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Thread: 4 New Idaho Firearm-related Laws

  1. #1
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    4 New Idaho Firearm-related Laws

    This information (which is not legal advice) was presented at tonights Idaho Carry Dinner, June 27, 2013:

    There were a total of 6 legislative bills put to the 2013 Idaho Legislative Session, and one Citizen's Petition.

    Of the 6 legislative bills put forward, 4 of them became law, and it is only those 4 laws which I am here to provide simple insight on tonight because these 4 laws go into affect this coming Monday, July 1st, 2013.
    *
    I'm certain Idaho Carry*will revisit at a future Dinner those*2 bills which did not become law and of the Citizen's Petition which outright denied even a simple hearing.
    *
    ============================

    First up is House Bill #258.*Amends existing law relating to licenses to carry concealed weapons to require the sheriff to provide the applicant with a copy of the results of the applicant's records check upon request of the applicant under certain conditions.
    This new law can be found in Idaho Code*18-3302(1)(n), which is Title 18, Chapter 33, Section 3302, subsection (1), sub-subsection (n), and reads:
    In the event the sheriff has collected a fee to cover the cost of processing fingerprints for the* records check, the sheriff shall provide the applicant with a copy of the results of the records check upon request of the applicant.
    *
    Summary: If you want a copy of your records check, you'll need to request such in writing. Consult with your local Sheriff Office on how you may obtain your records check.

    ============================

    Next up is House Bill #223, which amends Idaho Code to define what a "concealed weapon" is.
    This bill amends Idaho Code 18-3302(7) and reads:
    The provisions of this section shall not apply to any lawfully possessed shotgun or rifle, (with the following added)*any knife, cleaver or other instrument primarily used in the processing, preparation or eating of food, any knife with a blade four (4) inches or less or any lawfully possessed taser, stun gun or pepper spray.
    *
    ============================

    Next up is House Bill #183, which repeals a sentence found in Idaho Code 50-308.* Code that was noted on Idaho Carry's Facebook page a year ago on June 25, 2012, by Idaho Carry member Truman Lakey.** Tony Snesko and I researched this law and found out it is code that is 120 years-old having been passed in 1893. Wow!
    *
    An unnamed Idaho Carry member individually*brought this quite-antiquated code to the attention of their House and Senate Representatives, even writing the repeal law. Yet, their Representatives chose to have other Representatives sponsor the repeal of this code:

    Cities shall have the power to ... regulate, prohibit, and punish for the carry of concealed weapons.
    *
    Presently, there are 5 known cities (Parma, Homedale, Coeur d'Alene, & Twin Falls being among them) which ban concealed weapons in certain circumstances or require the police to confiscate concealed weapons when they are seen (40 year-old laws), even if the person has a concealed weapons license.* Caldwell was once such city, but after I brought this 50 year-old outdated code to their Chief of Police Goodall's attention this past July, 2012, the Caldwell City Council changed their city ordinance 5 days later (if only gov't would work so fast!). I consider Caldwell's "firearm" ordinance the model all other Idaho cities should adopt.

    Representative Judy Boyle noted that the Idaho Legislature may be sending out letters to all cities that they must update their city ordinances to be in concert with current Idaho State Code.* There was no mention of any penalty if a city failed to do such.

    ============================
    *
    Finally, we have House Bill #192, the Enhanced Concealed Weapons License.

    This bill adds a new area, not*section, but area, as Idaho Code 18-3302K

    The Enhanced Concealed Weapons License (ECWL) requires additional training as follows:
    - a total of 8 hours
    - 4 hours is in-person, face-to-face "lecture/instruction";
    - 1.5 to 2 hours of this needs to be conducted by an Idaho State Bar lawyer or Police Officer achieving intermediate POST training
    - 4 hours of "live-fire" training with a minimum of 98 rounds (how they came up with that number …?!)

    The purpose of the ECWL is to increase firearm training requirements to then enable the expansion of acceptance of Idaho's new ECWL to establish new Conceal Carry Reciprocity Agreements Idaho has with 25 states to upward of 40 or more states, including Washington and Nevada. Sadly, Oregon is, well, being liberally stingy.

