Mayor Chaney says rash of shooting deaths has led the city to look into its ability to limit arms at public venues
By David Johnson
Wednesday, August 1, 2007
MOSCOW - No guns have apparently been packed into city council meetings here or carried within city buildings or parks, officials said Tuesday.
Nonetheless, Mayor Nancy Chaney said she's asked for a legal opinion on whether the city has authority to prohibit both concealed and exposed weapons in public places.
"We don't want to tread on anyone's Second Amendment rights," Chaney said. "We want to find out what is within our legal prerogative."
City Supervisor Gary Riedner said City Attorney Randy Fife has been asked to seek the opinion from the office of the Idaho attorney general before any additional action is taken. As it stands now, Riedner said, everyone attending a city council meeting could bring an exposed rifle, shotgun or handgun.
"Unless there's authority to restrict it, under state law you can carry an exposed gun," Riedner said. Concealed weapons may also be carried as long as the carrier has a permit
issued through the sheriff's office. Idaho also recognizes concealed weapons permits from other states.
Idaho, in fact, is one of the more liberal states when it comes to gun restrictions, said Latah County Prosecutor William Thompson Jr. While guns are prohibited by judicial order at the county courthouse here, Thompson said there are no such prohibitions on other county property. The discharge of a weapon on county
property, however, is prohibited, Thompson said. Brandishing a weapon in a threatening manner, such as pointing it at someone, is illegal everywhere unless the act is in self-
defense, he added.
District court judges, Thompson said, have authority to regulate what goes on within a courthouse and can prohibit weapons. Former District Court Judge John Bengtson declared the prohibition at the Latah County Courthouse.
Chaney said her concern on city property, in part, stems from the rash of shooting deaths in Latah County over the past five months. She said the May shooting at the courthouse, which resulted in three deaths - including a Moscow police officer - gave her pause about how vulnerable people are in public settings.
She also expressed concern about a trend in some circles to glorify weapons, to the point of armed citizens being encouraged to "swoop in to protect people" during confrontations that should be handled by police.
While firearms are prohibited in schools by state law, in federal buildings by federal law and in county courthouses by judicial order, the city has no obvious authority to invoke such protection, Riedner said.
Once a legal opinion is received from the state, said Chaney, the matter will make its way to members of the city council for eventual consideration of a resolution or ordinance banning or restricting firearms on city property.
