<div dir="ltr"><p class="MsoNormal" align="center" style="text-align:center"><b><span style="font-size:12pt;font-family:Georgia,serif">Options
for Idaho Faculty and Firearms in their Classrooms</span></b><span style="font-size:12pt;font-family:Georgia,serif"></span></p>
<p class="MsoNormal" align="center" style="text-align:center"><span style="font-size:12pt;font-family:Georgia,serif"> </span></p>
<p class="MsoNormal" align="center" style="text-align:center"><span style="font-size:12pt;font-family:Georgia,serif">By Nick Gier, President,
Idaho Federation of Teachers</span></p>
<p class="MsoNormal" align="center" style="text-align:center"><span style="font-size:12pt;font-family:Georgia,serif"> </span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> The presidents and their faculty at Idaho’s colleges and
universities voiced their strong opposition, but the Idaho Legislature nevertheless passed Senate
Bill 1254 allowing firearms in our classrooms. The UI faculty union has hired
an attorney to research the legal options for Idaho teachers, and I will now
summarize his legal memo on this vital matter.
See the complete document attached.</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> In 2008 the U. S. Supreme Court ruled in <i>District of Columbia v. Heller</i> that the
Second Amendment right to bear arms may be limited in some instances. Specifically, the good justices stated that
laws that prohibit firearms in schools and government buildings are
constitutional. They also concluded that laws “imposing conditions and
qualifications on the commercial sale of arms” may be allowed.</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> In 2010 the Supreme Court reaffirmed <i>Heller</i> in <i>MacDonald vs. City
of Chicago</i>, ruling that <i>Heller</i>
applies to state governments. The
justices reiterated their exclusion of carrying weapons in schools and
government buildings from Second Amendment protection. In its passionate Second Amendment
absolutism, the Idaho Legislature ignored conservative jurists on the highest
court in the land.</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> With regard to Idaho’s Constitution and the right to bear
arms, our attorney noted that Idaho laws currently ban “firearms in public
schools and most county courthouses, including the Latah County Courthouse. . .
, and my best educated guess is that a university ban on firearms does not
violate Idaho’s ‘Second Amendment.’”</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> Our attorney argues that the UI could have used its
constitutional status as a means to
nullify Idaho Senate Bill 1254. The UI
was established in 1889, one year before the state of Idaho. The Idaho Constitution includes the UI
Constitution, which entrusts the UI Regents with ultimate power to make
decisions for the University. Theoretically and legally, the UI Counsel’s
office could have advised the UI Regents to refuse to implement Senate Bill
1254.</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> Our attorney cites four Idaho Supreme Court decisions
that upheld the UI’s status as a separate legal entity. For example, there is
the 1921 case of <i>Black v. State Board of
Education</i>, in which the Idaho Supreme Court ruled that the UI could not be
compelled to hand over money from the sale of its property to the state. The justices’ reasoning was that the UI, having
its own constitution, is “not subject to the control or supervision of any
other branch, board or department of the state government, but is a separate
entity.”</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> Idaho Senate Bill 1254 does exclude firearms from student
dormitories and public entertainment facilities of over 1,000 seats. Other than
these exceptions, however, our attorney states that the breath of this new law
is “quite extraordinary.” A person with
an “enhanced concealed carry permit” does not actually have to conceal the
weapon. Our attorney explains that a
person “will be allowed to walk around campus and into classrooms with a gun in
plain view, and the UI cannot regulate this in any way.”</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> While our attorney believes that Senate Bill 1254
violates the UI’s own constitutional right to administer its own affairs, he
does not believe that it would be advisable for any faculty member or faculty
group to sue the State of Idaho. First,
as odd as it sounds, we may not have legal standing to do so. Second, even if
faculty succeed in challenging the law, the UI itself has already decided to
comply with the law, and there is obviously nothing illegal or unconstitutional
about its doing so. </span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> Another legal alternative is to require that students
attending Idaho’s colleges and universities sign a contract stipulating that
they may not bring firearms to class. In <i>George
v. University of Idaho</i> the Idaho Supreme Court ruled that “the principal
relationship between a college and its students is contractual.” Our attorney,
however, concedes that “not all contracts are legal or enforceable. Agreements which violate public policy or law
are sometimes held to be illegal contracts.”</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> Alternatively, Idaho faculty could
argue that Senate Bill 1254 violates their own contracts with their
institutions. University policy manuals are considered part of a faculty
member’s contract, and the UI <i>Faculty-Staff
Handbook</i> states that the UI “will foster an academic environment conducive
to the students’ mental, physical, and social development and well-being” (Sec.
1320 E-1).</span></p>
<p class="MsoNormal" style="text-indent:0.5in;line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif">The <i>Handbook</i> also
states that “certain forms of responsible conduct must be adhered to in order
to ensure the physical functioning and safety or security of the [UI]
community”(Sec. 2300 Art. VI, Sec. 1).
Faculty members could very well argue that their contractual duties promoting
student well-being and maintaining classroom security are violated by Senate
Bill 1254.</span></p>
<p class="MsoNormal" style="line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"> Most Idaho faculty receive an annual
contract stating their salary and conditions of employment. Before signing, language such as the
following could be added: “I reserve the right to control what objects and
materials students may bring into the classroom.” </span></p>
<p class="MsoNormal" style="text-indent:0.5in;line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif">Asserting their own autonomy, faculty members could also put
up a sign “no weapons allowed” on their classroom doors, or they could offer an
equivalent on-line course to arms-carrying students. They could also request
that their classes be held in one of the large halls exempted under the new
law. </span></p>
<p class="MsoNormal" style="text-indent:0.5in;line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif">As we are unsure about the success of any legal action
against the state, we recommend that Idaho faculty, if they so desire, follow
through with some of these contractual options or classroom strategies.</span></p>
<p class="MsoNormal" style="text-indent:0.5in;line-height:150%"><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif">Nick Gier is President of the Idaho Federation of Teachers,
AFT/AFL-CIO. He taught philosophy at the
University of Idaho for 31 years.</span><span style="font-size:12pt;line-height:150%;font-family:Georgia,serif"></span></p></div>