FAQ
WHAT IS THE CAMPUS POLICY REGARDING THE LAW? CAN I ACCESS THE POLICY?
University policy 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.
WHAT DOES IDAHO CODE ALLOW?
Idaho Code §18-3309 allows the Idaho State Board of Education to make rules relating to firearms on campus, subject to limitations related to concealed carry by certain individuals; the Idaho State Board of Education in turn delegates that authority to each institution. Idaho Code §18-3309 requires the University only to allow concealed carry by individuals with enhanced concealed carry permits, and only in certain areas of campus.
IS THERE ANYWHERE ON CAMPUS WHERE GUNS ARE NOT ALLOWED (EVEN BY ENHANCED CONCEALED CARRY LICENSE HOLDERS)?
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, ExtraMile 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 exceptions to the general prohibition including:
- Police Officers. Lawful possession of weapons by a full-time sworn police officer, level I reserve officers, and qualified law enforcement officers, such as officers defined in 18 U.S.C. § 926B whether in uniform or plain clothes with proper identification regardless of duty status.
- Armored Transport Personnel. On-duty armored transport personnel.
- Concealed Carry by Retired Law Enforcement. A qualified retired law enforcement officer can carry concealed weapon(s), as defined in Idaho Code §18-3302H.
- Permission from Associate Vice President (AVP). A weapon in the possession of a person who has received prior written authorization from the AVP of Public Safety.
- Reserve Officers’ Training Corps (ROTC). The lawful possession of a Weapon by members of the ROTC program, when directed by a provision of the program and with permission from the Associate Vice President of Public Safety.
- Concealed Carry Subjects with Enhanced Concealed Firearm Permit. The lawful carrying of concealed firearms by a person who holds an enhanced license to carry concealed Weapons, as described in Idaho Code §18-3302K. However, it is not lawful for a person issued a license under the provisions of Idaho Code §18-3302K to carry a firearm within a student dormitory or residence hall, or within any building of a public entertainment facility. A specific list of buildings that are restricted from an enhanced concealed carry weapon are included in University Policy #12080
Additional exceptions for weapons other than firearms include:
- Personal protection pepper spray, e.g. Oleoresin Capsicum or OC, may be carried on campus, but not into campus entertainment facilities with a seating capacity of at least one thousand (1,000) persons as named in Section 4.2.g.(ii) of the policy.
- Household knives intended to be used for, and actually used for, the express purpose of cooking and eating.
It is not lawful for any person to carry a concealed Weapon when intoxicated under the influence of drugs or alcohol.
CAN I OPEN CARRY ON CAMPUS?
Open carrying on campus is a violation on University Policy #12080.
Exceptions to the open carry gun policy include:
- Police Officers. Lawful possession of weapons by a full-time sworn police officer, level I reserve officers, and qualified law enforcement officers, such as officers defined in 18 U.S.C. § 926B whether in uniform or plain clothes with proper identification regardless of duty status.
- Armored Transport Personnel. On-duty armored transport personnel.
- Permission from Associate Vice President (AVP). A weapon in the possession of a person who has received prior written authorization from the AVP of Public Safety.
- Reserve Officers’ Training Corps (ROTC). The lawful possession of a Weapon by members of the ROTC program, when directed by a provision of the program and with permission from the Associate Vice President of Public Safety.
WHY DO YOU SAY THAT GUNS ARE NOT ALLOWED IN THE CHILDREN’S CENTER?
The pre-existing statues in the firearms chapter of the code that prohibits concealed carry of a weapon into a courthouse, jail, or school (I.C. §18-3302C) remain. The Children’s Center meets the definition of a school under that law, so Weapons are not permitted in the Children’s Center.
CAN A WEAPON BE CARRIED IN A VEHICLE?
