Bill Description: House Bill 273 would allow school employees to carry concealed handguns on school property where they are employed if they comply with a number of prerequisites and limitations.
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NOTE: House Bill 273 is related to Senate Bill 1418 and House Bill 415, both introduced in 2024.
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?
Because the right to keep and bear arms is a fundamental right recognized and protected under the U.S. and Idaho constitutions, any laws that limit or restrain it must meet the highest standard of scrutiny.
House Bill 273 would amend Section 18-3302D, Idaho Code, which deals with possessing weapons on school property. Currently, the law allows "a person or an employee of the school or school district" to carry a firearm "with the permission of the board of trustees of the school district or the governing board."
House Bill 273 would add a list of regulations, declaring that the "only authorized firearms deemed appropriate for a school employee to carry concealed shall be limited to handguns"; the "only authorized firearm ammunition deemed appropriate for a school employee to carry loaded in a concealed handgun shall be hollow-point ammunition"; and "ball ammunition shall not be carried in any firearm by a school employee on school grounds."
It would also require that the weapon is "concealed and the school employee maintains immediate control over" it. This requirement would likely prohibit keeping a firearm locked in a safe on school grounds.
None of these restrictions are currently in code and would apply even if a school board didn't want to impose them.
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The bill would also require that any employee authorized to carry "shall, at minimum, possesses an enhanced concealed license to carry concealed weapons or have completed POST training from a POST-certified person who possesses a valid, numbered certificate issued by the Idaho peace officer standards and training council authorizing such person to serve as a peace officer or reserve police officer."
There are two things worth noting here. The first is that this requirement also limits the current law, which allows a school board to authorize an employee to carry a concealed weapon. Suppose a school has authorized a well-trained military veteran to carry on school property, but he doesn't have an enhanced carry permit. Under this bill, he would no longer be able to carry even though the board specifically authorized him.
The second thing to note is that POST training is typically only required for law enforcement officers. Under this bill, however, a school board could require up to six days of "school defense training" that includes "scenario response and firearm proficiency."
The enhanced concealed license already requires an elevated standard of training. Possessing such a license should be all that is required for a school employee to carry on school grounds. (This is essentially what House Bill 415 from 2024 would have allowed.)
Requiring a teacher to attend a 6-day POST training course is an unreasonable barrier and effectively creates a third licensing tier in Idaho law, relating to when and where one can carry a concealed weapon.
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The positive element in this bill is that school boards would be required to allow employees who meet certain criteria to carry concealed weapons. Even so, the board would be allowed to place significant barriers in their way.
The bill says, "It shall be at the discretion of the corresponding school board to define the level of training the school board requires within its training criteria, but the school board shall not prevent a school employee from concealed carry at the school as long as the school employee has completed the corresponding school board's required training and certification criteria."
Additionally, an employee who wishes to carry would be required to "inform the principal of the school and superintendent of the school district where he is employed and shall provide them with a copy of the enhanced concealed carry license or the POST training completion certification."
This information would be shared with the school board; "all local law enforcement, including the city police department, if applicable, the county sheriff, and the Idaho state police"; and any "law enforcement school resource officer" assigned to the school.
School districts could also require "recurrent active shooter refresher training with the district's armed concealed carry employees and local police agencies or sheriff's offices; and a range qualification day at least twice a year to enhance and ensure ongoing proper handling, accuracy, and proficiency."
It is appropriate and necessary for the state to enact a law allowing school employees who possess an enhanced carry permit to carry a concealed firearm on school grounds, but that should be the extent of the law. This bill creates more problems than it fixes.
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