Campus Security Officer Firearm License

The intent of this policy is to ensure Campus Security Officer professionalism and adherence to state law in regards to possession of a firearm on school grounds.

DEFINITIONS:

According to Idaho law, firearms are not permitted on school property. The statute reads, in pertinent parts:

TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 33
FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
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.

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

There are several exceptions to this law. One such exemption is for qualified retired law enforcement officers. However, the retired peace officer must have a license issued by the county sheriff:

(4) The provisions of this section shall not apply to the following persons:
(b) A qualified retired law enforcement officer licensed under section 18-3302H, Idaho Code [emphasis added].

Section 18-3302H, Idaho Code, reads, in pertinent parts:

TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 33

FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS

18-3302H. CARRYING OF CONCEALED FIREARMS BY QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS.

(1) A county sheriff shall issue a license to carry a concealed firearm to a qualified retired law enforcement officer provided that the provisions of this section are met.

(b) "Qualified retired law enforcement officer" means an individual who:

(i) Retired in good standing from service with a public agency as a law enforcement officer, provided that such retirement was for reasons other than mental instability;

(ii) Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

(iii) Before such retirement, was regularly employed as a law enforcement officer for an aggregate of ten (10) years or more, or retired from service with such agency after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

(iv) Has a nonforfeitable right to benefits under the retirement plan of the agency;

(v) During the most recent twelve (12) month period has met, at his own expense, the standards for training and qualification of this state, as required at the discretion of the sheriff under paragraph (d) of this subsection or the agency from which he retired for active law enforcement officers, to carry a concealed firearm;

(vi) Is not chronically under the influence of alcohol, or under the influence of another intoxicating or hallucinatory drug or substance in violation of any provision of federal or state law;

(vii) Is not prohibited by federal law from receiving a firearm;

(viii) Has a current and valid photographic identification issued by the agency from which the individual retired from service as a law enforcement officer;

(ix) Provides by his affidavit, in triplicate, sworn and signed by him under penalty of perjury, that he meets all of the conditions set forth in this subsection (2);

(x) Pays the fees charged by the sheriff pursuant to this section; and

(xi) Completes the original application or renewal application as provided by this section.

The Idaho College of Osteopathic Medicine (hereinafter “ICOM”) has a strong policy interest in ensuring that Campus Security Officers, all of whom are honorably retired law enforcement officers, are licensed under this Code. As officers perform their daily tasks, they are armed with a firearm owned by, and issued to, each of them by ICOM. The college’s physical location is immediately adjacent to property owned by the West Ada School District (hereinafter “WASD”) . Officers must drive through, and at times walk through, WASD property in order to report for work as well as complete various tasks assigned to them, to include parking enforcement and checking the status of the ICOM owned parking lot at the corner of E Central Drive and Locust Grove Road. The issuance of the license contemplated here would immunize the officer against any criminal and/or civil repercussions of being armed when performing the duties required by ICOM.

While it is not a school in the strict sense, WASD conducts training classes at this facility, and the interconnected complex of buildings also houses Renaissance High School. While the Meridian Campus of Idaho State University is also located in the same complex, the law in question only pertains to elementary and secondary schools located in the state.

An incidental benefit of the license would be the fact that a criminal background check is performed by a law enforcement agency for each campus security officer, a task that ICOM is unable to complete on its own, and which may help shield the institution from liability for negligent hiring/retention. The license also requires yearly firearm qualification administered by a law enforcement agency.

POLICY AND PROCEDURE:

All members of the ICOM Campus Security Team shall be licensed in accordance with Section 18-3302H, Idaho Code. The cost for such licensure, as well as subsequent required renewals, shall be borne by ICOM.

PRIMARY POLICY OWNER:

Director of Campus Security

SUPPORTING DOCUMENTS:

APPROVAL:

Effective: 4/10/22

Last Reviewed: 2/14/23

Review Requirement: 3 Years