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Old December 20, 2012, 11:23 AM   #9
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,319
In 2008, the Idaho Legislature codified a very strong preemption statute.

Where Cities and Counties were preempted before this in another section of Idaho Codes, they are now consolidated and moved into Title 18 (Crimes and Punishment), Chapter 33 (Firearms, Explosives And Other Deadly Weapons). Specifically, Section 18-3302J (Preemption Of Firearms Regulation).

The area that deals with higher education (post primary and secondary schools) is paragraph 4(c):

Quote:
(4)... Ordinances adopted under this subsection may not apply to or affect:
(c)The authority of the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, to regulate in matters relating to firearms.
The contention of the Tribble case is that regulation cannot mean a complete ban. Specifically, this case attacks the ban on firearms possession in the home as it applies to separate married graduate housing.

The Board of Regents advanced several theories as to why they could ban all weapons at all times at all locations within their property.

The District Court sided with the Board of Regents on several of their theories. The case is on appeal before the Idaho Supreme Court. No date has been set to hear the case, as of yesterday.

The outcome of this case may or may not provide a vehicle to address carry on campus.
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