry or vested in the legislature, only the legislature may occupation. “defin[e] the lawful use of arms,” as provided in the state constitution, unless it delegates that power to another governmental entity. West's [14] Education Regulation of Institution in U.C.A. Const. Art. 1, § 6. General © 2020 Thomson Reuters. No claim to original U.S. Government Works. 2 University of Utah v. Shurtleff, 144 P.3d 1109 (2006) 213 Ed. Law Rep. 832, 560 Utah Adv. Rep. 16, 2006 UT 51 Because applicable provision of state Constitutional Law Proof beyond a constitution reserves to the legislature the power reasonable doubt of “general control and supervision” over the When confronted with a constitutional challenge state's higher education system, the legislature to a statute, the Supreme Court presumes has the ability to generally manage all aspects of the statute to be constitutional, resolving any the University of Utah; no other constitutional reasonable doubts in favor of constitutionality. language restricts the legislature from exercising this power, and the legislature has not passed 2 Cases that cite this headnote any statutes ceding its authority. West's U.C.A. Const. Art. 10, § 4. [20] Constitutional Law Plenary power The legislature possesses plenary authority to regulate the University of Utah unless a [15] Education Regulation of Institution in constitutional provision provides to the contrary. General University of Utah does not possess autonomous powers that allow it to act in contravention of [21] Constitutional Law Judicial Authority and legislative enactments. West's U.C.A. Const. Art. Duty in General 10, § 4. Constitutional Law Policy The Supreme Court is not free to disregard [16] Constitutional Law Plain, ordinary, or constitutional and statutory language on the basis common meaning of policy considerations. The cardinal rule of constitutional interpretation is to begin with the plain language of the [22] Constitutional Law Invalidation, provision in question. annulment, or repeal of statutes 2 Cases that cite this headnote Unless it appears so clearly beyond a reasonable doubt that there is some violation [17] Constitutional Law General Rules of of a constitutional provision, or irreconcilable Construction conflict therewith, the courts should leave that responsibility where the constitution expressly Constitutional Law Instrument as a whole placed it: with the legislature. For purposes of constitutional interpretation, the Supreme Court attempts to employ an “objective” analysis and avoids examining the [23] Education Nature and status in general language in “isolation.” Education Regulation of Institution in General [18] Constitutional Law Harmonizing Although the University of Utah has broad provisions powers, it is not completely autonomous, and it is ultimately subject to legislative oversight; policy When confronted with potential conflicts considerations, no matter how persuasive, cannot between constitutional provisions, the Supreme dictate a contrary interpretation. West's U.C.A. Court construes them in a manner to harmonize Const. Art. 10, § 4. them with one another. 1 Cases that cite this headnote [19] Constitutional Law Presumptions and [24] Weapons Power to regulate Construction as to Constitutionality © 2020 Thomson Reuters. No claim to original U.S. Government Works. 3 University of Utah v. Shurtleff, 144 P.3d 1109 (2006) 213 Ed. Law Rep. 832, 560 Utah Adv. Rep. 16, 2006 UT 51 The Utah Constitution does not grant the University of Utah authority to promulgate FACTUAL AND PROCEDURAL BACKGROUND firearms policies in contravention of legislative enactments. West's U.C.A. Const. Art. 10, § 4. ¶ 3 The University is a public university established by Utah's constitution and statutes. Over 44,000 students, faculty, and staff comprise the University community. The main campus includes not only the requisite classrooms and offices but also an assortment of facilities ranging from an extensive health Attorneys and Law Firms sciences complex to a preschool. In addition, it includes facilities frequented by guests of the University, such as a *1111 Alan L. Sullivan, Todd M. Shaughnessy, Amy F. 46,000–seat football stadium, a 15,000–seat indoor arena, and Sorenson, Salt Lake City, for plaintiffs. cultural and entertainment centers. Mark L. Shurtleff, Att'y Gen., Brent A. Burnett, Asst. Att'y Gen., Salt Lake City, for defendant. ¶ 4 Utah's Enabling Act requires the University to “forever remain under the exclusive control of” the State of Utah.

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