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Thread: Can i open carry at 18?

  1. #1
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    Can i open carry at 18?

    Im wanting to start open carrying but im only 18 so im curious. So is it legal for me to open carry? Im actually getting a FNH FNX 40 soon is the reason im wondering.

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    Campaign Veteran MAC702's Avatar
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    According to www.handgunlaw.us, Idaho law says you have to be 18 to possess a handgun.

    I am not an expert on Idaho law, but I see no further restrictions.

    You have to wait until 21 (like most states) before applying for a concealed weapon permit, or to purchase a handgun from a licensed dealer. That is a restriction on the dealer, not you.

    I'm sure an Idaho expert will be along shortly.
    Last edited by MAC702; 04-03-2013 at 08:06 PM.
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    Quote Originally Posted by cypher309 View Post
    Im wanting to start open carrying but im only 18 so im curious. So is it legal for me to open carry? Im actually getting a FNH FNX 40 soon is the reason im wondering.
    You can lawfully open carry in Idaho at 18 years of age.
    There is actually no law stating you can open carry. The only law on the books is that which prohibits conceal carry for 18 years of age and above, that being Idaho Code 18-3302.

    You can also lawfully open carry in Idaho between the ages of 12 and 18 if you have a permission slip from your parent or guardian with you.

    Idaho Code 18-3302E ~ POSSESSION OF A WEAPON BY A MINOR

    You can also visit Idaho Carry (was Idaho Open Carry, now Idaho Carry ~ Open & Concealed)
    IdahoCarry.org

    or Idaho Carry on Facebook at

    Idaho Carry FB

    Hope this helps.

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    Last edited by Grapeshot; 12-07-2013 at 10:42 PM. Reason: rule 19

  4. #4
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    Quote Originally Posted by cypher309 View Post
    Im wanting to start open carrying but im only 18 so im curious. So is it legal for me to open carry? Im actually getting a FNH FNX 40 soon is the reason im wondering.
    It is 100% legal. I turned 18 in November and have been OCing everyday since. One bonus is that everybody thinks you are older. Just keep in mind to stay away from schools, and the fact that most cops are likely going to be more questioning of a younger person OCing. Great job being one of the few and brave folks who chooses to OC rather than be unarmed until their are 21.

    JK Idaho

    PM me if you have any more questions.
    Last edited by JK Idaho; 04-08-2013 at 06:14 PM.

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    Quote Originally Posted by JK Idaho View Post
    It is 100% legal. I turned 18 in November and have been OCing everyday since. One bonus is that everybody thinks you are older. Just keep in mind to stay away from schools, and the fact that most cops are likely going to be more questioning of a younger person OCing. Possibly the most difficult thing for me has been OCing among my friends at social events. You will get a lot of questions and depending on the friends that you hang out with, someone might try to do a gun snatch "just for fun". I would HIGHLY recommend sucker punching the person who does that immediately, and then trying to avoid being associated with that moron in the future. Great job being one of the few and brave folks who chooses to OC rather than be unarmed until their are 21.

    JK Idaho

    PM me if you have any more questions.

    NO! NO! NO! NO! NO!

    DO NOT "SUCKER PUNCH" *ANYONE* WHEN YOU ARE CARRYING, open or concealed. PERIOD.


    That immediately becomes a felony charge of aggravated assault and, when convicted, you can't own a any more.

    Misdemeanors are elevated to felonies often when a person is carrying, this is because "intent with the presence of a 'deadly weapon'" is factored in. Case in point: Steal a candy bar while carrying, especially open carry, and that is a felony. It will be concluded you used your deadly weapon as a "presence" factor to gravely intimidate another. If you don't believe me on this, then get rid of your firearm(s). Immediately.

    Certainly, defensive moves for you to discern of necessity.

    When you carry, you are stating you are well knowing of laws and of lawful conduct. Live accordingly, including your choice of "friends" to hang around with, "partying," etc. If they start partying (drinking, drugs, etc.) while you are carrying, leave. Period.



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    Last edited by Grapeshot; 12-07-2013 at 10:39 PM. Reason: rule 19

  6. #6
    Regular Member EMNofSeattle's Avatar
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    Is theft of a firearm not a felony in Idaho? in Washington I think one would be justified in using force to prevent someone from disarming you...

    frankly, If I felt my "friend" would attempt to disarm me as a joke I'd find a new friend.......

    To the OP

    it also appears if you're on foot outside of city limits that you can carry concealed without a license as well

    Quote Originally Posted by Idaho Statute 18-3302 (9)
    (9) While in any motor vehicle, inside the limits or confines of any city, a person shall not carry a concealed weapon on or about his person without a license to carry a concealed weapon. This shall not apply to any firearm located in plain view whether it is loaded or unloaded. A firearm may be concealed legally in a motor vehicle so long as the weapon is disassembled or unloaded.
    Also it appears a sheriff MAY issue you a license at age 18-20.

