Boise State Weapons on Campus Frequently Asked Questions
Idaho law enacted on July 1, 2014, allows certain enhanced concealed carry license holders and qualified retired law enforcement concealed carry license holders to carry concealed firearms on certain Boise State University property. Idaho Senate Bill 1389, which goes into effect on July 1, 2016, does not amend Idaho Code §18-3309, which requires the University only to allow concealed carry by individuals with enhanced concealed carry permits, and only in certain areas of campus.
Q: What is the campus policy regarding the law? Can I access the policy?
A: University Policy #12080, states that the possession, wearing, carrying, transporting, or use of any weapon is generally prohibited on university owned or controlled premises, including vehicles parked on campus and university owned vehicles. There are exceptions to the general prohibition, including the exception required under the new law – lawful carrying of concealed firearms by qualified retired law enforcement officers and enhanced concealed carry license holders. The policy can be found online at http://policy.boisestate.edu/campus-security-and-safety/firearms-weapons-possession/
Q: How does Senate Bill 1389 impact campus?
A: Beginning on July 1, 2016, Idaho Senate Bill 1389 amends Idaho Code §18-3302 to allow concealed carry of handguns by certain individuals without a permit. However, the bill does not amend Idaho Code §18-3309, which requires the University only to allow concealed carry by individuals with enhanced concealed carry permits, and only in certain areas of campus.
Q: Is there anywhere on campus where guns are not allowed (even by enhanced concealed carry license holders)?
A: Weapons, concealed or otherwise, regardless of the license held, are prohibited from (1) all dormitories or residence halls, as well as (2) any building that constitutes a public entertainment facility with a seating capacity of at least one thousand (1,000) persons, including: Albertsons Stadium and its adjoining facilities, Taco Bell Arena and its adjoining facilities, Morrison Center, Bronco Gymnasium, Boas Soccer and Tennis Complex, Dona Larsen Park and the Boise State Student Union Building and its adjoining facilities, and (3) also from the Children’s Center. There are a few exceptions to this prohibition, including possession of weapons by on or off-duty peace officers.
Q: Can I open carry on campus?
A: Open carrying on campus is a violation on University Policy # 12080.
Q: Why do you say that guns are not allowed in the Children’s Center – the new law does not mention it?
A: The new law revised certain statues in the firearms chapter of the code, but the pre-existing statute that prohibits concealed carry of a weapon into a courthouse, jail, or school (I.C. §18-3302C) remains. The Children’s Center meets the definition of a school under that law, so concealed carry is not permitted in the Children’s Center.
Q: Can a weapon be carried in a vehicle?
A: A weapon carried in a vehicle is treated the same as if it is being carried on one’s person. It is against university policy for anyone to carry a weapon in a vehicle, other than law enforcement, unless it is concealed and carried by enhanced concealed carry license holders or qualified retired law enforcement concealed carry license holders. It is against university policy to store a weapon in a vehicle on campus, as well as in a university owned vehicle. Though it violates policy, it is not unlawful to store a concealed firearm in a vehicle if it is disassembled or unloaded.
Q: If anyone (student, staff, faculty or campus visitor) is seen carrying a weapon or a weapon is visible among their belonging, should the police be notified?
A: Yes, this law allows for the carrying of concealed weapons with an enhanced concealed carry license, so if a weapon is seen, the safest course of action here is to call the Boise Police Department by dialing “911” or the Boise State University Department of Public Safety at 208-426-6911. They will respond and make contact with an individual to determine if that person has the appropriate concealed carry license and is carrying a weapon in accordance with the law. All concealed carry license holders are required to carry their licenses on their person if they are also carrying their weapon.
Q: Does a faculty member have the right to exclude a student from class if the student is carrying a concealed weapon?
A: If the student holds an enhanced concealed carry license or is a qualified retired law enforcement concealed carry license holder, and as long as the firearm remains concealed a student may not be excluded from class for carrying a concealed firearm, unless the classroom is within a public entertainment facility or within University housing. A student may be excluded for the concealed carry of any other weapon. If the weapon becomes visible, contact the Boise State Department of Public Safety (208-426-6911) or the Boise Police Department (“9-1-1”) for assistance.
Q: Is there suggested language faculty can use in a syllabus addressing this law?