Generally, 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 certain exceptions:
There are exceptions to the general prohibition including:
- Police Officers. Lawful possession of weapons by a full-time sworn police officer, level I reserve officers, and qualified law enforcement officers, such as officers defined in 18 U.S.C. § 926B whether in uniform or plain clothes with proper identification regardless of duty status.
- Armored Transport Personnel. On-duty armored transport personnel.
- Concealed Carry by Retired Law Enforcement. A qualified retired law enforcement officer can carry concealed weapon(s), as defined in Idaho Code §18-3302H.
- Permission from Associate Vice President (AVP). A weapon in the possession of a person who has received prior written authorization from the AVP of Public Safety.
- Reserve Officers’ Training Corps (ROTC). The lawful possession of a Weapon by members of the ROTC program, when directed by a provision of the program and with permission from the Associate Vice President of Public Safety.
- Concealed Carry Subjects with Enhanced Concealed Firearm Permit. The lawful carrying of concealed firearms by a person who holds an enhanced license to carry concealed Weapons, as described in Idaho Code §18-3302K. However, it is not lawful for a person issued a license under the provisions of Idaho Code §18-3302K to carry a firearm within a student dormitory or residence hall, or within any building of a public entertainment facility. A specific list of buildings that are restricted from an enhanced concealed carry weapon are included in University Policy #12080
Additional exceptions for weapons other than firearms include:
- Personal protection pepper spray, e.g. Oleoresin Capsicum or OC, may be carried on campus, but not into campus entertainment facilities with a seating capacity of at least one thousand (1,000) persons as named in Section 4.2.g.(ii) of the policy.
- Household knives intended to be used for, and actually used for, the express purpose of cooking and eating.
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.
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?
Yes, Idaho law allows for the carrying of concealed Weapons by certain individuals, so if a Weapon is seen, the safest course of action is to call the Boise State University Department of Public Safety at 208-426-6911 or the Boise Police Department by dialing “9-1-1” for emergency situations. 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.
DOES A FACULTY MEMBER HAVE THE RIGHT TO EXCLUDE A STUDENT FROM CLASS IF THE STUDENT IS CARRYING A CONCEALED WEAPON?
If the student meets the exception to the policy 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 at 208-426-6911 or the Boise Police Department at “9-1-1” for emergency situations.
IS THERE SUGGESTED LANGUAGE FACULTY CAN USE IN A SYLLABUS ADDRESSING THIS LAW?
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. Except for when they are in the possession of qualified law enforcement personnel, firearms must remain concealed at all times. If a firearm becomes visible, notify the Boise State Department of Public Safety at 208-426-6911 or the Boise Police Department at “9-1-1”.
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?
Anyone is permitted to ask, but the individual asked is not required to reply unless asked by a Department of Public Safety personnel or a police officer.
IF LIVING IN OR VISITING THE DORMITORIES OR RESIDENCE HALLS, WHERE DOES A LICENSE HOLDER STORE/SECURE THEIR FIREARM?
Since no Weapons are allowed in dormitories or residence halls at Boise State University (except for in the possession of a qualified law enforcement personnel), any firearm must be kept in a location outside of these buildings, and off campus (unless in the possession of a qualified law enforcement personnel).
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.
CAN AN EMPLOYEE OR A STUDENT BRING A CONCEALED WEAPON TO A CAMPUS CLASSROOM OR OFFICE?
Yes, but only if they meet the following criteria:
- Police Officers. Lawful possession of weapons by a full-time sworn police officer, level I reserve officers, and qualified law enforcement officers, such as officers defined in 18 U.S.C. § 926B whether in uniform or plain clothes with proper identification regardless of duty status.
- Armored Transport Personnel. On-duty armored transport personnel.
- Concealed Carry by Retired Law Enforcement. A qualified retired law enforcement officer can carry concealed weapon(s), as defined in Idaho Code §18-3302H.
- Permission from Associate Vice President (AVP). A weapon in the possession of a person who has received prior written authorization from the AVP of Public Safety.
