Montana high court dismisses challenges of campus carry law
HELENA (AP) — The Montana Supreme Court dismissed Wednesday two lawsuits seeking to block a law that will allow firearms to be carried on university campuses in the state, instead directing the suing parties to file their claims in the lower District Court.
The law, which passed the Republican controlled Legislature and was signed by Republican Gov. Greg Gianforte earlier this year, is set to go into effect Tuesday.
The lawsuits sought for the court to stop the law from going into effect until it determines whether it is constitutional. The state Supreme Court stated in dismissing the lawsuits that there are no "urgency or emergency factors" and that the parties should file their claims in District Court instead.
Opponents of the law have raised concern that it overstepped the regents' authority to manage public university campuses in the state, which is enshrined in the state constitution. Supporters of the new law questioned whether the Board of Regents could infringe upon the right to bear arms guaranteed in the state and federal constitutions.
Two separate lawsuits were filed earlier this month by the university Board of Regents and a coalition of former regents, a former commissioner of higher education, the Montana Federation of Public Employees, faculty groups, and students.
The latter lawsuit also challenged laws passed earlier this year that prohibit transgender athletes from participating on women's sports teams at colleges and universities; restrict the ability of student organizations to register fellow students to vote in dorms and dining halls; and require campuses to provide meeting places and other resources to religious, political and ideological student organizations even if they hold views that others find offensive.
The Board of Regents is expected to meet Thursday.