Rexburg, ID asked in Landlord - Tenant for Idaho

Q: Am I allowed to have a weapon in my Idaho apartment?

I am attending BYUI and they REQUIRE me to live in housing that they control. One of the parts of the contract forbids (paraphrase) anything that is a firearm, knife, or anything else that can injure or damage property; and forbids anything that looks like one of those.

The most applicable law that I could find, Idaho Title 18-3302, allows me to carry in an apartment I live in; and also states that the text of this law must at all times be construed to give the people the maximum scope to their retained rights.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: This is an easy answer. BYU Idaho is a private college. They didn’t have to invite you to attend but they did. You accepted their rules. If you want to now pick and choose which of their rules you’ll obey then my guess is that you’ll be expelled very soon! If you could prevail with a statute vs. a private institution then BYU would have to live by the “laws of man” and they’re never going to be held to that standard. They won’t get into a debate with you on this (or any other point). That’s the “blessing” of being a private institution.” Not taking money from the state of Idaho let’s them make their own rules.

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