Cases & Developments

Opinion affirming summary judgment in favor of the University. Plaintiff-Appellant, a holder of an Arkansas Enhanced Concealed Carry License (ECCL), sued Arkansas State University seeking declaratory judgment that ECCL holders may enter the First National Bank Arena on the University’s campus with a firearm and an injunction barring the University from denying admission to the Arena to ECCL holders with a firearm. Arkansas law does not permit public universities discretion to prohibit firearms on their premises. The Arena, however, is covered by an Alcoholic Beverage Control (ABC) permit, held by NEA Sports Club, and Arkansas statute does permit an establishment operating under and ABC permit to deny entrance to an ECCL holder, so long as appropriate signage or notice is provided. In affirming summary judgment in favor of the University, the Supreme Court of Arkansas found that the Arena may lawfully prohibit firearms in order to maintain its ABC permit.  

Opinion affirming summary judgment in favor of the University.  In 2015, plaintiff sued the University of Michigan after it denied his request for a waiver to its ordinance prohibiting the possession of firearms on campus.  In 2022, the Michigan Supreme Court remanded his Second Amendment challenge for consideration in light of the U.S. Supreme Court’s decision in NY State Rifle & Pistol Ass’n, Inc. v. Bruen.  On remand, the Court of Appeals of Michigan affirmed summary judgment, holding that although plaintiff’s proposed conduct is presumptively protected by the Second Amendment, the University is a “school” and, accordingly, a “sensitive place” where carrying arms may nevertheless be prohibited consistent with the Second Amendment.  

Opinion affirming dismissal. Plaintiffs, five professors in the University System of Georgia, challenged a 2017 statutory amendment removing public colleges and universities from the definition of a “school safety zone,” alleging that the amendment unconstitutionally infringes upon the Board of Regents’ constitutional authority to govern, control, and manage the System and its member institutions. The Supreme Court of Georgia affirmed dismissal, noting that the Board had adopted a gun policy consistent with the statutory amendments. Because it was Board’s action that authorized the policy at issue in the complaint, the Court held that the professors’ case against the State is moot.