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Thread: Idaho enhanced CHL not recognized yet?

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    Regular Member EMNofSeattle's Avatar
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    Idaho enhanced CHL not recognized yet?

    So, Washington CCW reciprocity

    RCW 9.41.073
    Concealed pistol license Reciprocity.

    (1)(a) A person licensed to carry a pistol in a state the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington is authorized to carry a concealed pistol in this state if:

    (i) The licensing state does not issue concealed pistol licenses to persons under twenty-one years of age; and

    (ii) The licensing state requires mandatory fingerprint-based background checks of criminal and mental health history for all persons who apply for a concealed pistol license.

    (b) This section applies to a license holder from another state only while the license holder is not a resident of this state. A license holder from another state must carry the handgun in compliance with the laws of this state.

    (2) The attorney general shall periodically publish a list of states the laws of which recognize and give effect in that state to a concealed pistol license issued under the laws of the state of Washington and which meet the requirements of subsection (1)(a)(i) and (ii) of this section.
    So Idaho has their new enhanced CHL license, the new enhanced license requires a mandatory mental health check, fingerprint criminal history, and is available only to those 21 or older, and Idaho recognizes WA's license.

    the WA AGO's website has not been updated recently since their reciprocity state list still states Illinois has no CCW law and does not acknowledge ID's new license.

    WA recognizes a similiar set up from North Dakota where there is class 1 and class 2 CHLs with varying requirements.
    WA only recognizes class 1.

    so my question is, even though the state hasn't yet acknowledged the ID ECHL, if an Idahoan issued such a license came to visit with their gun, are they covered under the reciprocity states, since the AG's only job is to compile the list of compliant states, if someone with a .073 compliant CHL which hasn't yet been acknowledged by the AG comes for a visit, are they still covered if they're arrested and show their license in court?
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    Regular Member amlevin's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    so my question is, even though the state hasn't yet acknowledged the ID ECHL, if an Idahoan issued such a license came to visit with their gun, are they covered under the reciprocity states, since the AG's only job is to compile the list of compliant states, if someone with a .073 compliant CHL which hasn't yet been acknowledged by the AG comes for a visit, are they still covered if they're arrested and show their license in court?
    Don't you think the matter will be decided first by a Law Officer who consults the "List" before deciding to cite and then the Court when the matter is adjudicated?

    Basically all either will have to go in is what's on the current list.
    Last edited by amlevin; 08-18-2013 at 11:23 AM.
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    Quote Originally Posted by EMNofSeattle View Post
    So, Washington CCW reciprocity



    So Idaho has their new enhanced CHL license, the new enhanced license requires a mandatory mental health check, fingerprint criminal history, and is available only to those 21 or older, and Idaho recognizes WA's license.

    the WA AGO's website has not been updated recently since their reciprocity state list still states Illinois has no CCW law and does not acknowledge ID's new license.

    WA recognizes a similiar set up from North Dakota where there is class 1 and class 2 CHLs with varying requirements.
    WA only recognizes class 1.

    so my question is, even though the state hasn't yet acknowledged the ID ECHL, if an Idahoan issued such a license came to visit with their gun, are they covered under the reciprocity states, since the AG's only job is to compile the list of compliant states, if someone with a .073 compliant CHL which hasn't yet been acknowledged by the AG comes for a visit, are they still covered if they're arrested and show their license in court?
    Please cite where in the law a mandatory mental health check is required.
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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Jeff Hayes View Post
    Please cite where in the law a mandatory mental health check is required.
    Which law? the RCW on Reciprocity?

    RCW 9.41.073
    Concealed pistol license Reciprocity.
    .................................................. .........

    (ii) The licensing state requires mandatory fingerprint-based background checks of criminal and mental health history for all persons who apply for a concealed pistol license.

    .................................................. ........
    Or the Idaho statute authorizing the enhanced CHL
    18-3302K. ISSUANCE OF ENHANCED LICENSES TO CARRY CONCEALED WEAPONS. (1) The sheriff of a county shall, within ninety (90) days after the filing of an application by any person who is not disqualified from possessing or receiving a firearm under state or federal law and has otherwise complied with the requirements of this section for an enhanced license, issue an enhanced license to the person to carry a weapon concealed on his person. Licenses issued under this section shall be valid for five (5) years from the date of issue.
    (2) A person may file an application with the sheriff of the county in which he resides or, if not an Idaho resident, with the sheriff of any county in Idaho. The license application shall be in a form to be prescribed by the director of the Idaho state police, and shall ask the name, address, description and signature of the licensee, date of birth, place of birth, social security number, military status, citizenship and the driver's license number or state identification card number of the licensee if used for identification in applying for the license. If the applicant is not a U.S. citizen, the application shall also require any alien or admission number issued to the applicant by U.S. immigration and customs enforcement, or any successor agency. The application shall indicate that the provision of the social security number is optional. The sheriff shall make such applications readily available at the office of the sheriff or at other public offices in his jurisdiction. The license application shall contain a warning substantially as follows:

