Individual Safety and Self Defense in State University Campus
Enclaves
NEW SECTION. Section 1. Title. This act is referred to as the
"Higher Education Rights Restoration Act."
NEW SECTION. Section 2. Declarations of legislative authority and findings.
The Legislature declares its authority to protect individual
possession of firearms on university campuses as follows:
a. The Board of Regents is given significant authority to manage
the affairs of the Montana university system at Article X, Section
9 of the Montana Constitution;
b. The people of Montana have reserved to themselves from
government interference the right to keep or bear arms, which
right is secured by Article II, Section 12 of the Montana
Constitution;
c. Although the Board of Regents is given considerable
authority to manage the university system, it is not given the
power to amend, suspend or abrogate any part of the Montana
Constitution, or to deny individuals the rights the people have
reserved to themselves from government interference in the Montana
Constitution;
d. In D.C. v. Heller,
the United States Supreme Court affirmed that the Second Amendment
to the United States Constitution reserves to individuals the
fundamental right to keep and bear arms for self defense;
e. In McDonald v. Chicago,
the United States Supreme Court affirmed that the Second Amendment
to the United States Constitution is applicable as a restriction
upon state and local governments, and all political subsets of
state and local government, via the Fourteenth Amendment;
f. Although the Board of Regents is given considerable
authority to manage the university system, it is not given the
power to amend, suspend or abrogate any part of the United States
Constitution, or to deny individuals the rights they have reserved
to themselves from government interference in the United States
Constitution;
g. The Legislature finds that any significant prohibition
upon the possession of firearms at or upon the various campuses of
the Montana university system is an infringement upon the rights
the people have reserved to themselves from government
interference under the Second Amendment to the United States
Constitution;
h. The Legislature finds that any significant prohibition
upon the possession of firearms at or upon the various campuses of
the Montana university system calls into question the rights the
people have reserved to themselves from government interference
under Article II, Section 12 of the Montana Constitution;
i. The Legislature finds that purported "gun free
zones" are dangerous to the health and safety of citizens because
such zones create an unreasonable expectation of
government-provided safety in such zones, safety that cannot be
provided and assured;
j. The Legislature wishes to save university system
prerogative, as far as that may be done in light of D.C. v. Heller and McDonald v. Chicago, with
carefully crafted supervisory policy designed to withstand
challenge; and
k. The Legislature finds that "shall not be infringed" and
"shall not be called into question" establish a judicial review
standard for any government curtailment of the right to keep
and/or bear arms the people have reserved to themselves under the
Montana and United States constitutions, and that any such
curtailment must, at a minimum, be narrowly tailored to meet a
compelling government interest.
NEW SECTION. Section 3. Exception to 45-8-351.
Any restrictions upon the possession of firearms enacted by a city
or county under the authority of 45-8-351 do not apply to any
buildings or property owned by the state which are a part of any
element of the university system.
NEW SECTION. Section 4. Regulation and restrictions
prohibited; exceptions. The board of regents and
units of the university system may not regulate or restrict any
possession of any firearms in any way, except the board of regents
or a unit of the university system may prohibit or regulate, only
upon or within university system property:
a. The discharge of firearms, unless such discharge is done
in self defense;
b. Removing firearm from a gun case or holster, unless done
in self defense, or unless done within the domicile on campus of
the lawful possessor of the firearm;
c. Pointing a firearm at another person, unless done in self
defense;
d. Carrying any firearm outside of a domicile, unless that
firearm is within a case or holster;
e. Failure to secure a firearm with some locking device when
the firearm is not in the possession of or under the immediate
control of the lawful possessor of that firearm;
f. In dormitory circumstances, required permission of any
roommate for a student to keep one or more firearms in the
domicile;
g. If a person subject to university system discipline has a
history of completed disciplinary action arising out of the
person's interpersonal violence; and/or
h. At a specific event on campus where alcohol is served or
consumed.
NEW SECTION. Section 5. Remedy. Any person who's
constitutional rights protected under [this section] are denied or
delayed has a cause of action against one or more employees of the
university system who denied or delayed such rights, or who was
responsible for such delay or denial. Such cause of action
shall be filed in state district court. If a person
asserting a delay or denial of rights prevails, that person shall
be awarded reasonable costs and attorney fees and compensatory
damages. If the jury hearing the case, in the sole
discretion of the jury, should find that any such delay or denial
is wanton, done with careless disregard, or is egregious, the jury
may award treble all damages.