    Terry Silsby did note at tonight's meeting that House Bill #223, which expands what is *NOT* a concealed weapon, including knifes 4 inches or shorter, which is a "concealed weapon" in other states, may hinder new states from establishing Reciprocity with Idaho.

    NOTE: It may be weeks or months before we truly find out from our Attorney General's office what, if any, states have been added with new reciprocity agreements.

    ____________________
    Life is Precious.

    CarryTheTruth
    Last edited by Grapeshot; 12-07-2013 at 10:29 PM.

  2. #2
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by CarryTheTruth View Post
    This information (which is not legal advice) was presented at tonights Idaho Carry Dinner, June 27, 2013:

    There were a total of 6 legislative bills put to the 2013 Idaho Legislative Session, and one Citizen's Petition.

    Of the 6 legislative bills put forward, 4 of them became law, and it is only those 4 laws which I am here to provide simple insight on tonight because these 4 laws go into affect this coming Monday, July 1st, 2013.
    *
    I'm certain Idaho Carry*will revisit at a future Dinner those*2 bills which did not become law and of the Citizen's Petition which outright denied even a simple hearing.
    *
    ============================

    First up is House Bill #258.*Amends existing law relating to licenses to carry concealed weapons to require the sheriff to provide the applicant with a copy of the results of the applicant's records check upon request of the applicant under certain conditions.
    This new law can be found in Idaho Code*18-3302(1)(n), which is Title 18, Chapter 33, Section 3302, subsection (1), sub-subsection (n), and reads:
    In the event the sheriff has collected a fee to cover the cost of processing fingerprints for the* records check, the sheriff shall provide the applicant with a copy of the results of the records check upon request of the applicant.
    *
    Summary: If you want a copy of your records check, you'll need to request such in writing. Consult with your local Sheriff Office on how you may obtain your records check.

    ============================

    Next up is House Bill #223, which amends Idaho Code to define what a "concealed weapon" is.
    This bill amends Idaho Code 18-3302(7) and reads:
    The provisions of this section shall not apply to any lawfully possessed shotgun or rifle, (with the following added)*any knife, cleaver or other instrument primarily used in the processing, preparation or eating of food, any knife with a blade four (4) inches or less or any lawfully possessed taser, stun gun or pepper spray.
    *
    ============================

    Next up is House Bill #183, which repeals a sentence found in Idaho Code 50-308.* Code that was noted on Idaho Carry's Facebook page a year ago on June 25, 2012, by Idaho Carry member Truman Lakey.** Tony Snesko and I researched this law and found out it is code that is 120 years-old having been passed in 1893. Wow!
    *
    An unnamed Idaho Carry member individually*brought this quite-antiquated code to the attention of their House and Senate Representatives, even writing the repeal law. Yet, their Representatives chose to have other Representatives sponsor the repeal of this code:

    Cities shall have the power to ... regulate, prohibit, and punish for the carry of concealed weapons.
    *
    Presently, there are 5 known cities (Parma, Homedale, Coeur d'Alene, & Twin Falls being among them) which ban concealed weapons in certain circumstances or require the police to confiscate concealed weapons when they are seen (40 year-old laws), even if the person has a concealed weapons license.* Caldwell was once such city, but after I brought this 50 year-old outdated code to their Chief of Police Goodall's attention this past July, 2012, the Caldwell City Council changed their city ordinance 5 days later (if only gov't would work so fast!). I consider Caldwell's "firearm" ordinance the model all other Idaho cities should adopt.

    Representative Judy Boyle noted that the Idaho Legislature may be sending out letters to all cities that they must update their city ordinances to be in concert with current Idaho State Code.* There was no mention of any penalty if a city failed to do such.

    ============================
    *
    Finally, we have House Bill #192, the Enhanced Concealed Weapons License.

    This bill adds a new area, not*section, but area, as Idaho Code 18-3302K

    The Enhanced Concealed Weapons License (ECWL) requires additional training as follows:
    - a total of 8 hours
    - 4 hours is in-person, face-to-face "lecture/instruction";
    - 1.5 to 2 hours of this needs to be conducted by an Idaho State Bar lawyer or Police Officer achieving intermediate POST training
    - 4 hours of "live-fire" training with a minimum of 98 rounds (how they came up with that number …?!)

