Full Text of HB1155 98th General Assembly
HB1155ham010 98TH GENERAL ASSEMBLY | Rep. Naomi D. Jakobsson Filed: 2/25/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1155
| 2 | | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | 3 | | inserting the following in its proper numeric sequence:
| 4 | | "Section 90. Firearm carry prohibition; community college; | 5 | | college; university.
| 6 | | (a) Nothing in this Act shall preempt, abridge, limit, or | 7 | | diminish the authority of community colleges, and public and | 8 | | private colleges and universities from prohibiting, | 9 | | restricting or otherwise regulating firearms on or in close | 10 | | proximity to their campuses, grounds and other property, | 11 | | including but not limited to sidewalks, commons, and highways, | 12 | | owned by the school district, community college, or public or | 13 | | private college or university or in buildings used in whole or | 14 | | in part for housing, classrooms, laboratories, medical | 15 | | clinics, hospitals, and artistic, athletic and entertainment | 16 | | venues; or on or in property owned, controlled or leased by | 17 | | officially recognized student organizations or officially |
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| 1 | | recognized university-related organizations. | 2 | | (b) Nothing in this Act shall preempt, abridge, limit or | 3 | | diminish the authority of community colleges, and public and | 4 | | private colleges and universities from prohibiting persons | 5 | | from carrying a firearm into a vehicle owned, leased or | 6 | | controlled by the school districts, community colleges, or | 7 | | public or private college or universities regardless of where | 8 | | the vehicle travels. School districts, community colleges, and | 9 | | public or private colleges or universities may develop | 10 | | resolutions, regulations, or policies regarding the storage | 11 | | and maintenance of firearms, including but not limited to | 12 | | designating areas where individuals may park vehicles that | 13 | | carry firearms. These resolutions, regulations, or policies | 14 | | may specify that persons in violation of the resolutions, | 15 | | regulations, or policies may be denied entrance to the campus, | 16 | | grounds, building, vehicles or other property and subjected to | 17 | | a civil fine of no more than $1,500 for any violation of the | 18 | | provisions of the resolution, regulation, or policy. | 19 | | (c) Nothing in this Act shall preempt, abridge, limit, or | 20 | | diminish the authority of community colleges, and public or | 21 | | private colleges or universities from taking actions | 22 | | proscribed by their resolutions, regulations, or policies | 23 | | against violations of the resolutions, regulations, or | 24 | | policies, which may qualify as student, employee, or visitor | 25 | | misconduct and may result in discipline, including, but not | 26 | | limited to, expulsion from the school district, community |
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| 1 | | college, or public or private college or university, | 2 | | termination of employment or appointment, or suspension or | 3 | | banning from the school district, community college, or public | 4 | | or private college or university campuses, grounds and other | 5 | | property. | 6 | | (d) Nothing in this Act shall preempt, abridge, limit, or | 7 | | diminish the authority of community colleges, and public or | 8 | | private colleges and universities from permitting the carrying | 9 | | or use of firearms for the purposes of instruction and | 10 | | curriculum of officially recognized programs, such as military | 11 | | science programs. These programs shall be authorized by the | 12 | | chief executive officer of the community college, or public or | 13 | | private college or university or his or her designee. | 14 | | (e) The United States Supreme Court in District of Columbia | 15 | | v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized | 16 | | that the Second Amendment to the United States Constitution | 17 | | does not confer an unlimited right and that states may prohibit | 18 | | the carrying of firearms in sensitive places. The Supreme Court | 19 | | stated in the Heller decision: "Although we do not undertake an | 20 | | exhaustive historical analysis today of the full scope of the | 21 | | Second Amendment, nothing in our opinion should be taken to | 22 | | cast doubt on longstanding prohibitions on the possession of | 23 | | firearms by felons and the mentally ill, or laws forbidding the | 24 | | carrying of firearms in sensitive places such as schools and | 25 | | government buildings . . ." The Supreme Court also noted in a | 26 | | footnote referencing this statement in the Heller decision |
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| 1 | | that: "We identify these presumptively lawful regulatory | 2 | | measures only as examples; our list does not purport to be | 3 | | exhaustive."
This recognition was reiterated by the U. S. | 4 | | Supreme Court in McDonald v. the City of Chicago, 561 U.S. | 5 | | 3025, 130 S.Ct. 3020 (2010), which incorporated the Second | 6 | | Amendment against state action. The Supreme Court again stated: | 7 | | "We made it clear in Heller that our holding did not cast doubt | 8 | | on such longstanding regulatory measures as "prohibitions on | 9 | | the possession of firearms by felons and the mentally ill," | 10 | | "laws forbidding the carrying of firearms in sensitive places | 11 | | such as schools and government buildings . . . We repeat those | 12 | | assurances here." Further, the federal 7th Circuit Court of | 13 | | Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012) | 14 | | cited the "sensitive place" statement of the Supreme Court in | 15 | | both the Heller and McDonald decisions and concluded: "That a | 16 | | legislature can forbid the carrying of firearms in schools and | 17 | | government buildings means that any right to possess a gun for | 18 | | self-defense outside the home is not absolute, and it is not | 19 | | absolute by the Supreme Court's own terms." Therefore, the | 20 | | General Assembly finds that the place or location set forth in | 21 | | subsection (a) of this Section is a sensitive place and the | 22 | | prohibition on the carrying of firearms will promote public | 23 | | safety in this sensitive place.".
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