Idaho Campus Carry Lawsuit Filed

One of my fellow law students who lives on campus has had enough... details at http://www.uiguncase.com

I find it strange that in a state that DOES NOT BAN or make illegal the carry of a firearm on a college campus that one can be prevented from having a firearm for self-defense IN HIS HOME (No matter who the landlord is!).

He has full support from me assuming all he alledges in the press release is true!

Subscribed!

As a UI grad here are some other things to chew on. This lawsuit only applies to graduate housing, not the dorms or other UI owned on-campus apartments. Yes, there are 21 year olds who live in the dorms etc.

There is no state law that says one cannot have firearms on campus at UI, ISU or BJC, excuse me, BSU. The last time a law came up to cover this under the state pre-emption law, the regulation of firearms was delegated to the schools because none of the politicians in the state wanted to possibly get their hands messy on this one. Each of the 3 major state schools have "rules" that state you cannot carry or have guns on campus and they are enforced by threat of expulsion. Keep in mind those rules only apply to the students. The rules are for both on-campus housing and the campus grounds in general. This post covers UI primarily, but ISU, BSU and the assorted community colleges all have virtually identical rules for firearms and their possession.

As an alumni and literally from the day I graduated I could/can carry on campus and I do every time I go back and visit. That said there were some events I was personally involved in that prompted me to carry on campus anyway. Concealed means concealed at that point.

Here is the statute deferring regulatory power to the school. You'll notice the UI is mentioned specifically, that is because the school was founded before the State existed and is considered a political subdivision of the State of Idaho. Look for subsection 5, part C
http://legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302J.htm Look at

The University rules on firearms in University housing
http://www.uidaho.edu/universityhousing/parents/rules

General University Rules, Focus on Section H
http://www.uihome.uidaho.edu/default.aspx?pid=84882
Subsection C is interesting, they have no legal means of enforcement and as noted in H4, it only applies to students and employees/faculty. The range in Memorial Gym is run by Army ROTC, the general student body no longer has access to it.

Student Code of Conduct, Art VI, Sections 9-12
http://www.webs.uidaho.edu/fsh/2300.html#ARTICLE VI

To sum it all up, if you are a student and are on University property, you have no 2nd Amendment rights unless you are wiling to risk expulsion. It is not illegal, just in violation of the University's rules. They can call Moscow PD, but in the end MPD has no grounds to detain unless you are in violation of city or state law. At most the UI could have a non-student trespassed, which would be hard to do since it is all Idaho owned property. Luckily the Greek System isn't covered under the housing rules. When I lived in-house we had enough guns to arm a small army, and yet with all of the partying we did, no one got shot...

TV interview here: http://www.kxly.com/news/26630602/detail.html

I strongly suggest watching the interview and commenting below the article and video.

I am glad to see someone has finally had enough. I like Vandal am an Alumnus of UI and carried while I was a student and even when I was an employee(my job was associated with carry a lot of UI money around). I also lived in a Fraternity on campus that had firearms and I will admit we had one unintentional discharge that I am aware of but it was more out of stupidity and poor gun handling than anything else(cleaning shotgun and it was loaded, yes he is a moron). We have had guns in the house since the 50's with no major incidents or injuries.

I hope he wins his case but unfortunately as Vandal pointed out it may allow him to keep his firearms in student housing it probably wont change their policy on carry on campus.

Louie86 said:

I am glad to see someone has finally had enough. I like Vandal am an Alumnus of UI and carried while I was a student and even when I was an employee(my job was associated with carry a lot of UI money around). I also lived in a Fraternity on campus that had firearms and I will admit we had one unintentional discharge that I am aware of but it was more out of stupidity and poor gun handling than anything else(cleaning shotgun and it was loaded, yes he is a moron). We have had guns in the house since the 50's with no major incidents or injuries.

I hope he wins his case but unfortunately as Vandal pointed out it may allow him to keep his firearms in student housing it probably wont change their policy on carry on campus.

Click to expand...

Well, of all the things he could have sued over, graduate apartment housing is probably at the apex of what Heller is all about.

Hearing from some of my sources in the state capitol that they want to fix this problem ASAP, at the very least fixing carry/possession in a "home", perhaps even to the point of going like Utah and striking down all University Gun Regulation...

Hey Gray, nice to see you on here and not just on Calguns

Honestly, I wouldn't be surprised if some legislation could get put up asap to get this resolved beyond a lawsuit.

Zhukov said:

Hey Gray, nice to see you on here and not just on Calguns

Honestly, I wouldn't be surprised if some legislation could get put up asap to get this resolved beyond a lawsuit.

Click to expand...

Defending the indefensible is expensive for the defending side. Since it's pro-se, he can't recover attorneys fees, but he can recover all court costs and other costs.

Btw, the Universities INSISTED on having this, but guess who is going to have to pay the taxpayer dollar...the Legislature. So, the Legislature has every right to put a stop to it via passing Legislation. For the short term, I want this problem fixed. The long term, Utah style preemption.

Gray Peterson said:

Defending the indefensible is expensive for the defending side. Since it's pro-se, he can't recover attorneys fees, but he can recover all court costs and other costs.

Btw, the Universities INSISTED on having this, but guess who is going to have to pay the taxpayer dollar...the Legislature. So, the Legislature has every right to put a stop to it via passing Legislation. For the short term, I want this problem fixed. The long term, Utah style preemption.

Click to expand...

HELL YEAH. I can't WAIT until they do something. I'm calling my rep tomorrow! They should just rescind the following section of the preemption law:

"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." -Title 18, Chapter 33, (18-3302J) Section 4(c).

Folks,

Let's turn this into a legislative opportunity. Start calling your Legislators and demand that they pass a bill allowing students to possess guns in their student housing to eliminate this lawsuit. Given the state of the budget, the state cannot afford this crap.

Just housing?

Why not just tell them to pass a revised version of the preemption law which does not allow for regulations on concealed carry or carry on campus? That way the law-abiding will be on the same playing field as the criminals. Well, almost...

Constitutional ammendment perhaps?

All they would have to do is take universities off the list that the preemption bill does not apply too. In my opinion this would be the quickest easiest route to fix the problem. Cut out part C in section 5 of Idaho code 18-3302J http://www.legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302J.htm
We fought hard to get that part thrown out when it was first written a few years ago but it was an election year and they added it in for political reasons to help get it passed. Now is the time to fix that mistake.

If it will happen has yet to be seen but I will be contacting my legislator.

Preemption

The interesting thing about this case is that the 11th section of the Idaho State Constitution does not allow for any public entity to regulate the open carry of firearms, at all...

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 nor prevent passage of legislation providing minimum sentences for
crimes committed while in possession of a firearm, nor prevent the passage of
legislation providing penalties for the possession of firearms by a convicted felon,
nor prevent the passage of any legislation punishing the use of a firearm. No law
shall impose licensure, registration or special taxation on the ownership or
possession of firearms or ammunition. Nor shall any law permit the confiscation of
firearms, except those actually used in the commission of a felony.

Clark, that section was, for lack of better terms, pre-empted, by the laws I posted above.

Here is a little update, if you live in Idaho please encourage your reps and senators to get this passed. I can only do so much as a UI Alumni living out of state.

http://www.idahostatesman.com/2011/03/03/1550525/new-bill-would-allow-concealed.html

Preempted?

How can that section be preempted? That section is from the IDAHO STATE CONSTITUTION. You can't preempt the state constitution!

And by the way, I'm not mad, but my name is ClarkE <-with an E, most people get it wrong... :-(