My fellow law student sues the University of Idaho to have guns in student housing.

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longdayjake

longdayjake

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http://www.uiguncase.com/

http://www.huffingtonpost.com/2011/01/25/aaron-tribble-university-_n_813659.html

http://www.idahopress.com/news/article_36a5a422-28ad-11e0-a2c1-001cc4c002e0.html

If you have spent a good amount of time on THR and you are a reloader you have probably come across me and my posts about going to law school at the University of Idaho. Well, Idaho is a great school and state but it is plagued by the same illogical ideals that most universities suffer from. More specifically the University of Idaho prohibits the possession of firearms in student housing. Well, a fellow student that I have recently come to know has just filed suit against the University of Idaho and the State Board of Education for the right to have a gun in his apartment so that he can access it for self defense and defense of his family.
I just wanted to let everyone know that we are all excited about this case and I can relay any ideas, moral support, and or praise to Aaron Tribble (the hero of this story).

P.S. Me and my fellow students joked about the idea of doing something like this but Aaron took it to heart and went and did it all by himself. So, we were slightly unprepared for it and the website is a little sparse but expect more as this suit progresses.
 
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Utah

I'm sure your friend has looked into the laws on the books in Utah.

It is my understanding that in Utah, guns may be legally carried on campus.

Perhaps someone who actually lives there (*koff* -- Larry Corriea -- *koff*) could shed some more light on that.

The fact that there's already a state where on-campus carry is legal should help things.

 
When I was a student at U of I back in the late 80's, I knew of professors that left their deer rifles in the gun racks of their pickups while parked on campus. Can't remember the rules, but I do remember I stored my guns in my student room back then.

I was also a student at WSU, and back in the 80's the official policy was guns owned by students had to be checked in at the campus police station, and you had to check them out on a daily basis to go hunting or target shooting.
 
Awesome. I'm hoping that BSU will allow CCW on campus, since I walk to the school from my apartment via the park/greenbelt. When it gets dark and I am carrying a backpack full of electronics I don't feel 100% safe. (Even though Boise is an extremely safe city). Once I get a CCW I will most likely leave a handgun in my car and if I drive on campus then I am breaking the law.

I hope for the best on your friends petition. I hope more schools will open up once again to firearms ownership and CCW of students.

Oh and one more thing TC... Go Bronco's!
 
When I was living in Boise I was told that I would not be breaking any laws by carrying on campus, only violating school policy. The reasoning being that though the school could ask me to leave, or add a fine to my school fees, or even expel me, but I was still in my rights to carry a weapon on my person, so long as i had a license. This is what several people and the news told me, though I don't know if it is correct.

As for the lawsuit, I sure hope he wins. I am a fan of carrying just about anywhere, and I don't see any reason why it would be dangerous to carry on a college campus.
 
Slightly verging off topic... I looked into BSU's CCW policy and couldn't find anything. So I just assumed that carrying a firearm on campus was illegal. At orientation though, the President addressed us that he understands that some of us hunt so to make sure that firearms are left at home before coming to school or at least locked away. He seemed really friendly about it. So maybe its just a legal thing he has to say. I will probably ask around the school once I get my permit.

Back on topic. I don't know how the housing is at U of I and I take it that Law students have specialized housing or something. But reading some of those Huffington Post comments almost made my head explode. Yeah, I will never trust my life in the hands of campus security, especially in an event such as a home invasion.
 
When I was a student at U of I back in the late 80's, I knew of professors that left their deer rifles in the gun racks of their pickups while parked on campus. Can't remember the rules, but I do remember I stored my guns in my student room back then.
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I applied, unsuccessfully, to Idaho Law. I was actually surprised that U of I's on campus gun policies were as lenient as they were (If I'm not mistaken, they allowed students to store them at certain sites on campus and have them unloaded and cased for transport).
 
There is no law in Idaho that makes it illegal to carry on University campuses. The school itself makes rules that are unconstitutional and that is why this is an issue.
 
Laws are different from state to state. In Missouri I am breaking the law if I CCW into a building that is posted no weapons. Examples of which would be courthouses, libraries, Doctor's offices, etc. I don't agree with the logic, but the law should be followed.
 
let me play devils advocate here....

Here's what the law says on the books....

From the Idaho .gov website:

18-3302J.Preemption of firearms regulation.

(1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen’s right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature’s intent to wholly occupy the field of firearms regulation within this state.

(2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.

