It would appear that one can.
Thread: National Recreational Areas
I intend to visit Idaho in the near future, and perhaps climb some mountains in the Sawtooth National Recreational Area. Does anyone know if Rec Areas are like National Parks regarding open carry, or if it's up to the state, like National Forests?
Essentially, can I open carry in National Recreational Areas in Idaho?
It would appear that one can.
I have camped several times in various areas of the SNRA. I have always openly carried whikle there. I have met and talked with various Fish & Game officers and Rangers. They are not concerned, as long as you are behaving in a normal fashion.
As for the rules, it (the SNRA) is still designated as National Forest land and thereby under State rules. Heck, carry concealed if you want, no permit required as long as you stay out of incorporated ares (towns and cities). That's legal in Idaho also.
Packing.org pointed me towards http://adm.idaho.gov/adminrules/rules/idapa26/0120.pdfwhich says:
So you can carry a gun but only if it's concealed and unloaded at all times?! What, are we supposed to throw our guns at the bad guys/lions/tigers/bears oh my? Also, what exactly constitutes "land administered by the department"?No person may discharge firearms or any other projectile firing device, or otherwise purposefully or negligently endanger the life of any person or creature within any land administered by the department. All firearms brought onto lands administered by the department shall be unloaded at all times and either out of sight, or in a vehicle, except when used for legal hunting as authorized in Section 575 in this chapter, or for exhibition or at designated ranges as authorized by the Director.
The Sawtooth National Recreation Area is managed by the US Forest Service. Not the State Dept. of Parks and Recreation, which is what you copied. The SNRA is completely enveloped by the Sawtooth National Forest. The US Forest Service is bound by Idaho law.
Even the section you quoted is in error. It may be what the regulations states, but even the regs are bound by In re Brickey:
( In re Brickey, 8 Idaho 597, 70 P. 609, 101 Am. St. Rep. 215, 1 Ann. Cas. 55 (1902))
BEARING ARMS--CONSTITUTIONAL LAW--CARRYING CONCEALED WEAPONS.
1. The act of the territorial legislature approved February 4, 1889, which prohibits private persons from carrying deadly weapons within the limits or confines of any city, town, or village in Idaho, contravenes the provisions of the second amendment to the federal constitution and the provisions of section 11, art. 1, of the constitution of Idaho, and is void.
2. While it is undoubtedly within the power of the legislature to prohibit the carrying of concealed deadly weapons, and such regulation is a proper exercise of police power, yet the legislature does not possess the power to prohibit the carrying of firearms, as the right to do so is guarantied to the citizen both by our federal and state constitutions.
Thank you for the info. As far as I can tell, the only place I can't carry is in a jail, school or courthouse. What I'm trying to find out is if there are any rules from other departments, agencies, etc. that could limit where I can carry.
Idaho's laws are actually pretty simple.
You cannot open carry in Jails (detention centers) or Federal Buildings. Some Idaho Courts are using another Idaho law to prevent open carry within or on Courthouse property (The senior Judge has been given authority by the Idaho legislature to insure the safety of the Court. Many Judges see this as a way of legally disarming citizens - so far, it is unchallenged).
Here in Rupert, the County Administration Building is off limits, because it was originally the county courthouse. It is still designated as such. sigh. Our city police department is a separate building, and it's lawful to carry there. The Sheriffs office is attached to the Juvenile Detention center and it's unlawful to carry inside that building.
Open carry is otherwise lawful anyplace else. Private property owners may post a "no guns" sign, but all they can do is to ask you to leave, on threat of trespass.
Concealed carry (without a permit) is lawful anyplace in Idaho except within incorporated city limits, in which case, you will need the permit. Since Idaho recognizes all other State permits, any CC permit will do. Again, the same restrictions will pretty much apply. That is why I said that the State Parks regulation is void. It contradicts 18-3302 I.C. (for concealed carry) and In re Brickey (for open carry).
Thank you. In Sandpoint, the Sheriff's office is in the same building as the jail BUT there are separate and restricted doors into the jail and I was told by the Sheriff's office that they are not considered part of the jail.
LoveMyCountry wrote:We have the same setup here in Rupert. The difference being that the Chief Magistrate has ruled that the Sheriffs office is off-limits because they are the same building.Thank you. In Sandpoint, the Sheriff's office is in the same building as the jail BUT there are separate and restricted doors into the jail and I was told by the Sheriff's office that they are not considered part of the jail.
Same law, different interpretations!
These bloody arrogant judges thinking they can make laws really is getting under my skin. I OC'd into the Valley County Sheriff's Office, while a friend was applying for his CWP, and they asked if I was LE. No. They told me it was lucky I was in Valley County and not Ada, or else I'd be on the ground and arrested.... I offered to go out and leave it in the Jeep after them telling my it was illegal... but they said no worries, just don't do it again... I even talked with THE Sheriff at this time while OCing and she didn't say anything. Hm.
On the way out I noticed a standard 8.5x11 piece of paper FILLED with 12 font writing and somewhere in there, it mentioned that per the Judge's orders, I can't carry in the building. (yeah right, real conspiciously posted)
I'm sick of these little tyrants running around thinking they can make laws!!!! It's not just interpretation or using the power the legislature gives them... this goes above and beyond that. This is tyranny!
Anyhow, I'm OCing more and more in Idaho. And just had an opportunity last Sat to talk with 8 people about OC and CC and guns in general cause I was OCing.
Spread the knowledge! OC!