    Quote Originally Posted by Idaho Statutes 18-3302 (11)
    (11) The sheriff of a county may issue a license to carry a concealed weapon to those individuals between the ages of eighteen (18) and twenty-one (21) years who in the judgment of the sheriff warrant the issuance of the license to carry a concealed weapon. Such issuance shall be subject to limitations which the issuing authority deems appropriate. Licenses issued to individuals between the ages of eighteen (18) and twenty-one (21) years shall be easily distinguishable from regular licenses.
    So I don't know how common it is, but for basic CYA purposes (such as GFSZA) I'd go ahead and apply for one, the worst that can happen is the sheriff says no and apply again at 21.
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    Re: Can i open carry at 18?

    Grabbing someone's gun is a felony, and it is entirely legal to punch someone who attempts to do so in self defense. That would not be assault of any kind.

    That being said, if the person really is a friend who is just screwing around, and doesn't actually take the gun, you are far better off just walking away.

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    Last edited by arentol; 04-05-2013 at 12:32 AM.

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    Quote Originally Posted by CarryTheTruth View Post
    NO! NO! NO! NO! NO!

    DO NOT "SUCKER PUNCH" *ANYONE* WHEN YOU ARE CARRYING, open or concealed. PERIOD.


    That immediately becomes a felony charge of aggravated assault and, when convicted, you can't own a any more.

    Misdemeanors are elevated to felonies often when a person is carrying, this is because "intent with the presence of a 'deadly weapon'" is factored in. Case in point: Steal a candy bar while carrying, especially open carry, and that is a felony. It will be concluded you used your deadly weapon as a "presence" factor to gravely intimidate another. If you don't believe me on this, then get rid of your firearm(s). Immediately.

    Certainly, defensive moves for you to discern of necessity.

    When you carry, you are stating you are well knowing of laws and of lawful conduct. Live accordingly, including your choice of "friends" to hang around with, "partying," etc. If they start partying (drinking, drugs, etc.) while you are carrying, leave. Period.



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    Chill. I meant that partially in jest, but I did actually do it to a friend who was always trying to grab my gun or bump it in some way. One time he tried to grab it and I socked him good. He doesn't mess with my pistol any more. From a true gun grab scenario, there are far more effective things you can do to kill/stop your attacker than a sucker punch. And yes, I will agree, don't go around sucker punching people while carrying. As for the OP, just keep in mind that if you have friends who are not gun people, they will probably try to do something stupid at some point. Be watchful.
    Last edited by Grapeshot; 12-07-2013 at 10:41 PM. Reason: rule 19

  9. #9
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    Quote Originally Posted by arentol View Post
    Grabbing someone's gun is a felony, and it is entirely legal to punch someone who attempts to do so in self defense. That would not be assault of any kind.

    That being said, if the person really is a friend who is just screwing around, and doesn't actually take the gun, you are far better off just walking away.

    Sent from my SCH-I605 using Tapatalk 2
    Unless they need a lesson taught not to mess with loaded guns

  10. #10
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    CC options under 21

    Just thought I would throw this out there. You also have a few options to carry concealed under 21: 1. Have an Idaho sheriff approve you for an Idaho CCW as shown in Idaho code 18-3302 paragraph 11, I did have one friend that did this with a sheriff in southern idaho who he knew personally. or 2. Get a Maine out of state CCW which you can get at 18 and is accepted by Idaho, I had several friends in college who had Maine permits. Just thought I would mention this stuff because it wasn't brought up yet. If I remember correctly it only requires a passport photo and a clean record.

    Just interjecting my opinion on the whole gun grab thing if I had a friend attempt a grab and it wasn't a set practice situation I would never see said idiot again. People that stupid should get an ass kicking but I am not sure it would be called for in the above situation.

  11. #11
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    The reason for my
    NO!
    is that, yes, while you meant it in "jest," and I and others do understand it as such, lots of other people take all kinds of posts on these and other forums as "absolute truth".

    "Well I read online I could just sucker-punch my friend...so I took my lollypop outta my mouth, put it in my fist and punched 'em..."

    Yeah, right.

    Though, should a person, be they a friend, family member, the Pope, or anyone else, attempt to disarm an individual, the response needs to be with the *same* action for any of these persons, with the action being that which the armed individual deems necessary for their personal safety and/or those around them.