(3) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or persons or property;
(b) A person discharging a firearm in the course of lawful hunting;
(c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property;
(d) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code; or
(e) A person discharging a firearm in the course of target shooting on public land if the discharge will not endanger persons or property.
(4) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:
(a) A person discharging a firearm in the lawful defense of person or persons or property; or
(b) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code.

(5) This section shall not be construed to affect:

(a) The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code;
(b) The authority of counties and cities to regulate the location and construction of sport shooting ranges, subject to the limitations contained in chapter 26, title 55, Idaho Code; and
(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.

(6) The provisions of this section are hereby declared to be severable. And if any provision is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.
 
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I found that many academic instutions of higher learning act as if they are above the Law when it comes to gun rights. In this case I wish the young man good luck and Gods Speed.
 
let me play devils advocate here....
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(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.
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Yeah, the Idaho Supreme Court has specifically said that congress cannot delegate its law making powers to another body and secondly the state court has previously ruled that congress cannot outright ban firearms. So, if congress cannot ban them then how is it that a school can?
 
Another thing I wanted to add.

This is why I got an apartment off-campus (but only a few walking minutes away) so I could bring my guns with me because I like to shoot and occasionally hunt. Oh, and I like my privacy and not dealing with campus housing rules. :)

I just wish more universities had intercollegiate shooting teams again. Then I could actually join a team that I am good at.
 
oh, about my post above; I wasn't trying to say its wrong to have a gun on campus(I wish I could attend such a school), I was just mentioning the law so we had something to go off and not just some rumor of rumor of law.
 
The University of Colorado and Colorado State University both had their campus carry bans stuck down last year due to similar suits.

More info might be found at: http://www.rmgo.org/ Rocky Mountain Gun Owners spearheaded the lawsuits.

Tell him to keep up the fight!
 
I was just mentioning the law so we had something to go off and not just some rumor of rumor of law.
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I know you were just playing devil's advocate. The best lawyers can win either side of the dispute because they know what their opponent has in their "range bag." Like I said before, that law should be overcome by McDonald as well as Idaho Court rulings regarding the power of congress to abdicate its law making powers as well as its ruling that an outright ban is not okay.
 
Best of luck with the legal proceeding. It sounds like state regulations are in their favor of keeping them banned but that can be changed by such a case.

Under the same snippet of the law posted above power is granted to the Department of Wildlife too. Assumedly, this is in order to establish things like minimum caliber for hunting laws (humane hunting), game preservation (no shooting flocks of ducks with an 8 gauge mounted shotgun) and poaching of wildlife in protected areas (no shooting endangered animals.) Perhaps, you could use this as a "reason for needing the power"-argument (for lack of better term). The reasons listed above are examples of "reasons" the Department of Wildlife "needs" to be able to establish certain firearm guidelines.
You could possibly argue the idea of "why the university needs to be able to control firearms" and point out that there are ALREADY local, state and federal laws that are sufficent enough. Kind of overstepping their bounds type of deal.

Student safety is going to be their big defense! Point out the number of crimes that happen not just on your campus but nationwide. Also, use statistics for the city, state, etc that are beneficial to your case. One crime that allowing CCW and weapons in housing
could help lower is rape! Ask them "How denying women to legally carry a firearm for
protection against a violent rapist is a good thing?" Anti-gun = Pro-rape is a connection that if you can establish then support will increase for campus ccw.

Lastly, I hope your classmate anyone else associated with the lawsuit have a back-up school in mind. The university will more than likely not be too find of being sued by them and look for any and every reason to have them expelled. That is a pretty safe bet! Good luck with everything.
 
As a former UofI law grad I wish him well. PM if he needs any help.

For Context, 18-3302J was passed/ammended because Moscow City (where the university of Idaho is located) passed a law prohibiting certain firearms within city limits.
 
The big problem is that U of I and BSU are intertwined. BSU (state trustees, etc.) do not want to allow firearms on campus, without fighting as far as they can take it. Even with a win at the local level, it will be appealed up the 9th circuit appeals court, where it will almost certainly lose. And I doubt SCOTUS will take it once the 9th shoots it down.

I have my degree from the U of I, and am returning for a teaching cert. Theoretically, I may have had hunting rifles and ammo in my vehicle on campus while I was in class. Or perhaps not. But I don't see a win at the local level changing things.
 
Just to clarify on the current law as it stands, a standard citizen may enter campus premises with a concealed weapon as long as they have a valid permit but a student cannot?

(My sister is attending UI and I go to Lewis-Clark State College here in the Lewiston-Clarkston Vally)
 
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