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.