Carry in State Parks?

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Idaho is preempted.. yes. It appears though that Idaho Parks and Rec is prohibiting carry of loaded weapons with or without a permit.

Is it legal to do that with preemption laws.. or does it have nothing to do with that since it's a state agency?

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I think as of now it's a grey area... but I'm working on clarification... it'll just be a while probably.

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I just spoke with a Heyburn State Park Ranger, and he informed me that it is actually a state "administrative code" that the law is written in, and is enforceable despite the state's preemption laws. "IDAPA" was the code he was talking about.. I am doing research on it right now.

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As far as I have been able to determine, Cities and Counties are pre-empted, but state agencies are not. That having been said, the Idaho state constitution is quite explicit in stating that the right to carry shall not be infringed, except thatconcealed carry may be regulated, so in a court of law you would probably win if open carrying. IANAL, but that is my take on it. You might be cited though, and have to deal with the ride.

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UPDATE!!!!

I have been in contact with the Operations Administrator of the Dept of IDPR (ID Parks and Rec), and am finally starting to recieve some feedback from them.

I have also been in contact with my local Representative, Rep Tom Trail. He is indeed a good man.

After I contacted Rep. Trail, he informed me that he forwarded my concerns to the ID Atty. General's office (the same office that just upheld Idaho's preemption laws so that Moscow's Mayor can't ban firearms). He told me today that he will be forwarding the AG's response to me tomorrow. I will post it here ASAP.

I got a letter from the IDPR Operations Administrator today as well. My letter was forwarded to him by the IDPR Director. I would like to cite a paragraph from his letter that confused me:

"It is not, and never has been, the intent of the Board to ban firearms from our state parks and facilities. Rule 600 provides regulatory guidance for park visitors on how to manage firearms while visiting on IDPR property. They are not phohibited, but must be unloaded and transported either out of sight or in a vehicle, unless the situation meets the exceptions delineated in the rule."

I understand that they are allowed, the Brits are allowed to own firearms (on some occasions). But they must be locked in a safe, dissassembled and stored seperately from ammunition - among a laundry list of restrictions. Mr. Sangrey doesn't understand where we are coming from.

I am looking at this from a self defense perspective, and he seems to be of the camp that only supports firearms posession if it for sporting purposed - or because you just like to have them in the vehicle in case you need to hammer in your tent stakes.

I disagree with almost everything he stated in the letter, but I appreciate the fact that he put a lot of thought into it.

I will be in contact with him again, and will update my post once I have recieved a response from Rep. Trail.

God bless Idaho, and God bless the USA

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BUMPOLA


Any futher news, devldogs?

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Yes actually... I just got a letter forwarded from the Atty General by Rep Trail, and the state AG's office confirmed that it is actually against the law to carry any loaded firearm in a state park at any time other than a lawful hunting season in which you have a license and tag for, and you are hunting. It is also constitutional and is not in conflict with state code or preemption. This is of course the AG's opinion, not mine.

This is bad news for Idaho gunowners, but Rep Trail is also looking into trying to make Idaho's gun laws more parallel so there is no guesswork like this any more. Hopefully he's on to something.

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CONSTITUTION OF THE STATE OF IDAHO

ARTICLE I DECLARATION OF RIGHTS

SECTION 11. RIGHT TO KEEP AND BEAR ARMS. The people have the right to
keep and bear arms, which right shall not be abridged; but this provision
shall not prevent the passage of laws to govern the carrying of weapons
concealed on the person nor prevent passage of legislation providing minimum
sentences for crimes committed while in possession of a firearm, nor prevent
the passage of legislation providing penalties for the possession of firearms
by a convicted felon, nor prevent the passage of any legislation punishing the
use of a firearm. No law shall impose licensure, registration or special
taxation on the ownership or possession of firearms or ammunition. Nor shall
any law permit the confiscation of firearms, except those actually used in the
commission of a felony.



Interesting concept of 'constitutional' it would seem from the AG. Ah well.

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Is there any way that you could post the entirety of the AG's response here? I would be very interested in seeing his explanation for how it is constitutional.