- Reserve Officers’ Training Corps (ROTC). The lawful possession of a Weapon by members of the ROTC program, when directed by a provision of the program and with permission from the Associate Vice President of Public Safety.
- Concealed Carry Subjects with Enhanced Concealed Firearm Permit. The lawful carrying of concealed firearms by a person who holds an enhanced license to carry concealed Weapons, as described in Idaho Code §18-3302K. However, it is not lawful for a person issued a license under the provisions of Idaho Code §18-3302K to carry a firearm within a student dormitory or residence hall, or within any building of a public entertainment facility. A specific list of buildings that are restricted from an enhanced concealed carry weapon are included in University Policy #12080
Weapons of any kind, 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, ExtraMile 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.
Additional exceptions for weapons other than firearms include:
- Personal protection pepper spray, e.g. Oleoresin Capsicum or OC, may be carried on campus, but not into campus entertainment facilities with a seating capacity of at least one thousand (1,000) persons as named in Section 4.2.g.(ii) of the policy.
- Household knives intended to be used for, and actually used for, the express purpose of cooking and eating.
ARE THERE ANY LOCATIONS ON CAMPUS AN EMPLOYEE CANNOT BRING A CONCEALED WEAPON (FOR MEETINGS, EVALUATIONS, TRAINING OR INTERVIEWS)?
Yes; Weapons of any kind, 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, ExtraMile 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.
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.
There are exceptions to the general prohibition including:
- Police Officers. Lawful possession of weapons by a full-time sworn police officer, level I reserve officers, and qualified law enforcement officers, such as officers defined in 18 U.S.C. § 926B whether in uniform or plain clothes with proper identification regardless of duty status.
- Armored Transport Personnel. On-duty armored transport personnel.
- Concealed Carry by Retired Law Enforcement. A qualified retired law enforcement officer can carry concealed weapon(s), as defined in Idaho Code §18-3302H.
- Permission from Associate Vice President (AVP). A weapon in the possession of a person who has received prior written authorization from the AVP of Public Safety.
- Reserve Officers’ Training Corps (ROTC). The lawful possession of a Weapon by members of the ROTC program, when directed by a provision of the program and with permission from the Associate Vice President of Public Safety.
- Concealed Carry Subjects with Enhanced Concealed Firearm Permit. The lawful carrying of concealed firearms by a person who holds an enhanced license to carry concealed Weapons, as described in Idaho Code §18-3302K. However, it is not lawful for a person issued a license under the provisions of Idaho Code §18-3302K to carry a firearm within a student dormitory or residence hall, or within any building of a public entertainment facility. A specific list of buildings that are restricted from an enhanced concealed carry weapon are included in University Policy #12080
IS THERE AN ACCESSIBLE LIST OF REGISTERED ENHANCED CONCEALED CARRY LICENSE HOLDERS?
No. This information is not a matter of public record.
CAN OUT-OF-STATE VISITORS CARRY WITH THEIR RESPECTIVE STATE ISSUED PERMITS OR LICENSES?
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.
WHAT EXACTLY DOES “CONCEALED CARRY” MEAN? WHAT CAN LICENSE HOLDERS DO TO KEEP AN ITEM CONCEALED?
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/backpack). The law requires that the firearm be carried on the license holder’s person or with them if in their vehicle, which means in their physical possession.
WHAT IS CONSIDERED A WEAPON? WHAT WEAPONS ARE COVERED UNDER THE ENHANCED CONCEALED CARRY LICENSE?
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.
WHAT STEPS DO PEOPLE HAVE TO TAKE TO OBTAIN AN ENHANCED CONCEALED CARRY LICENSE?
MAY I USE MY WEAPON AS A MEANS OF DEFENSE IF THERE ARE SHOTS BEING FIRED?
A Weapon may be used in self-defense only as allowed by law. By doing so, the person acting is doing so as a private citizen and not as an authorized agent of the University.