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January 25, 2011, 11:18 PM | #1 |
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Idaho Student Sues UI for RKBA
It was bound to happen.
Back in the 2009 Idaho legislative session, the State adopted a law that in no uncertain terms let all Idaho governments and agencies know that the legislature occupied the entire spectrum of firearms law within the State. However, in the debate of this law, the Idaho University Regents screamed bloody murder. The upshot was that the legislature caved and it was codified that the Universities and colleges could set their own policy. Now we have this: Aaron Tribble vs. State Board Of Education & Board Of Regents, etal. Case: CV-2011-0000069 Idaho 2nd District Court Filed: 01/18/2011 Judge:John R. Stegner Plaintiffs: Tribble, Aaron Defendants:Nellis, Duane; State Board Of Education & Board Of Regents Summons issued: 01/21/2011 Initial Hearing: 07/20/2011 Aaron Tribble, 36, is married, with kids. He lives with his family in U of I married housing. He is also a second year law student who has filed against the University to obtain his RKBA, in his home, for lawful self defense. Google the name, all the stories give the same info as above (except the actual case). Because of the way the Idaho Courts work, unless you visit the court in question, in person, you won't get a copy of the complaint. I sure hope this guy has been reading Guras' briefs! It should be a cinch to win this. |
January 26, 2011, 12:46 AM | #2 |
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I'm beginning to wonder if universities might actually be emerging as the main front on which RKBA is going to be fought over the next decade...
I think we might see some big changes in Texas soon, too. |
January 26, 2011, 02:17 PM | #3 |
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Well, TX is an interesting case - let's see if the legislature actually gets to it. Perry did an emergency song and dance for a bunch of his cohorts' social hot issues EXCEPT the gun ones (unless I'm wrong). TSRA says the business interests, worried about liability, pull the purse strings on the so-called pro-gun folks. No liberals to blame this time, just money talks.
See if Coyote Man steps up?
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January 26, 2011, 02:28 PM | #4 |
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I am actually attending law school with the plaintiff (Aaron Tribble). I can keep everyone updated about the case. So far SAF has called him and expressed interest in taking up the case. This case presents both state and federal questions so this could end up going all the way to the SCOTUS.
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January 26, 2011, 02:37 PM | #5 |
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Well, this is interesting! I posted a thread a while back about a petition by some other college students trying to carry on campus. Looks like "campus carry" is an issue that's warming up a bit.
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January 26, 2011, 02:54 PM | #6 |
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There is a bill being introduced in NM that proposes to allow CC in schools and universities also. It is very recent good news.
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January 26, 2011, 03:32 PM | #7 |
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Longdayjake, is there anyway you can get Aaron to send me a copy of the complaint?
Email sent. |
January 26, 2011, 04:33 PM | #8 |
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I will have to see about the complaint. Aaron just got done doing 3 television interviews about the case so in a day or two we may have what is in the complaint coming straight from the horse's mouth.
This case is not about carry on campus. It is about possession in campus housing. The scope of the suit is narrow but it could open a door that leads to eventual campus carry. What is awesome is that the Idaho Supreme Court ruled back in the day that only Idaho legislature can make laws and they cannot delegate that power to any other institution. As I do more research on this I will let you guys know what we learn. |
January 26, 2011, 09:15 PM | #9 |
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Jake, I didn't include the complete text of In re Brickey. But you have the cite so it should be easy to look up. If you can't find it, I'll post it here. It is really short, but it is the case all gun law in Idaho is based upon.
Suffice it to say that the Legislature can delegate, it just can't deny the right to keep and bear completely. Brickey is why concealed carry is regulable but open carry is not. For what it's worth, I pointed all this out to my State reps, when they added 18-3302J to the statutes, back in 2009. I also pointed out that in light of Heller, McDonald would be incorporated, further limiting what the legislature could or couldn't do... Of course, they didn't listen. Once McDonald was actually decided, I just knew someone would bring a suit against the Regents. |
January 26, 2011, 09:25 PM | #10 |
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Florida is moving to amend some of it's wording, as well, to include colleges and OC with a permit.
This one has already been filed, and if passed, our new Governor, promised to sign it, and it will be effective July 1, 2011. http://myfloridahouse.gov/Sections/B...x?BillId=44867 |
January 26, 2011, 09:26 PM | #11 |
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Hope that Florida revision passes. It can only bolster Mr. Tribbles' suit.
