Rep. Naomi D. Jakobsson
Filed: 2/25/2013
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1 | AMENDMENT TO HOUSE BILL 1155
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2 | AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by | ||||||
3 | inserting the following in its proper numeric sequence:
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4 | "Section 90. Firearm carry prohibition; community college; | ||||||
5 | college; university.
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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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