    And, while I do concur with others in regards to both applying locally and, if necessary, another state, with an out-of-state CWP this won't cover you for the (very unconstitutional) federal Gun Free School Zone Act (GFSZA) of 1995, wherein a person is required to have a CWP from that very same state, that being Idaho in this case.

    Unless, that is, if your firearm, every damned last component of it, AND the entirety of the ammo you are using, including casing, slug, primer and powder, were all made in Idaho, then GFSZA has no "legal" impact on you.

    Case in point (this wasn't me...): I know an individual who (several years back) OC'd right at the property line of a Treasure Valley-area public school, this with a 100% all Idaho firearm and ammo. While this individual "schooled" the LEOs, I recommend NOT seeking to become a case law in this area, unless "Mr. Richest man in da world" is your Dad (money-wise, not that the richest man in the world is pro-2A; he's Mexican anyway; yup, the richest guy at the writing of this post is a telecommunications multi-billionaire ... but I digress).

    'nuff said.
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    Last edited by Grapeshot; 12-07-2013 at 10:41 PM. Reason: rule 19

  12. #12
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    Quote Originally Posted by CarryTheTruth View Post
    The reason for my
    NO!
    is that, yes, while you meant it in "jest," and I and others do understand it as such, lots of other people take all kinds of posts on these and other forums as "absolute truth".

    "Well I read online I could just sucker-punch my friend...so I took my lollypop outta my mouth, put it in my fist and punched 'em..."

    Yeah, right.

    Though, should a person, be they a friend, family member, the Pope, or anyone else, attempt to disarm an individual, the response needs to be with the *same* action for any of these persons, with the action being that which the armed individual deems necessary for their personal safety and/or those around them.

    And, while I do concur with others in regards to both applying locally and, if necessary, another state, with an out-of-state CWP this won't cover you for the (very unconstitutional) federal Gun Free School Zone Act (GFSZA) of 1995, wherein a person is required to have a CWP from that very same state, that being Idaho in this case.

    Unless, that is, if your firearm, every damned last component of it, AND the entirety of the ammo you are using, including casing, slug, primer and powder, were all made in Idaho, then GFSZA has no "legal" impact on you.

    Case in point (this wasn't me...): I know an individual who (several years back) OC'd right at the property line of a Treasure Valley-area public school, this with a 100% all Idaho firearm and ammo. While this individual "schooled" the LEOs, I recommend NOT seeking to become a case law in this area, unless "Mr. Richest man in da world" is your Dad (money-wise, not that the richest man in the world is pro-2A; he's Mexican anyway; yup, the richest guy at the writing of this post is a telecommunications multi-billionaire ... but I digress).

    'nuff said.
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    You are right. I edited the post. While I think that that most of us understood the fact that it was at least partially a joke, one cannot believe everything one reads on the internet, and I don't want to be one the people who makes that true. Sorry.
    Last edited by Grapeshot; 12-07-2013 at 10:37 PM. Reason: rule 19

  13. #13
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    Aply for your CWP

    Idaho is a "Shall Issue" state for CWP if you are over 21. This means that if you are over the age of 21 and you fill out the paperwork, and it comes back clean, then have to issue your permit.

    Idaho is also a "May Issue" state for ages 18-20. This means that you can fill out the paperwork and if it comes back clean, you still have to get signed off by the sheriff of the county of residence.

    I was 18 when I got my CWP, but you usually have to give the Sheriff a pretty good reason why you need it at 18. I for instance needed it for work, and could prove it. A friend of mine is 20 and applied and got denied by the sheriff because he could not prove reasoning. But it is at sole discretion of the sheriff.

    Good Luck!!

  14. #14
    Regular Member hermannr's Avatar
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    Quote Originally Posted by CarryTheTruth View Post


    You can lawfully open carry in Idaho at 18 years of age.
    There is actually no law stating you can open carry. The only law on the books is that which prohibits conceal carry for 18 years of age and above, that being Idaho Code 18-3302.

    You can also lawfully open carry in Idaho between the ages of 12 and 18 if you have a permission slip from your parent or guardian with you.

    Idaho Code 18-3302E ~ POSSESSION OF A WEAPON BY A MINOR

    You can also visit Idaho Carry (was Idaho Open Carry, now Idaho Carry ~ Open & Concealed)
    IdahoCarry.org

    or Idaho Carry on Facebook at

    Idaho Carry FB

    Hope this helps.

    ____________________
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    CarryTheTruth
    OC in Idaho is guaranteed by the Idaho Supreme Court ruling in "in re Brickley" in 1902.

    http://www.guncite.com/court/state/70p609.html
    Last edited by Grapeshot; 12-07-2013 at 10:38 PM. Reason: rule 19

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