Huckleberry
New member
I understand that you cant carry on school grounds, but does this apply to colleges and university's?
I understand that you cant carry on school grounds, but does this apply to colleges and university's?
Hermannr,
The first case from 1902 doesn't deal with Universities so as you stated doesn't exactly fit. Without more knowledge of law I am not entirely sure if it even applies in any way, of course this is my unlegal opinion. As for the second case it has already been settled and he lost. That case had to do with keeping a firearm in married student housing and it was found that since he chose to live on campus they could restrict firearms in the housing agreement. It didn't have anything to do with actually carrying on campus so even if he wins on appeal it still wont allow carry on campus.
I would like to thank you for the 1902 case I am not sure how I missed it when looking through old cases.
What about private colleges like BYU-I? Can I concealed carry there, esp with a Utah permit? I am visiting for the weekend and will likely be heading on campus for part of my time there.
Idaho Code (IC) § 18-3302J is the law which notes, in section (5)(c):
(c) The authority of the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, to regulate in matters relating to firearms.
While I am not a lawyer (INAL) and this is not advice, here is my conclusion:
Per this law, colleges are given full Idaho state-statutory (state law) authority to regulate Conceal Carry (CC) and not that of Open Carry (OC), that of allowing or banning CC.
Our state Constitution reads in Article I, Sections 1 & 10:
Section 1. INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.
Section 11. RIGHT TO KEEP AND BEAR ARMS. The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person ...
It has been over four years since the landmark 2008 Heller decision on the Second Amendment where the US Supreme Court held that there is an individual right to “carry a weapon for the purpose of self-defense” and for other lawful purposes; Open Carry being the lawful manner of carry.
Robertson v. Baldwin – 165 U.S. 275 (1897),
District of Columbia v. Heller, 128 S. Ct. 2783 – U.S. Supreme Court 2008
McDonald v. City of Chicago, Ill., 130 S. Ct. 3020 – U.S. Supreme Court 2010.
The Heller Court had this to say in comparing concealed carry to Open Carry:
“Likewise, in State v. Chandler, 5 La. Ann. 489, 490 (1850), the Louisiana Supreme Court held that citizens had a right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”"
As such, in light of U.S. Supreme Court rulings, Federal and State of Idaho Constitutions, and State of Idaho laws, the reader has the option to decide whether to Open Carry or not, be it on an Idaho college campus or elsewhere* one chooses in this good State of Idaho.
_______________________________
U.S. Supreme Court information gleaned from: CaliforniaRightToCarry.org
Specifically, this web page: http://blog.californiarighttocarry.org/?page_id=195
*By "elsewhere", I imply and will explicitly state of those locations wherein the reader has both confidence and money to endure the legal onslaught from the local, city, county, state and/or federal gov't for the right to Open Carry.
For me, presently, I've not won any $100Million+ lottery lately (don't play it much, either...).
As such, I go *way* out of my way to avoid federal locations.
Practicing writing one's signature very largely is also the reader's choice.
Hermannr,
The first case from 1902 doesn't deal with Universities so as you stated doesn't exactly fit. Without more knowledge of law I am not entirely sure if it even applies in any way, of course this is my unlegal opinion. As for the second case it has already been settled and he lost. That case had to do with keeping a firearm in married student housing and it was found that since he chose to live on campus they could restrict firearms in the housing agreement. It didn't have anything to do with actually carrying on campus so even if he wins on appeal it still wont allow carry on campus.
I would like to thank you for the 1902 case I am not sure how I missed it when looking through old cases.
Idaho Code (IC) § 18-3302J is the law which notes, in section (5)(c):
(c) The authority of the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, to regulate in matters relating to firearms.
While I am not a lawyer (INAL) and this is not advice, here is my conclusion:
Per this law, colleges are given full Idaho state-statutory (state law) authority to regulate Conceal Carry (CC) and not that of Open Carry (OC), that of allowing or banning CC.
Our state Constitution reads in Article I, Sections 1 & 10:
Section 1. INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.
Section 11. RIGHT TO KEEP AND BEAR ARMS. The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person ...
It has been over four years since the landmark 2008 Heller decision on the Second Amendment where the US Supreme Court held that there is an individual right to “carry a weapon for the purpose of self-defense” and for other lawful purposes; Open Carry being the lawful manner of carry.
Robertson v. Baldwin – 165 U.S. 275 (1897),
District of Columbia v. Heller, 128 S. Ct. 2783 – U.S. Supreme Court 2008
McDonald v. City of Chicago, Ill., 130 S. Ct. 3020 – U.S. Supreme Court 2010.
The Heller Court had this to say in comparing concealed carry to Open Carry:
“Likewise, in State v. Chandler, 5 La. Ann. 489, 490 (1850), the Louisiana Supreme Court held that citizens had a right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”"
As such, in light of U.S. Supreme Court rulings, Federal and State of Idaho Constitutions, and State of Idaho laws, the reader has the option to decide whether to Open Carry or not, be it on an Idaho college campus or elsewhere* one chooses in this good State of Idaho.
_______________________________
U.S. Supreme Court information gleaned from: CaliforniaRightToCarry.org
Specifically, this web page: http://blog.californiarighttocarry.org/?page_id=195
*By "elsewhere", I imply and will explicitly state of those locations wherein the reader has both confidence and money to endure the legal onslaught from the local, city, county, state and/or federal gov't for the right to Open Carry.
For me, presently, I've not won any $100Million+ lottery lately (don't play it much, either...).
As such, I go *way* out of my way to avoid federal locations.
Practicing writing one's signature very largely is also the reader's choice.
You missed the absolutely applicable ruling..."In re Brickley...Idaho State Supreme court ruling 1902.