University of Idaho law student Aaron Tribble remains undeterred in his pursuit of justice, despite the ruling of Latah County Court Judge John Stegner in favor of the University of Idaho in a lawsuit regarding Tribble’s right to keep firearms on campus.
Tribble said he was unsurprised by the ruling.
“In some respects, I don’t blame him. A trial judge doesn’t want to upset the status quo,” Tribble said. “Yeah, OK, (the court ruling) went against me, but in the grand scheme of things while it obviously counts for something, (Judge Stegner’s) isn’t the last word in the matter. It’s the Idaho Supreme Court that’s going to be having the final word.”
The court issued its decision Dec. 8. Tribble presented his appeal for the case Tuesday and is now waiting for further notice on court proceedings.
After reading the judge’s opinion, Tribble said he was surprised at what Stegner had come up with as reasons for his decision.
“On the other hand, I was really glad at what he came up with,” Tribble said. “It makes my job easier because it’s really obvious that what he came up with was wrong.”
Tribble said the appeal process will mainly involve identifying the issues he will present to the Supreme Court, as well as identifying how the trial court made a mistake in what it decided.
“I think there’s probably four main issues,” Tribble said. “Did the trial judge correctly interpret the state constitution? Did the trial judge correctly interpret the federal constitution? Did he correctly interpret the Idaho code? And last, did the trial court correctly conclude that I waived my rights?”
A Facebook page about the case, Tribble vs. State Board of Education — Gun Case, has followed the court proceedings since Tribble began his case one year ago. The full text of Judge Stegner’s opinion can be found on the group’s main page.
Tribble entered into a housing agreement at the South Hill Vista Apartments owned by the university on Feb. 20, 2009, and signed a renewal agreement on March 25, 2011.
In his decision, Stegner determined that Tribble waived his right to bear arms when he signed the housing agreement with the university.
“A waiver is an intentional relinquishment or abandonment of a known right or privilege,” Stegner said. “Tribble knowingly, voluntarily and intelligently waived his constitutional right to keep and bear arms.”
Lt. Dave Lehmitz of the Moscow Police Department said he is not sure what the impact of the case would be if Tribble were to win.
“It’s not a crime (to have a gun on campus), it’s a university policy,” Lehmitz said. “The university deals with the issue until a crime is committed, then it comes to the police department.”
Lehmitz agreed with Stegner’s assertion that Tribble could have sought housing unassociated with UI.
“He has the option to live elsewhere, to go to school elsewhere,” Lehmitz said.
Tribble said seeking alternate housing would not have been financially feasible for him and his family during his final semesters of law school.
“I really recommend to people to read the decision, and then decide what they think,” Tribble said. “From my standpoint he ruled the wrong way, but these things are constantly being overturned.”
Tribble has been representing himself in the case. Tribble said he thought about bringing in help, but that as a student, hiring a lawyer often isn’t viable.
“I think if this issue was to advance outside of Idaho, which would be the U.S. Supreme Court, I would have to bring in some extra help,” Tribble said. “But as of right now I’m comfortable representing myself.”
Tribble began the case because, according to university policy and a housing agreement signed by Tribble upon moving into his campus apartment, all firearms are restricted in on-campus residences and must be properly stored and locked in an area authorized by University Housing.
“The reason this case is really only two-sided is that I’m asking to have (my gun) in my apartment for self defense, not to carry it on campus,” Tribble said.
Tribble said he is concerned about his ability to defend himself and his family should a dangerous intruder enter his apartment.
“Maybe it is rare, but it does happen. Virginia Tech doesn’t happen every day, but it does happen,” Tribble said. “It really would be a shame though if something did happen, and in the future I had to look back and say, ‘What if I had spoken up?’ This seemed like a better option.”
Tribble said he is surprised the university hasn’t considered a compromise.
“I was asking to have the ability to load the gun and use the gun if necessary. Guns don’t really have any use to defend yourself if you’re not able to load it and actually use it,” Tribble said.
The university issued a statement just after the release of Stegner’s decision that said officials were pleased with the ruling and it supported UI’s legal authority to regulate firearms on campus, including on-campus housing.
“Our firearms policy has been part of the faculty/staff and student handbooks since the mid-1970s,” the statement said. “Members of law enforcement and supervised use in a shooting range are the only exceptions to the policy, which disallows loaded weapons, including conceal-carry, on campus.”
Tribble said he expects the case will take time, but he anticipates the ruling will be overturned with few obstacles.
“I really don’t see any obstacles other than my personal life being busy and having to do this at the same time,” Tribble said. “In the end, it’ll be worth it.”