• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Packing in Libraries

L

LoveMyCountry

State Researcher
Joined
Oct 20, 2006
Messages
590
Location
Ocean Shores, WA
imported post

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.
Click to expand...
 
U

unrequited

Regular Member
Joined
Nov 27, 2006
Messages
1,407
Location
Mag-bayonettes!, Virginia, USA
imported post

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.
 
S

Saint

Regular Member
Joined
Jul 18, 2007
Messages
293
Location
Kaneohe Bay, HI USA
imported post

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?
 
A

Allen

Regular Member
Joined
Dec 5, 2006
Messages
67
Location
Rupert, Idaho, USA
imported post

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

LoveMyCountry

State Researcher
Joined
Oct 20, 2006
Messages
590
Location
Ocean Shores, WA
imported post

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
 
L

LoveMyCountry

State Researcher
Joined
Oct 20, 2006
Messages
590
Location
Ocean Shores, WA
imported post

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?
Click to expand...
http://www.ebcl.lib.id.us/ebcl/

LoveMyCountry
 
S

Saint

Regular Member
Joined
Jul 18, 2007
Messages
293
Location
Kaneohe Bay, HI USA
imported post

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
 
I

IdahoCorsair

State Researcher
Joined
Aug 27, 2006
Messages
340
Location
, ,
imported post

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 :cuss:. 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.
 
I

IdahoCorsair

State Researcher
Joined
Aug 27, 2006
Messages
340
Location
, ,
imported post

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.
 
G

G27

Regular Member
Joined
Jun 29, 2007
Messages
573
Location
Kitsap County, Washington, USA
imported post

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? :banghead:
 
I

IdahoCorsair

State Researcher
Joined
Aug 27, 2006
Messages
340
Location
, ,
imported post

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.
 
G

G27

Regular Member
Joined
Jun 29, 2007
Messages
573
Location
Kitsap County, Washington, USA
imported post

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.
 
S

silver nekode

Regular Member
Joined
Sep 6, 2007
Messages
66
Location
Caldwell, Idaho, USA
imported post

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.
 
You must log in or register to reply here.
Top