Legality of Carry on BSU Campus

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There seems to be a lot of confusion on this issue. Unfortunately, I am confused as well! I am not a student at BSU, but living in Boise, I do find myself on BSU property from time to time. I was under the impression that there was no law against carrying a firearm on a college campus in Idaho, just school policy, but after asking an Ada County Deputy about it, I am even more confused! He first said carrying concealed with a license would violate city law, but when I pressed the issue, he said actually it would violate state law. In other words, he didn't know! I am not looking for trouble, I just want to know if there is a legal concern with carrying when I am on BSU property. I (and others) would appreciate any information on this issue.

Thanks,
HitBackFirst

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As you can see from the college carry map, it appears that, like most states,gun carry is not banned by Idaho law on college campuses at all.

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Idaho laws reguarding firearms on college and university campus have just now, as of 3/28/2008, gotten extremely diverse and confusing. The legislature passed and governor just signed a new revised version of the idaho preemtion law, http://www3.idaho.gov/oasis/S1441.html

So if i'm reading it correctly, it is now up to the college/university as to how they wish to handle it. Here is what I found on BSU's website: http://www.boisestate.edu/policy/index.asp?section=5&policynum=5


Since you would most likely be considered a visitor, the worst they could do is have you arrested for trespassing. I bet they would just ask you to leave, check the gun at Campus Safety Office, or leave it in your vehicle off, parking off the grounds.

As of now, reguarding colleges and universities in Idaho, check their firearm policy before you go on their grounds armed, the laws have just changed.

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So, in other words, when it comes to "the public," universities have basically the same rights as any property owner. They could have you arrested for trespassing, but they will probably just ask you to leave. That's not so bad, I guess. I would much rather universities not have the right to take any action against those who are lawfully carrying firearms, (as in Utah) but I guess that will have to wait for the time being...

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hitbackfirst wrote:

So, in other words, when it comes to "the public," universities have basically the same rights as any property owner. They could have you arrested for trespassing, but they will probably just ask you to leave. That's not so bad, I guess. I would much rather universities not have the right to take any action against those who are lawfully carrying firearms, (as in Utah) but I guess that will have to wait for the time being...

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No, where do you get this? And where do you get that violating a rule of conduct is 'tresspassing?"?

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Batx00 wrote:

Idaho laws reguarding firearms on college and university campus have just now, as of 3/28/2008, gotten extremely diverse and confusing. The legislature passed and governor just signed a new revised version of the idaho preemtion law, http://www3.idaho.gov/oasis/S1441.html

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And the relevant section is: "(5) This section shall not be construed to affect:
(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."

So what does chapter 21, title 33, Idaho Code say? I bet it says very little.

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Few years back Lawrence Wasden (Idaho AG) stated he wasn't going to pursue weapons charges on people legally carrying on college campuses. Still didn't protect you from tresspassing charges if you refused to leave, but at least protected you from weapons charges. That of course may have changed recently in particular because of the new law that was signed on Thursday.

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Mike wrote:

hitbackfirst wrote:

So, in other words, when it comes to "the public," universities have basically the same rights as any property owner. They could have you arrested for trespassing, but they will probably just ask you to leave. That's not so bad, I guess. I would much rather universities not have the right to take any action against those who are lawfully carrying firearms, (as in Utah) but I guess that will have to wait for the time being...

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No, where do you get this? And where do you get that violating a rule of conduct is 'tresspassing?"?

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I get it from the BSU policy that was posted in this thread saying the following:

The possession, wearing, carrying, transporting, or use of a firearm or other dangerous weapon, incendiary device or explosive is strictly forbidden on university owned or controlled premises or vehicles. This prohibition also extends to any person who may have acquired a government-issued permit or license. Violation of this regulation will result in disciplinary action and sanctions up to and including expulsion, in the case of students, or dismissal from employment, in the case of faculty and staff, or charges of trespass in the case of the public.

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Am I missing something?

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The problem of this reamains that while BSU does indeed have a policy that does not allow either students or visitors to carry, they have no authority to enforce such policies as they are in fact NOT a private organization. They are funded by taxpayer dollars and as such should be considered a subsidiary of the state.

There is no current ruling on this and no legislation defining the ability of BSU or U of I to determin weapon policies as of yet. As such, we are currently working on arranging on OC demonstration on campus soon which will end up in a court ruling that will once and for all determin the legality of carry on campus.

***NOTE***

The attorney general has specified and it is written into Idaho legislation that Colleges and Universitys do not fall under the federal firearms ban that relates to schools. Idaho has full state pre-emption of all lower rulings and thus this should be a no-brainer case if it ever goes to court.

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hey saint really like reading all of what you say . just what do you think of my problom . i wrote about it last night in home invasion.just wondering .coyote1.thanks

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iam talking about my daughter. and the girl trying to sue me :cuss::cuss:

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does any one feel the same when i say if just one of the victoms at vt had been carrying that day we might not have lost so many.you should be allowed if you are allowed to any were else legely sorry for my spelling iam not used to it yet but getting better .

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Yes Coyote, I do agree that VT might have been changed if one of the victims had been carrying.

Glad to see you active on the boards. A tip if I may though... Spelling, punctuation and sentence breaks tend to be highly underrated on a forum. Putting those three things into your posts will have far more people offering feedback and make it much more clear as to the point you are trying to convey.