Board of Regents of Higher Education v. StateAnnotate this Case
In this case arising from House Bill 102 (HB 102), the Supreme Court held that the Montana Board of Regents of Higher Education (Board) has the sole authority under the Montana Constitution to set policy regarding the possession of firearms on the Montana University System property.
In 2021, the legislature enacted HB 102, which generally revised gun laws with respect to open and concealed carry of firearms. HB 102 also nullified a Board policy that limited the use of and access to firearms on campuses of the Montana University System (MUS). The district court concluded that HB 102 was unconstitutional as applied to the Board because it violated the Board's constitutional authority to regulate MUS campuses. The Supreme Court affirmed, holding (1) campus safety and security is an integral responsibility of the Board's constitutional authority; (2) the regulation of firearms on MUS campuses falls squarely within this authority; and (3) as applied to the Board, certain sections of HB 102 unconstitutionally infringe upon the Board's constitutionally-derived authority.