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Bronco Stadium- Posted no weapons?!

TechStuffBC

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Mar 5, 2010
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To the Original Poster, here's a "bottom line" answer to your question.

Colleges and Universities can really only enforce this against those they have power over. For example, if you are a student or employee and you are caught carrying (open or concealed) they can sanction you.

If you are not a student or employee, according to Idaho law, all they can really do is ask you to leave. If you don't leave, you can be charged with tresspass.

Same thing goes for other employers. I work for a local health care provider. They have a policy against weapons. I don't carry at work because I fear losing my job, but when I go to the "other" provider in town I carry right past their silly "scary black gun in a red circle with a slash" signs because all they can really do is ask me to leave.

Federal facilities are a different story, of course - even in Idaho, as are the locations prohibited by Idaho (courthouse, juvenile detention facility or jail, public or private school).


(I'm not a lawyer; this is not legal advise; this text is wholly and solely purposed as "informational")

A person can carry in a courthouse or on school grounds, public or private.

Idaho's Constitution, Article I, Section 1 reads:
Section 1. INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.
[http://legislature.idaho.gov/idstat/IC/ArtISect1.htm]

In short, any and all code, laws, policies and/or regulations within Idaho State Code, or any Idaho Gov't (local, city, county, state) banning any method to which a person reasonably chooses toward securing safety and/or defending life could be challenged as state-unconstitutional.

Further, one could conclude that Article I, Section 11, the "Right to Bear Arms," is moot in that no "right" to carry is necessary given the right to defend life and secure safety.

That being noted, Idaho Code (IC) §18-3302D(4)(f) reads:
... a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.

(IC) §18-3302D(1)(a) reads:
It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation.

(2)(e) "School" means a private or public elementary or secondary school

Thus, the "stadium" does not include Bronco Stadium.

Again, and for the OFFICIAL record, in all of this am I *NOT* advising any person(s) toward any action(s) contrary to the above noted Idaho Code and/or Idaho Constitution.
 
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