(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