TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 33

FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS

18-3309.  AUThORiTY OF Governing boards of public colleges and universities regarding firearms. (1)  The board of regents of the university of Idaho, the boards 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, hereby have the authority to prescribe rules and regulations relating to firearms.

(2)  Notwithstanding any other provision of state law, this authority shall not extend to regulating or prohibiting the otherwise lawful possession, carrying or transporting of firearms or ammunition by persons licensed under section 18-3302H or 18-3302K, Idaho Code.

(a)  However, a person issued a license under the provisions of section 18-3302K, Idaho Code, shall not carry a concealed weapon:

(i)   Within a student dormitory or residence hall; or

(ii)  Within any building of a public entertainment facility, provided that proper signage is conspicuously posted at each point of public ingress to the facility notifying attendees of any restriction on the possession of firearms in the facility during the game or event.

(b)  As used in this section:

(i)   "Public entertainment facility" means an arena, stadium, amphitheater, auditorium, theater or similar facility with a seating capacity of at least one thousand (1,000) persons that is owned or operated by the board of regents of the university of Idaho, a board of trustees of a state college or university, the state board for career technical education or a board of trustees of a community college established under chapter 21, title 33, Idaho Code, that is primarily designed and used for artistic, theatrical, cultural, charitable, musical, sporting or entertainment events, but does not include publicly accessible outdoor grounds or rights-of-way appurtenant to the facility, including parking lots within the facility used for the parking of motor vehicles.

(ii)  "Student dormitory or residence hall" means a building owned or operated by the board of regents of the university of Idaho, a board of trustees of a state college or university, the state board for career technical education or a board of trustees of a community college established under chapter 21, title 33, Idaho Code, located on or within the campus area owned by the university or college to house persons residing on campus as students, but does not include off-campus housing or publicly accessible outdoor grounds or rights-of-way appurtenant to the building, including parking lots within the building used for the parking of motor vehicles.

(c)  The provisions of subsection (2)(a) of this section shall not apply to the following persons:

(i)   A person or persons complying with the provisions of section 19-202A, Idaho Code;

(ii)  A person or an employee who is authorized to carry a firearm by the university or college board of trustees, board of regents, governing board or a person or entity with authority over the building or facility;

(iii) A person who possesses a firearm for authorized use in an approved program, event, activity or other circumstance approved by a person or entity with authority over the building or facility;

(iv)  A person who possesses a firearm in a private vehicle while delivering students, employees or other persons to and from a university, college or public entertainment facility;

(v)   An on-duty or off-duty certified peace officer; or

(vi)  A qualified retired law enforcement officer licensed under section 18-3302H, Idaho Code.

(3)  Any rule, regulation or policy that is contrary to this section is null and void.

History:

[18-3309, added 2014, ch. 73, sec. 4, p. 190; am. 2015, ch. 244, sec. 1, p. 1008; am. 2016, ch. 25, sec. 3, p. 36; am. 2018, ch. 195, sec. 1, p. 437.]