    The purpose of the ECWL is to increase firearm training requirements to then enable the expansion of acceptance of Idaho's new ECWL to establish new Conceal Carry Reciprocity Agreements Idaho has with 25 states to upward of 40 or more states, including Washington and Nevada. Sadly, Oregon is, well, being liberally stingy.

    Terry Silsby did note at tonight's meeting that House Bill #223, which expands what is *NOT* a concealed weapon, including knifes 4 inches or shorter, which is a "concealed weapon" in other states, may hinder new states from establishing Reciprocity with Idaho.

    NOTE: It may be weeks or months before we truly find out from our Attorney General's office what, if any, states have been added with new reciprocity agreements.

    ____________________
    Life is Precious.

    CarryTheTruth

    Excellent. It sounds good. So is the ECWL a different thing then the current CWL that one can obtain? Or does it replace the current CWL entirely?
    Last edited by Grapeshot; 12-07-2013 at 10:28 PM. Reason: Quoted fonts
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  3. #3
    Regular Member YoungGunz's Avatar
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    God, I love our state. It's nice to be free of the gun grabbers' influence during my time off (though its a little different when I go to work in WA).

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    Quote Originally Posted by EMNofSeattle View Post
    Excellent. It sounds good. So is the ECWL a different thing then the current CWL that one can obtain? Or does it replace the current CWL entirely?
    The ECWL is "different" in that it requires more training, 4 hours lecture (1.5 ~ 2 hours of "law" included) and 4 hours "live-fire" firarms training with a 98-round minimum. Self-Defense must be included in that 4 hours of firearms training.

    Here's the new law:
    http://legislature.idaho.gov/idstat/...CT18-3302K.htm

    I've been given indication I was the first to apply for the ECWL.
    Nice to know, given I championed such a CWL with my Legislator this past Summer thru Winter (read: complained that I have to carry 4 CWLs with me while my Legislator is "exempt" with no CWL needed via other state legislation in most those same states the 4 CWL's cover; our Idaho Code unconstitutional exempts both "officials of a county, city, state of Idaho" and "publicly elected Idaho officials," though only for the "standard" CWL [18-3302 vs. 18-3302K])

    We've yet to see any new reciprocity on the Idaho Attorney General's website. Rumors are circulating that we may not see much new reciprocity given another concealed weapons law passed which further defines what is and what is not a "concealed weapon," of which knives 4" or smaller are *not* concealed weapons. This is in contrast to other states who define a 2" or larger knife as a "concealed weapon". Those states may not want to do a reciprocity with Idaho if we don't consider certain knives, those larger than 2", as "concealed weapons".

    In short, we likely "stabbed" ourselves in the foot on potential new reciprocity with other states.
    Last edited by CarryTheTruth; 07-01-2013 at 10:43 PM.

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    no attempts to outlaw potato guns? Would they even dare?

    Good to see postings informing folks of valuable information !

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by CarryTheTruth View Post
    This information (which is not legal advice) was presented at tonights Idaho Carry Dinner, June 27, 2013:

    There were a total of 6 legislative bills put to the 2013 Idaho Legislative Session, and one Citizen's Petition.

    Of the 6 legislative bills put forward, 4 of them became law, and it is only those 4 laws which I am here to provide simple insight on tonight because these 4 laws go into affect this coming Monday, July 1st, 2013.
    *
    I'm certain Idaho Carry*will revisit at a future Dinner those*2 bills which did not become law and of the Citizen's Petition which outright denied even a simple hearing.
    *
    ============================

    First up is House Bill #258.*Amends existing law relating to licenses to carry concealed weapons to require the sheriff to provide the applicant with a copy of the results of the applicant's records check upon request of the applicant under certain conditions.
    This new law can be found in Idaho Code*18-3302(1)(n), which is Title 18, Chapter 33, Section 3302, subsection (1), sub-subsection (n), and reads:
    In the event the sheriff has collected a fee to cover the cost of processing fingerprints for the* records check, the sheriff shall provide the applicant with a copy of the results of the records check upon request of the applicant.
    *
    Summary: If you want a copy of your records check, you'll need to request such in writing. Consult with your local Sheriff Office on how you may obtain your records check.

