Public road goes through campus. Can I cc?

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Thread: Public road goes through campus. Can I cc?

  1. #1
    Member Array pacman's Avatar
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    Public road goes through campus. Can I cc?

    Just wondering if anybody happens to already know, or can help point me toward the right place to find out the current correct information regarding this.

    There is a public city street in my town that passes around and through the local college campus. The road begins and ends off campus, it just passes through at one point. I sometimes drive through there, and ride a bicycle through there as well.

    Now I don't believe firearms are allowed on campuses in Idaho, but would passing through on a city street be considered illegal? I have looked on handgunlaw.us and the closest I can find is the mention of public and private schools, stating that firearms are not allowed on the property unless in your vehicle while picking up or dropping off a student.

    Any help please.

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    Distinguished Member Array tcox4freedom's Avatar
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    Read it for yourself-

    Taken directly from the source- Statutes

    18-3302D. POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY.
    (1) (a) It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation.
    (b) The provisions of this section regarding the possession of a firearm or other deadly or dangerous weapon on school property shall also apply to students of schools while attending or participating in any school sponsored activity, program or event regardless of location.
    (2) Definitions. As used in this section:
    (a) "Deadly or dangerous weapon" means any weapon as defined in 18 U.S.C. section 930;
    (b) "Firearm" means any firearm as defined in 18 U.S.C. section 921;
    (c) "Minor" means a person under the age of eighteen (18) years;
    (d) "Possess" means to bring an object, or to cause it to be brought, onto the property of a public or private elementary or secondary school, or onto a vehicle being used for school provided transportation, or to exercise dominion and control over an object located anywhere on such property or vehicle. For purposes of subsection (1)(b) of this section, "possess" shall also mean to bring an object onto the site of a school sponsored activity, program or event, regardless of location, or to exercise dominion and control over an object located anywhere on such a site;
    (e) "School" means a private or public elementary or secondary school.
    (3) Right to search students or minors. For purposes of enforcing the provisions of this section, employees of a school district shall have the right to search all students or minors, including their belongings and lockers, that are reasonably believed to be in violation of the provisions of this section, or applicable school rule or district policy, regarding the possessing of a firearm or other deadly or dangerous weapon.
    (4) The provisions of this section shall not apply to the following persons:
    (a) A peace officer;
    (b) A person who lawfully possesses a firearm or deadly or dangerous weapon as an appropriate part of a program, an event, activity or other circumstance approved by the board of trustees or governing board;
    (c) A person or persons complying with the provisions of section 19-202A, Idaho Code;
    (d) Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, nonthreatening manner;
    (e) A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity;
    (f) Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.
    (5) Penalties. Persons who are found guilty of violating the provisions of this section may be sentenced to a jail term of not more than one (1) year or fined an amount not in excess of one thousand dollars ($1,000) or both. If a violator is a student and under the age of eighteen (18) years, the court may place the violator on probation and suspend the juvenile detention or fine or both as long as the violator is enrolled in a program of study recognized by the court that, upon successful completion, will grant the violator a general equivalency diploma (GED) or a high school diploma or other educational program authorized by the court. Upon successful completion of the terms imposed by the court, the court shall discharge the offender from serving the remainder of the sentence. If the violator does not complete, is suspended from, or otherwise withdraws from the program of study imposed by the court, the court, upon receiving such information, shall order the violator to commence serving the sentence provided for in this section.

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    Member Array pacman's Avatar
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    It is clear about "school" property. I am left with two questions still.

    1. Is the public road considered school property?
    2. Is a college considered a "school"?

    It does say "school" is defined as any elementary or secondary school.

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    VIP Member Array rammerjammer's Avatar
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    I think that as long as you stay on the road and don't get out of the car armed you would be ok. My alma mater's campus is split by a few major roads and should be considered city property, not university. But, you may want to check with an attorney just to be on the safe side.
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    Senior Member Array tubadude's Avatar
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    The boundary between my school and town is non existent. I just don't carry in any building owned by the university.

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    VIP Member Array Badey's Avatar
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    College carry is legal in ID, so it doesn't matter. Here is a link to a map that shows where college carry is legal.

    OpenCarry.org - A Right Unexercised is a Right Lost!
    Last edited by Badey; April 24th, 2012 at 01:28 PM. Reason: add text
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    Ex Member Array barstoolguru's Avatar
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    If it's a public road and maintained by the public and not college property you are good to drive it. Just because a road passes through private land it doesn't mean it is private property. Now if it's an easement for public use it falls under college rules too
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    If the road is in fact a public thoroughfare then you are not on school property. Call the city department of public services, they can tell you if it is city or school property, if it city property, they will do the upkeep and repairs on it. If it is school property, they are responsible for maintenance of it.
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    Member Array Cattus Vir's Avatar
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    I think as long as your just passing through in your car you should be ok. The bicycle may be a different story in your local LEO's eyes.

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    Senior Member Array JJVP's Avatar
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    Quote Originally Posted by tcox4freedom View Post
    Read it for yourself-Taken directly from the source- Statutes
    That does not apply. He said it was a university. The statue you posted covers primary and secondary schools only.

    "(e)**"School" means a private or public elementary or secondary school."

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    Member Array pacman's Avatar
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    I am going to call the city clerk in a minute and ask about the public property vs public easement situation. Here is a link to the google map of the location. Basically it is River Ave all around the North Idaho College campus. I don't normally ride directly through, but have been known to on occasion.

    http://g.co/maps/knjhz



    ** Well the city just told me that River Ave is a public city street. The property the street is on is not owned by the college, there is not an easement. It is public property. ***

    I believe this answers the question.
    Last edited by pacman; April 24th, 2012 at 08:18 PM.
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  13. #12
    Distinguished Member Array tcox4freedom's Avatar
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    Quote Originally Posted by pacman View Post
    I am going to call the city clerk in a minute and ask about the public property vs public easement situation. Here is a link to the google map of the location. Basically it is River Ave all around the North Idaho College campus. I don't normally ride directly through, but have been known to on occasion.

    river ave, coeur d'alene idaho - Google Maps





    ** Well the city just told me that River Ave is a public city street. The property the street is on is not owned by the college, there is not an easement. It is public property. ***

    I believe this answers the question.


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    Distinguished Member Array Diddle's Avatar
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    Similar situation. Cooper drive in Lexington KY is a highly traveled road and is a main thoroughfare. It goes right through the UK Campus. With thousands of vehicles crossing there daily I feel confident many vehicles carry armed individuals. In my town, the Main Drag goes right through Berea college. Two other schools and a number of daycare centers are less than 500ft from other main artires.
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    VIP Member Array Badey's Avatar
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    apparently the fact that college carry is legal in ID isn't enough to make carrying on a road through the campus legal??
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