Bill Description: Senate Bill 1135 imposes a host of new restrictions on school boards and on the people they authorize to carry firearms on school property.
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?
Senate Bill 1135 amends Section 18-3302D, Idaho Code, to impose a host of new regulations on when a concealed firearm can legally be carried on school property.
The current subsection (g) reads as follows:
"Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board."
In other words, the only requirement under current law to carry a firearm legally on school property is to obtain permission from the board of trustees of the school district or from the governing board.
Senate Bill 1135 will add many additional restrictions while still requiring that permission be obtained. Among these new restrictions is a requirement that "the person authorized is a paid employee of the school district, charter district, or public charter school and possesses an enhanced concealed carry permit pursuant to section 18-3302K, Idaho Code." Current law does not require either that the authorized person be an employee or that the person possess an enhanced concealed carry permit.
Senate Bill 1135 also mandates that "the person authorized receives ongoing training as directed by the board of trustees, in consultation with local law enforcement, and as outlined in the district's school policy manual." Current law does not require authorized people to to receive ongoing training. It also does not give law enforcement any role in the process in determining when someone is authorized to carry a firearm onto school property.
Senate Bill 1135 further mandates that "the person authorized works with local law enforcement to ensure that local law enforcement is aware of the person and that he possesses a current Idaho enhanced conceal carry permit and is aware of the type of weapon and assignment of the person." Policies like this are common in "may issue" states such as California, where law enforcement is given veto power over people exercising their 2nd Amendment rights. Currently, Idaho has no such policies, but this bill will add them to Idaho law.
An additional provision says, "Nothing in this paragraph shall prevent the board of trustees or the governing board from revoking the privilege of persons carrying a firearm or other deadly weapon while on school property." Existing law does not make it clear if the district may revoke permission once it grants it.
Senate Bill 1135 adds an additional provision saying, "Nothing in this paragraph shall authorize a student attending a public school in this state to carry a firearm or other deadly weapon on school property, regardless of whether the student possesses an enhanced concealed carry permit." Existing law allows the board of trustees of a school district or the governing board to authorize a "person" to carry a firearm. Nothing in the current law excludes a student from receiving such authorization.
Another provision requires that, for a school board of trustees to grant a school employee permission to carry a firearm, the board must "adopt a policy in consultation with local law enforcement." This policy must outline the "annual training requirements outlined by the board of trustees or governing board for persons authorized to possess a firearm or other deadly weapon on school property."
The board is also required to provide "annual notification to the district superintendent, school principal, and local law enforcement naming the specific person authorized to carry, including notification of revocation by the board of the person's privileges."
The board is further required to provide "annual notification to parents and guardians that the board of trustees or governing board has authorized a person to carry a firearm or other deadly weapon on school property, along with the training requirements."
Current law does not impose any of these regulations on the board.