    ============================

    Next up is House Bill #223, which amends Idaho Code to define what a "concealed weapon" is.
    This bill amends Idaho Code 18-3302(7) and reads:
    The provisions of this section shall not apply to any lawfully possessed shotgun or rifle, (with the following added)*any knife, cleaver or other instrument primarily used in the processing, preparation or eating of food, any knife with a blade four (4) inches or less or any lawfully possessed taser, stun gun or pepper spray.
    *
    ============================

    Next up is House Bill #183, which repeals a sentence found in Idaho Code 50-308.* Code that was noted on Idaho Carry's Facebook page a year ago on June 25, 2012, by Idaho Carry member Truman Lakey.** Tony Snesko and I researched this law and found out it is code that is 120 years-old having been passed in 1893. Wow!
    *
    An unnamed Idaho Carry member individually*brought this quite-antiquated code to the attention of their House and Senate Representatives, even writing the repeal law. Yet, their Representatives chose to have other Representatives sponsor the repeal of this code:

    Cities shall have the power to ... regulate, prohibit, and punish for the carry of concealed weapons.
    *
    Presently, there are 5 known cities (Parma, Homedale, Coeur d'Alene, & Twin Falls being among them) which ban concealed weapons in certain circumstances or require the police to confiscate concealed weapons when they are seen (40 year-old laws), even if the person has a concealed weapons license.* Caldwell was once such city, but after I brought this 50 year-old outdated code to their Chief of Police Goodall's attention this past July, 2012, the Caldwell City Council changed their city ordinance 5 days later (if only gov't would work so fast!). I consider Caldwell's "firearm" ordinance the model all other Idaho cities should adopt.

    Representative Judy Boyle noted that the Idaho Legislature may be sending out letters to all cities that they must update their city ordinances to be in concert with current Idaho State Code.* There was no mention of any penalty if a city failed to do such.

    ============================
    *
    Finally, we have House Bill #192, the Enhanced Concealed Weapons License.

    This bill adds a new area, not*section, but area, as Idaho Code 18-3302K

    The Enhanced Concealed Weapons License (ECWL) requires additional training as follows:
    - a total of 8 hours
    - 4 hours is in-person, face-to-face "lecture/instruction";
    - 1.5 to 2 hours of this needs to be conducted by an Idaho State Bar lawyer or Police Officer achieving intermediate POST training
    - 4 hours of "live-fire" training with a minimum of 98 rounds (how they came up with that number …?!)

    The purpose of the ECWL is to increase firearm training requirements to then enable the expansion of acceptance of Idaho's new ECWL to establish new Conceal Carry Reciprocity Agreements Idaho has with 25 states to upward of 40 or more states, including Washington and Nevada. Sadly, Oregon is, well, being liberally stingy.

    Terry Silsby did note at tonight's meeting that House Bill #223, which expands what is *NOT* a concealed weapon, including knifes 4 inches or shorter, which is a "concealed weapon" in other states, may hinder new states from establishing Reciprocity with Idaho.

    NOTE: It may be weeks or months before we truly find out from our Attorney General's office what, if any, states have been added with new reciprocity agreements.

    ____________________
    Life is Precious.

    CarryTheTruth
    The point of Idaho CC law that prevents WA from accepting ID concealed weapons permits is the ability (albeit rarely done) fo persons under the age of 21 to obtain an Idaho permit.

    If the enhanced license requires the holder to be 21 or older, it will pass muster in WA. http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.073
    Last edited by Grapeshot; 12-07-2013 at 10:33 PM. Reason: rule 19

  7. #7
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    WV just signed reciprocity with ID http://www.wvago.gov/press.cfm?ID=709&fx=more
    I don't know if it's just enhanced or regular permit. Our laws in WV just changed so I assume regular is OK in WV.

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    Just thought I'd mention that PA took this opportunity to drop reciprocity with Idaho. It was statutory, not an official agreement. However it was most likely dropped because Idaho will issue to non-residents who don't first already have a home state CWL. The recently elected AG in Pennsylvania is a Bloomburg stooge, and has been renegotiating reciprocity agreements to exclude any non-residents.

  9. #9
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by CarryTheTruth View Post
    - 4 hours of "live-fire" training with a [b/minimum of 98 rounds (how they came up with that number ?!)[/b]
    NRA personal protection outside the home minimum requirement. Michigan tried to pass a law to allow carry in "pistol free zones" with additional training and that was part of it.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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