Bill Description: Senate Bill 1228 would prohibit colleges and universities from banning or regulating the otherwise legal possession of firearms.
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 1228 would repeal and replace Section 18-3309, Idaho Code, which at present allows colleges and universities "to prescribe rules and regulations relating to firearms," with certain exceptions.
Under the current law, only individuals with an enhanced carry permit can carry on a college or university campus. Even they, however, are barred from carrying within a "student dormitory or residence hall" or "within any building of a public entertainment facility."
Senate Bill 1228 would repeal this law and replace it with the following:
"The board of regents of the university of Idaho, the board of trustees of the state colleges and universities, the board for career technical education, and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, 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, 18-3302H, or 18-3302K, Idaho Code."
This is a straightforward declaration that colleges and universities must abide by the same standards as the rest of the state with respect to the individual right to keep and bear arms.
Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?
Under Idaho law, concealed carry is broadly legal without a permit, yet the only way to legally exercise the individual right to keep and bear arms on a college or university campus (other than a dorm or public entertainment facility, where no one may legally carry) is to obtain an enhanced carry permit under the provisions of Section 18-3302K, Idaho Code.
Obtaining such a permit carries a fee of $20 plus "any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, as well as the actual cost of materials for the license lawfully required by any state agency or department."
This means that the exercise of a right is contingent upon paying a fee. Senate Bill 1228 would correct this injustice.
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Under current law, individuals who can otherwise legally carry a concealed weapon face the threat of both criminal penalties and academic sanctions for carrying on a college or university campus without an enhanced permit, or carrying in a dorm or public entertainment facility, even with a permit.
Senate Bill 1228 would restore the individual right to keep and bear arms in such locations and remove the threats that are currently used to infringe on this right.
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