Bill Description: Senate Bill 1008 would repeal the statute allowing colleges and universities to restrict the firearm rights of students and faculty.
Rating: +4
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?
Under Section 18-3309, Idaho Code, colleges and universities in Idaho are granted authority to "prescribe rules and regulations relating to firearms."
Senate Bill 1008 would repeal the statute, thereby eliminating this special grant of regulatory authority over the exercise of a constitutional right.
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Additionally, Section 18-3309, Idaho Code, excludes certain Idahoans from carrying a concealed weapon under existing statutes that allow permitless concealed carry, as well as carry under a standard Idaho concealed carry permit. Instead, concealed carry on college and university campuses is limited to those who have an enhanced concealed carry license.
Senate Bill 1008 would repeal the statute, thereby eliminating this limitation on the exercise of a constitutional right.
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Under Section 18-3309, Idaho Code, even those with an enhanced concealed carry license cannot carry "within a student dormitory or residence hall" or "within any building of a public entertainment facility."
Senate Bill 1008 would repeal the statute, thereby eliminating this restriction on the exercise of a constitutional right.
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Finally, Senate Bill 1008 would replace Section 18-3309, Idaho Code, with a new section explicitly stating that colleges and universities "shall not regulate or prohibit the otherwise lawful possession, carrying, or transporting of firearms or ammunition by any person carrying a concealed weapon pursuant to section 18-3302, Idaho Code."
Section 18-3302 is the section that contains the requirements for the standard Idaho concealed carry permit. It also allows permitless concealed carry for US citizens age 18 or older who are not disqualified due to mental illness, criminal history, or other such reasons as specified in code.
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