Know your rights

The University of Idaho recently updated its firearms policy to reflect the new Idaho law that mandates all public higher education institutions in the state to allow retired law enforcement officers and persons with an enhanced concealed carry license to carry firearms on college campuses. 

Gabi Becker, senior, looks at one of the recently posted ‘No Weapons' stickers while exiting the Student Union Building Monday. An exception to the new concealed carry policy prohibits guns in large public entertainment and sporting facilities including the ASUI Kibbie Dome, Memorial Gym and SUB. Becker said she doesn't mind the new policy.

Gabi Becker, senior, looks at one of the recently posted ‘No Weapons’ stickers while exiting the Student Union Building Monday. An exception to the new concealed carry policy prohibits guns in large public entertainment and sporting facilities including the ASUI Kibbie Dome, Memorial Gym and SUB. Becker said she doesn’t mind the new policy. “I don’t really care. As long as I don’t see the guns, nobody is going to know”.

Though it may sound like a policy overhaul, UI General Counsel Kent Nelson said the policy was crafted in a way that allows the policy to go into effect without a noticeable difference to the average student, faculty or staff member on campus.

“In reality, not a lot has changed,” Nelson said. “Prior to July 1, the university had a policy that banned firearms with limited exceptions. Now, the policy still bans firearms with limited exceptions, but one of those limited exceptions is those who hold an Idaho-issued license for enhanced concealed carry or hold an Idaho-issued license as a retired law enforcement officer. That is the only new exception to our previous stance.”

UI Executive Director of Public Safety and Security Matt Dorschel said after the firearm measure was signed into law by Idaho Gov. C.L. “Butch” Otter last March, UI created the Gun Legislation Potential Impacts Task Force to create a policy for how the legislation would be implemented at UI.

He said the new policy addresses issues related to definitional interpretations, disclosure, exceptions and firearm storage.

Dorschel said the UI community should read the definitions written in the policy to understand what ‘concealed carry’ means — and what it doesn’t mean.

According to the UI Administrative Procedures Manual, concealed carry means, “carrying a firearm in a fashion so that the firearm is not discernible by ordinary observation, and is in such close proximity to the person that it is readily accessible for prompt use.”

Dorschel said if someone sees a firearm on campus when it’s not in the event of an emergency, they should call 911.

In May, Dorschel said the task force was evaluating the issue of disclosure — whether or not concealed carry eligible persons were going to be required to notify the university of their intent to carry a firearm on campus.

Nelson said a disclosure requirement was quickly ruled out of the policy, because it would undermine current state law.

“That was a legal analysis,” Nelson said. “Legally, we cannot require those who hold those licenses for concealed carry to disclose that information if they do not choose to do so. Those who have enhanced concealed carry licenses is not a matter of public record.”

APM 95.12 also identifies exceptions to the concealed carry policy including matters having to do with the ROTC Memorial Gym Firing Range, UI experimental forests, certain public entertainment and sporting facilities and university-owned housing properties.

Dorschel said the ROTC program establishes its own firearm policies relating the Memorial Gym Firing Range, and those who are involved in the program are not necessarily subject to the new concealed carry policy.

Additionally, he said university experimental forests often encourage the use of sportsmen firearms to hunt for wildlife on specified lands, and also do not necessarily fall under the jurisdiction of the new concealed carry policy.

“With the case of the ROTC Mem. Gym Firing Range and the experimental forests, the exceptions have pretty much always been there,” Dorschel said. “We just wanted to include them in the updated policy so we’re all on the same page.”

There are locations where the concealed carry of firearms remains prohibited, such as in large public entertainment and sporting facilities with seating capacities of more than 1,000 and in university-owned housing.

The three locations classified as large public facilities with a seating capacity of more than 1,000 — and therefore are exceptions of the new concealed carry policy — are the Kibbie Dome, Memorial Gym and the Student Union Building.

Firearms may not be stored in university-owned housing facilities, including dormitories, residence halls and on-campus family housing, Nelson said.

The updated policy does ascertain a storage facility where firearms can be safely stored in lieu of concealed carry. Dorschel said that the while the storage facility currently houses mostly sportsmen hunting firearms, members of the community are welcome to use the storage facility to remain in accordance with the updated policy.

Dorschel also said that as of right now, UI security guards will not carry firearms due to an employment condition with the private company UI contracts for its manned security services.

Moscow Chief of Police David Duke said while he’s noticed the issue of guns on campus has sparked conversation among community members, there has yet to be any firearm incidents reported.

“There have so far been no calls in reference to anyone seeing guns on campus,” Duke said. “But, there have been inquiries into what the law allows — what’s permitted, what’s a violation of the law and campus policy, and we answer those questions for them.”

UI President Chuck Staben said he believes the university’s new policy will not hinder the safety of students at UI.

“College campuses and our campus in particular are among the safest places in the United States and the guns on campus policy really doesn’t change that,” Staben said. “That’s the new law in Idaho and we’ll maintain a safe campus into the fall and beyond.”

Amber Emery can be reached at [email protected]

 

 

 

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