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Thread: Idaho Laws

  1. #1
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    Idaho Laws

    So I was reading through Idaho Laws, now understand I have not read every word of every Title, Chapter and Subsection, I noticed that I can not find anywhere that addresses Open Carry at all. Everything only deals with the Licensing and carry of a concealed permit
    I also decided to look under what an officer can and can't do. Now speaking from the idea of a traffic stop and based on how the law is written in 19-613 it states
    "19-613. Weapons may be taken. Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken."
    It sounds to me like if it's a traffic stop for speeding, no blinker or the common "your lisence plate light is out" they cannot take your weapon unless they arrest you.

    I found it kind of fun to flip through the statute and learn a little, however do like me as I am no lawyer and call one and have a discussion on the phone with one about differnt laws because I by no means am going to ask an officer to arrest me if you wants to take my weapon.


    Just a thought.

    Cheers

  2. #2
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    There are Idaho laws and constitutional sections implying Open Carry, but, to my limited knowings, no laws expressly using the phrase "open carry". That's because "bear arms" = "open carry" {it should also equal conceal carry, but lame understanding of the definition = stupidity prevailing}.

    Places where it reads "shall not conceal carry" or "this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person" (Idaho Constitution, Article I, Section 11) imply open carry or "bear arms".

    Idaho Code Title 19, Chapter 6, or IC 19-613 deals with arrests, not issuance of traffic tickets.
    Thus, while you are "detained" during a traffic stop, you are not "under arrest".

    IC 19-613, in tracing the history, seems to be geared toward both private persons and peace officers via the word "person" being qualified. "Weapon" is anything, including a firearm, the arresting person deems an "offensive weapon". So, the taking of "weapon," including a firearm, by a person (private person or peace officer) is lawful when a person is arrested. Even a car or golf club is a potential "offensive weapon".

    If a private person witnesses a crime and (decides to) make an arrest, the private person would need to make a reasonable decision to take any such weapons from the person they arrest, bearing in mind they're better being charged with a misdemeanor of petty theft (e.g., taking something from someone) rather than than lose their life.

    A private person shouldn't be going out looking to arrest someone just because they "lawfully" can arrest someone.

    The way IC 19-613 is written, it seems the private person making the arrest is the one who then becomes lawfully responsible to "deliver them [the 'offensive weapons'] to the magistrate," not the peace officer.
    {"Yes, your Magistrate, I did take the person's stick of gum away when I made the arrest. What's that? You say you've never seen or heard of McGyver...?" }

    The Constitution of the State of Idaho, Article I, Section 11 reads "Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony."

    If a person has drugs or other felony-level illegal stuff that has been detected or found, usually by a peace officer, then the commission of a felony = firearm will be confiscated.

    "Take" = take possession of an item and, at a later time, return said item
    "Confiscate" = take possession of and not return the item taken; lose ownership of an item
    Last edited by Keith Cromm; 12-01-2012 at 11:00 PM.
    I open carry because if a bad guy attacks me anyway, I am best prepared to respond appropriately, with minimal fuss, and my bearing of a firearm is not infringed by having to lift my shirt, pull back my jacket, or unzip some pouch. Forcing people to carry concealed is an infringement on the right to keep and bear arms.

  3. #3
    Regular Member hermannr's Avatar
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    Quote Originally Posted by Brion View Post
    So I was reading through Idaho Laws, now understand I have not read every word of every Title, Chapter and Subsection, I noticed that I can not find anywhere that addresses Open Carry at all. Everything only deals with the Licensing and carry of a concealed permit
    I also decided to look under what an officer can and can't do. Now speaking from the idea of a traffic stop and based on how the law is written in 19-613 it states
    "19-613. Weapons may be taken. Any person making an arrest may take from the person arrested all offensive weapons which he may have about his person, and must deliver them to the magistrate before whom he is taken."
    It sounds to me like if it's a traffic stop for speeding, no blinker or the common "your lisence plate light is out" they cannot take your weapon unless they arrest you.

    I found it kind of fun to flip through the statute and learn a little, however do like me as I am no lawyer and call one and have a discussion on the phone with one about differnt laws because I by no means am going to ask an officer to arrest me if you wants to take my weapon.


    Just a thought.

    Cheers
    For Open Carry look at the Idaho State constitution...aand look up an Idaho State Supreme Court ruling called "in re Brickley 1902" (Sorry I don'n have the link on this computer) Google will find it.

    Remember, that which is not prohibited, is permitted...that is why there is no law on OC...teh state constitution and the court ruling took care of that long ago.

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