(This document as an MSWord file.)

In re Board of Regents Policy Implementing HB 102

DRAFT

This policy applies to qualified employees of the Montana university system and to qualified students enrolled in a unit of the Montana university system, any time such employee or student is physically present on campus.  Any permission or allowance under this policy pertains to employees or students who are legally eligible to possess firearms and who have met one of the minimal safety training requirements specified in 45-8-321(3).  Employees or students who are not so qualified are subject to more strict limitations on conduct.

From HB 102:
Section 6. Regulation of firearms prohibited for certain people -- exceptions. (1) Except as provided in subsection (2), the board of regents and any unit of the university system may not regulate, restrict, or place an undue burden on the possession, transportation, or storage of firearms on or within university system property by a person eligible to possess a firearm under state or federal law and meeting the minimum safety and training requirements in 45-8-321(3).

COMMENT:  45-8-321(3) requires demonstrating familiarity with a firearm by any one of the following:

(a) completion of a hunter education or safety course approved or conducted by the department of fish, wildlife, and parks or a similar agency of another state;

(b) completion of a firearms safety or training course approved or conducted by the department of fish, wildlife, and parks, a similar agency of another state, a national firearms association, a law enforcement agency, an institution of higher education, or an organization that uses instructors certified by a national firearms association;

(c) completion of a law enforcement firearms safety or training course offered to or required of public or private law enforcement personnel and conducted or approved by a law enforcement agency;

(d) possession of a license from another state to carry a firearm, concealed or otherwise, that is granted by that state upon completion of a course described in subsections (3)(a) through (3)(c); or

(e) evidence that the applicant, during military service, was found to be qualified to operate firearms, including handguns.

Any person who has a valid Montana concealed weapon permit has satisfied this requirement in order to obtain the permit under Montana law.

From HB 102:
(2) The board of regents or a unit of the university system may prohibit or regulate the following:

(a) the discharge of a firearm on or within university system property unless the discharge is done in self-defense;

COMMENT:  Any firearm discharge on university property not done in self-defense, including a negligent discharge or an accidental discharge, would be grounds for university discipline.

(b) the removal of a firearm from a gun case or holster unless the removal is done in self-defense or within the domicile on campus of the lawful possessor of the firearm;

COMMENT:  Outside of a domicile, this precludes "brandishing," and "show-and-tell," and any other open display of an uncased or unholstered firearm, unless done in legitimate self defense.

(c) the pointing of a firearm at another person unless the lawful possessor is acting in self-defense;

COMMENT:  Firearm safety 101.  All guns are considered to be loaded.  Never allow the muzzle to point at or sweep across another person.

(d) the carrying of a firearm outside of a domicile on campus unless the firearm is within a case or holster;

COMMENT:  The primary concern with this item is safety.  A case will usually fully enclose a firearm.  A suitable holster should cover the firearm trigger guard and should retain the firearm sufficiently to prevent accidental dropage.  Secondarily, it is courteous to avoid panicking people who have not yet assimilated into Montana culture and who may have an irrational fear of visible firearms.  This rule will preclude carrying a firearm in a pocket or tucked into a waistband.  It will not preclude carrying a firearm in a briefcase, backpack, or purse.

(e) the failure to secure a firearm with a locking device whenever the firearm is not in the possession of or under the immediate control of the lawful possessor of the firearm;

COMMENT:  A firearm on university property must either be within the immediate physical control (on the person or within arms reach) of the person legally in possession of the firearm, or it must be secured with a suitable locking device.  A suitable locking device could include a trigger lock, a cable lock, a locking clamshell device, a locking firearm case, or for a firearm to be locked within some other container such as a desk drawer, a storage closet, or a room that is accessible only by the person legally in possession of the firearm.

(f) the possession or storage of a firearm in an on-campus dormitory or housing unit without the express permission of any roommate of the lawful possessor of the firearm;

COMMENT:  In shared residential quarters, any roommates must be agreeable to having a firearm stored in the quarters.

(g) the possession or storage of a firearm by any individual who has a history of adjudicated university system discipline arising out of the individual's interpersonal violence or substance abuse;

COMMENT:  The university system may prohibit firearms carried or stored on university property by a person who fits the description above.

(h) the possession of a firearm at an event on campus where campus authorities have authorized alcohol to be served and consumed; and

COMMENT:  The university system may prohibit firearms at campus events where agent(s) of the university have authorized alcohol to be served and consumed.

(i) the possession of a firearm at an athletic or entertainment event open to the public with controlled access and armed security on site.

COMMENT:  At athletic events (e.g., games) or entertainment events (e.g., concerts), a university may prohibit firearms if the event is open to the public, if access is controlled (limited and staffed access points), and if armed security is provided and present.

End