    CAUTION: Federal law and state law on the possession of weapons and firearms differ. If you are prohibited by federal law from possessing a weapon or a firearm, you may be prosecuted in federal court. A state permit is not a defense to a federal prosecution.

    (3) The sheriff shall require any person who is applying for original issuance of a license to submit his fingerprints in addition to the other information required in this section. Within five (5) days after the filing of an application, the sheriff shall forward the application and fingerprints to the Idaho state police. The Idaho state police shall conduct a national fingerprint-based records check, an inquiry through the national instant criminal background check system, and a check of any applicable state database, including a check for any mental health records that would disqualify a person from possessing a firearm under state or federal law, and shall return the results to the sheriff within seventy-five (75) days. If the applicant is not a U.S. citizen, an immigration alien query shall also be conducted through U.S. immigration and customs enforcement or any successor agency. The sheriff shall not issue a license before receiving and reviewing the results of the records check.
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    Regular Member 509rifas's Avatar
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    Quote Originally Posted by Jeff Hayes View Post
    Please cite where in the law a mandatory mental health check is required.
    You mean as part of the ID chl requirements or WA?
    Just because ID goes even further doesn't affect it. ID meets the basic requirements for reciprocity.
    Someone with an ID chl would likely be cited, but in court could show that their chl meets the requirements for WA state reciprocity.
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    Thankfully we live in a state where no permit or ID is required to open carry.

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    Quote Originally Posted by 509rifas View Post
    You mean as part of the ID chl requirements or WA?
    Just because ID goes even further doesn't affect it. ID meets the basic requirements for reciprocity.
    Someone with an ID chl would likely be cited, but in court could show that their chl meets the requirements for WA state reciprocity.
    As part of the ID requirements, I do not see a mandatory mental health check in the ID requirements if it is there and I am missing it I want to know.
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    Quote Originally Posted by EMNofSeattle View Post



    Or the Idaho statute authorizing the enhanced CHL
    OK it is mandatory that the state check for mental health problems not that the person has to submit to a mental health exam to get the enhanced permit.
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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Jeff Hayes View Post
    OK it is mandatory that the state check for mental health problems not that the person has to submit to a mental health exam to get the enhanced permit.
    isn't that what I said? both states only seem to require a check for mental health records, not an actual mental health exam? can you explain what you thought I said? because I think I must've posted something wrong and want to know what to correct?
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Quote Originally Posted by EMNofSeattle View Post
    isn't that what I said? both states only seem to require a check for mental health records, not an actual mental health exam? can you explain what you thought I said? because I think I must've posted something wrong and want to know what to correct?
    A mandatory mental health check could be taken several ways, that is why I asked, you clarified, its good.
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    Regular Member hermannr's Avatar
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    The way I read the law the AG list actually has nothing to do with recognition, it is just a quick reference. If the state to be recognized meets the requirements, it meets the requirements...the AG is only required to publish a list "periodically" of those states that meet the requirements.

    A state being on the AG list is a convenience not a requirement.

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    Regular Member Vitaeus's Avatar
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    Quote Originally Posted by hermannr View Post
    The way I read the law the AG list actually has nothing to do with recognition, it is just a quick reference. If the state to be recognized meets the requirements, it meets the requirements...the AG is only required to publish a list "periodically" of those states that meet the requirements.

    A state being on the AG list is a convenience not a requirement.
    Not disagreeing, but in the last year the AG has changed the list when another state changed, don't remember which state, but they allowed active duty military to get a license prior to 21 and the AG dropped them on the day it went into effect. I don't remember any state being added recently to see whether it happened just as timely on the adding to the list side.

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    Regular Member hermannr's Avatar
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    Quote Originally Posted by Vitaeus View Post
    Not disagreeing, but in the last year the AG has changed the list when another state changed, don't remember which state, but they allowed active duty military to get a license prior to 21 and the AG dropped them on the day it went into effect. I don't remember any state being added recently to see whether it happened just as timely on the adding to the list side.
    You only need to look at who is AG these days, and you will not be surprised any more.

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