MU professor asks for early decision on concealed carry lawsuit
A University of Missouri law professor wants an early, but temporary, decision on his concealed carry lawsuit against the school.
Professor Royce D. Barondes sued the UM Board of Curators for rules and regulations that he argues conflict with the Missouri Constitution. After a transfer to federal court, the lawsuit went back to the Cole County Circuit Court for further argument. The three-count suit seeks to allow Barondes to carry concealed his firearm on “Curator-controlled property,” since the school’s rules conflict with a voter-approved constitutional amendment, known in August 2014 as “Amendment 5.” The amendment explains that any gun law must pass “strict scrutiny,” and Barondes argues the rules “are not ‘narrowly tailored to achieve a compelling interest.'”
Attorneys for Barondes filed a motion for preliminary injuction in the case, on the issue of allowing the professor to keep his gun in his car while on school property. The current University rule stops employees from storing a gun in their cars, but attorneys Edward Greim and Alan Simpson say it directly conflicts with state law allowing such conduct.
“The questions is simply whether the regulation barring all firearm possession conflicts with Prof. Barondes’ right to drive to the office, keep his firearm in his locked vehicle, and then drive home,” the motion reads. “”It will at least allow Prof. Barondes to carry his concealed weapon with greater regularity, as he will be able to travel to the office without having to return home to deposit his weapon.”
State law allows state employees to carry weapons in their cars on state property, “provided that the vehicle is locked and the firearm is not visible.” While that law only applies to employees of the “executive, legislative and judicial” branches of government, another state law reads that public school employees keeping guns in their car “shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.” School rules say having a gun in a car on school property can lead to expulsion or prosecution for first-degree trespassing.
The Board of Curators argued in its response to Barondes’ original lawsuit that the Missouri Constitution allows them “the authority to govern the state University and to issue regulations applicable to students, employees, and the general public.” Greim and Simpson say the school’s “bold claim” must be wrong.
“The Board and its agents are still subject to regulation by the legislature, and cannot act contrary to Missouri law or broaden the scope of its own authority.”
