Bill Description: House Bill 122 allows teachers and other school district employees with enhanced carry permits to carry a concealed weapon on school property.
Analyst Note: House Bill 122 is almost identical to House Bill 89. The only change is the insertion of the phrase, "but for reckless, willful, and wanton behavior" in the subsection dealing with the limitation of liability.
Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?
House Bill 122 amends Section 18-3302D, Idaho Code, to allow employees of schools and school districts "who possesses a valid enhanced license to carry concealed weapons issued pursuant to section 18-3302K" to carry a concealed weapon on school property "with or without permission" from their school board.
The employee would be required to keep the weapon concealed and to maintain "immediate control over the firearm or deadly weapon."
There are some additional requirements placed on the employees who choose to exercise their right to carry a concealed weapon.
"A school employee who possesses a valid enhanced license to carry concealed weapons and desires to carry a concealed weapon on school property shall inform the principal of the school and the superintendent of the school district where he is employed and shall provide them with a copy of the enhanced license."
This information may be shared with the school board and shall be shared with "all local law enforcement, including the city police department, if applicable, the county sheriff, and the Idaho state police along with a photo of the school employee in order to assist law enforcement officers in the exercise of their duties."
Additional provisions in the bill allow private schools to prohibit concealed carry and prohibit public schools from displaying any signs indicating that their property is a gun-free zone.
The bill also clarifies that schools may not require a school employee to carry a concealed weapon and that "no school employee shall have a duty arising from this section to carry or use a deadly weapon on school property."
House Bill 122 provides much needed limitation of liability for schools, school districts, and school employees, saying, " No action, but for reckless, willful, and wanton behavior, shall lie or be maintained for civil damages in any court of this state against a school, school district, or school employee where the claim arises out of the lawful carrying, possession, use, or nonuse of a deadly weapon by a school employee on school property who does so without the consent of the board in accordance with subsection (4)(h) of this section."
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