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January 26, 2011, 09:29 PM | #12 | |
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Quote:
On a high note, opposition has been nearly non-existent, although it may be early, yet. I hope they have decided to 'choose their battles' and will leave this one alone. |
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January 27, 2011, 09:50 PM | #13 |
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Aaron Tribble, 36, is married, with 2 kids. He lives with his family in U of I married housing. He is a second year law student who has filed against the University to obtain his RKBA, in his home, for lawful self defense in his home, which happens to be Campus Housing.
A couple of short local videos of Aaron can be found here and here. There are also articles on Huffington and MSNBC. It hasn't quite gone viral and I hope it doesn't. I've been in communication with Aaron. I'm currently waiting to hear from another attorney about this case. This is a straight forward right to keep a firearm, in the home, for defense of self and family. Straight out of Heller. Unless Aaron comes online and says anything more, that's all I'll say at this time. |
January 27, 2011, 10:02 PM | #14 |
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Thanks for following up on this for us.
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January 29, 2011, 09:21 PM | #15 |
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First amended complaint was filed today. Much, much better than the original.
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February 1, 2011, 11:40 AM | #16 | |
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In talking with Aaron about his case, he let me know that someone with pull on his State reps (in northern Idaho), is approaching him/them with the idea to amend the offending legislation. I asked Aaron if it might help if I undertook the same from this end of the State. He didn't mind. In fact, he was willing to have his case mooted, if the passed legislation would allow his objectives.
With that in mind, I carefully thought out a means to persuade my reps. The following has been sent to my State Representatives, Senator Dean Cameron, Rep. Maxine Bell and Rep. John Stevenson: Quote:
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February 2, 2011, 04:39 AM | #17 |
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Wouldn't case law be stronger medicine against future infringement rather than than simply changing the law?
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February 2, 2011, 09:28 AM | #18 |
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I believe the answer to that would be ... it depends upon the State.
Our legislature has been pretty observant about gun rights. Since the 1902 decision, the State legislature has not tried to circumvent it. The fact that the colleges and universities have always been "gun free," is mere tradition and until now, has not come under much, if any, scrutiny. Consider: If the legislature forces the Regents to allow guns in student housing, for self protection, it kills the idea that such places are sensitive. The courts will not be able to use that as rationale for forbidding firearms. Currently, because of the "tradition," a valid argument can be made. That would lead to bad precedent and would require a legislative act to remedy. What I'm proposing is to remedy the situation first, to forestall a judicial citation. It further opens the door to a more liberal law to allow campus carry. First and foremost, I believe we have to rid ourselves of the "sensitive places" doctrine that is beginning to take hold in the various district courts, nationwide. Utah has already done this. There is a proposal in Texas to do this. I'm merely trying to get Idaho to jump on the wagon. All That Aside, it may still come down to case law. |
February 12, 2011, 02:59 AM | #19 |
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As suspected, here's the reply to the complaint. Standard stuff.
I expect Aaron to reply with an MSJ. Due in 15 days, I think.... Gotta go read the Idaho Rules for Civil Procedure......... |
February 12, 2011, 03:02 PM | #20 | |
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Most of the response will be extremely easy to counter. But did anyone catch this?
Quote:
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February 14, 2011, 12:45 PM | #21 |
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The answer contains arguments that would not pass the "smirk" test. This test is basically what we learn in law school to be arguments that you can't read them or write them without smirking at the lameness of the argument. Seriously though, how can one try to claim that a place where someone lives is not a home?
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February 14, 2011, 01:04 PM | #22 |
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Just playing devil's advocate here, but I can see how some places where people live might be considered exceptions. I assume that someone enduring an extended stay in hospital cannot claim that the hospital is their residence and keep a firearm there, even though they may in fact have resided there for years. I can see that a university might want to consider its on-campus accommodation as somehow different in nature from regular, off-campus, private accommodation.
Not saying that they are right. But I'm not sure that we would want to do away altogether with the idea that some places are "sensitive areas" etc. Last edited by Kleinzeit; February 14, 2011 at 05:27 PM. Reason: typo |
February 14, 2011, 08:42 PM | #23 |
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With few exceptions, a hospital is a self-enclosed structure, not even offering the convenience of an apartment - individual privacy, as in locked doors. So this example does not rise to the test of a home.
Want to try again, Kleinzeit? |
February 14, 2011, 10:19 PM | #24 | |
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Quote:
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February 14, 2011, 10:41 PM | #25 | |
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Quote:
A hospital is not a place of residence. Nursing homes could be argued to also house folks who would not normaly be allowed to own firearms.(those that suffer from mental illness) Last edited by teeroux; February 14, 2011 at 10:48 PM. |
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