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Thread: Packing in Libraries

  1. #1
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    The only place in town that has told me in person and on their written policy letter that guns were not allowed by non-LEO's was our local library. Since they are a publicly funded entity (a local taxing district) I would think that they are pre-empted from making such a restriction. But, the state code only specifically restricts cities and counties from making gun control laws. So, the question is can the libraries keep my guns out?

    LoveMyCountry

    State/local preemption law
    Date updated: Aug 27, 2005 @ 1:14 pm
    TITLE 50, MUNICIPAL CORPORATIONS, CHAPTER 3: POWERS
    50-343. REGULATION OF FIREARMS -- CONTROL BY STATE.
    No city may in any manner regulate the lawful ownership, possession or transportation of firearms when carried or transported for purposes not prohibited by the laws of the state of Idaho.
    TITLE 31, COUNTIES AND COUNTY LAW, CHAPTER 8
    POWERS AND DUTIES OF BOARD OF COMMISSIONERS
    31-872. REGULATION OF FIREARMS -- CONTROL BY STATE.
    No board of county commissioners of any county may in any manner regulate the lawful ownership, possession or transportation of firearms when carried or transported for purposes not prohibited by the laws of the state of Idaho.

  2. #2
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    All of the librarians I've encountered respected the 2nd as much as the 1st especially when some of us decided to OC at a Million Mom March meeting in a Library... Have you looked into how much money is required by the state to define a public instituion instead of a private one? Also, writing the library a letter specifically pointing out the state preemption and asking them to defend their autonomy in respect to their funding might be an easier effort.
    -Unrequited

  3. #3
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    It is my understanding that a library is a public institution and as such falls under state regulations. The only differance would be if the library was connected to a school or (as in the case of BSU) was a privately established institution. I have OCed into the Eagle library at least once or twice and have never had a probblem. Which library did you try to OC in?

  4. #4
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    Careful there! Not all libraries in Idaho are publicly funded. Those in smaller towns may be entirely private entities.

  5. #5
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    This one says that they are not part of the county government, but they are funded by tax dollars. Much like a sewer or water district.

    LoveMyCountry

  6. #6
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    Saint wrote:
    It is my understanding that a library is a public institution and as such falls under state regulations. The only differance would be if the library was connected to a school or (as in the case of BSU) was a privately established institution. I have OCed into the Eagle library at least once or twice and have never had a probblem. Which library did you try to OC in?
    http://www.ebcl.lib.id.us/ebcl/

    LoveMyCountry

  7. #7
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    If it is funded by tax dollars then it is a public institution and thus governed by whatever the law is. As Idaho has full state pre-emption for all county and city ordinances, any public library is legal to OC in. That's my two cents

  8. #8
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    I would generally agree. Then again, BSU has made a policy of expelling students who have firearms on campus. It's a friggin STATE university!!!!! How they get away with this is . Though I'm not sure it's really happened before???

    It's safe to say that you can carry anywhere (not banned by state/fed law) untill told not to by an employee/management. As for them being quasi public quasi private??? Consult an attorney... maybe even the city attorney.... though it's always questionable to trust them or not.

  9. #9
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    I also OC'd for about close to a year in the McCall, Idaho library... granted it's a small town, but it's also getting liberalized by all the Californikators buying up every peice of property they see. No problems, actually the ladies at the counter were real nice all the time, no dirty looks.

  10. #10
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    Corsair, the only reason I could figure a university has the right to expel students is that by being a student there you agree to lose your right to bear arms. Which in theory also goes against the whole "code of conduct" cause a lot of them specifically state they will never violate a student's consitituional rights. Damned if you do, damned if you dont?

  11. #11
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    I hear you on agreeing to be a student. Though Utah just hammered this one out regarding universities... if an institution (like the college) recieves money from the state (i don't know if it was a percentage or just any money), then they can't make any rules contradictory to state law. Idaho is in a similar situation in regards to what laws it has and the situation with the universities, but without the caselaw precedent to resolve the issue. BSU banns firearms for students... but can the ULTIMATELY (after court and appeals) enforce it? I would guess no... but I don't have the money to be the test case, or I probably would.

  12. #12
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    Ya. That's when everytime I go to school, I just CC it so noone cries. It's too expensive to risk the years I put into it and the money, too! But after VT, I decided my life was important, too, and it was a risk I was willing to take.

  13. #13
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    I don't know about BSU, but UofI allows firearms, although with restrictions. I remember doing a walkthrough at the AGR fraternity and seeing rifle/shotgun cases in every single room.

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