View Single Post
Old December 11, 2011, 01:14 PM   #65
Al Norris
Moderator Emeritus
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
This decision presents a real danger here, to Idahoans, if this Judges decision is left to stand. As we have seen in other cases, it will be used against us, elsewhere.

The Judge erred when he said that the Idaho right had no greater protection than the enumerated Federal Right. Idahoans have always enjoyed much greater freedom in arms (both legislatively and in our courts), than many other States, even those that have interpreted the Federal 2A.

The Judge erred when he somehow used State v. Grob to reword the language of In re Brickey to mean that a ban on possession was a mere regulation (FN3, pg. 17-18). That case (Brickey) was specific. The legislature might regulate carry, but it could not ban carry wholesale. To ban the possession of firearms, is to ban the carry of firearms.

The Judge erred when he conflated a University (and by implication, any place of higher learning) was a school and therefore protected as a sensitive place. "Schools" are strictly defined in the Idaho Statutes.

The Judge erred when he ruled that because a housing unit was on University property, that made it a Government Building, and therefore a sensitive place. That error was compounded when he conflated State Government Buildings as coming under the same protections as the laws that protect Federal Buildings, Idaho statutory law notwithstanding.

The Judge erred when he equated a lease for habitation to a mere license. The Judge further compounded that error when he declared that such leased/licensed housing was not an abode. To make the determination that anyone who leases/licenses (and by direct implication, rents) a house or an apartment, has no possessory interest will have a severe impact on all Idahoans who do not own their homes. It makes null the statutory rights of those who rent or lease.

While not gun related, those implications alone, are nothing short of staggering!

Last, but not least, this decision sets the University of Idaho and its Regents apart from the rest of the Idaho Government by making them, in effect, a fourth branch of Government.

Those are just 6 errors in this decision. There are several more, as they relate to the decisions of Heller and McDonald.

In sum, this decision flat out destroys much of the statutory framework of firearms laws in the State of Idaho. Further, it destroys the possessory interests of all renters and leaseholders to any property claimed as their "home," in the State of Idaho (this goes far beyond governmental housing).

A said above, this decision, should it stand, will be used by other courts, against all of our interests. Not just those of Idaho.

Last edited by Al Norris; December 11, 2011 at 03:01 PM. Reason: highlighting and added qualification
Al Norris is offline  
 
Page generated in 0.03086 seconds with 8 queries