A: Yes. The Office of the General Counsel suggests the following: Idaho law permits concealed carry of firearms on the Boise State University campus by some students, faculty, staff, and visitors. Other than qualified law enforcement officers, only those persons who have been issued and are in possession of an Idaho enhanced concealed carry license are permitted to do so. Firearms must remain concealed at all times. If a firearm becomes visible, notify the Boise State Department of Public Safety (call 208-426-6911) or the Boise Police Department (call “9-1-1”). Use of firearms is prohibited on campus
Q: Does anyone have the authority to ask an employee or student if he or she is carrying a concealed weapon and if he or she has the appropriate license?
A: Anyone is permitted to ask, but the individual asked is not required to reply unless asked by a campus security officer or police officer.
Q: If living in or visiting the dormitories or residence halls, where does a license holder store/secure their firearm?
A: Since no weapons are allowed in dormitories or residence halls at Boise State University, the firearm must be kept in a location outside of these buildings, and off campus. It is against university policy to have a weapon stored in a vehicle on campus. Though it violates policy, it is not unlawful to store a concealed firearm in a vehicle if it is disassembled and unloaded.
Q: Can an employee or a student bring a concealed weapon to a campus classroom or office?
A: Yes, but only if the employee or student is an enhanced concealed carry license holder or qualified retired law enforcement concealed carry license holder and the firearm is kept concealed at all times and the classroom is not housed in a public entertainment facility or dormitory. Any other weapon is prohibited.
Q: Are there any locations on campus an employee cannot bring a concealed weapon (for meetings, evaluations, training or interviews)?
A: Yes; if the meeting is being held in a public entertainment facility, including: Albertsons Stadium and its adjoining facilities, Taco Bell Arena and its adjoining facilities, Morrison Center, Bronco Gymnasium, Boas Soccer and Tennis Complex, Dona Larsen Park and the Boise State Student Union Building and its adjoining facilities, and also from the Children’s Center, weapons, concealed or otherwise, are not allowed, regardless of the license held. If the event is being held outside of these locations the carrier of the weapon must stay in accordance with the law for carrying a concealed weapon.
Q: Is there an accessible list of registered enhanced concealed carry license holders?
A: No. This information is not a matter of public record.
Q: Can out-of-state visitors carry with their respective state issued permits or licenses?
A: No, concealed carry on Idaho university campuses is only allowed by Idaho enhanced concealed carry license holders I.C. § 18-3302K and the Idaho Retired Law Enforcement Officer License under I.C. § 18-3302H. A person carrying on campus with only another state’s license or permit would be in violation of Idaho law. The out-of-state permit/license holder must obtain an Idaho enhanced concealed carry license in order to carry a concealed weapon on the Boise State campus.
Q: What exactly does “concealed carry” mean? What can license holders do to keep an item concealed?
A: The law does not define what “concealed” means, but license holders must make a reasonable attempt to keep the weapon from view (e.g., under a coat/jacket, inside a bag/back pack). The law requires that the firearm be carried on the license holder’s person, which means in his or her physical possession.
Q: What is considered a weapon? What weapons are covered under the enhanced concealed carry license?
A: Any animate or inanimate device, instrument, material, or substance used for, or is readily capable of causing death or serious bodily injury is considered a weapon. This includes any device that is “deadly or dangerous” under Idaho Code § 18-3302D(2)(a), as well as replicas or facsimiles that may be perceived as a weapon. This includes incendiary devices and explosives. However, only firearms are covered by the enhanced concealed carry statute; all other weapons are still prohibited.
Q: What steps do people have to take to obtain an enhanced concealed carry license?
A: Please see Idaho Code Section 18-3302K and 18-3302H.
Q: May I use my weapon as a means of defense if there are shots being fired?
A: A weapon may be used in self-defense only as allowed by law. By doing so, the persons acting is doing so as a private citizen and not as an authorized agent of the University.
If you have a safety concern, please contact the Boise State University Department of Public Safety at 208-426-6911 or Boise Police at 9-1-1.
For questions regarding the campus policy, contact the Office of the General Counsel at 208-426-1203.
For more information, please visit:
Boise State University Weapons Policy: http://policy.boisestate.edu/campus-security-and-safety/firearms-weapons-possession/
The Boise State University Department of Public Safety Weapons Page: https://security.boisestate.edu/
Boise Police Department: http://police.cityofboise.org/