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Thread: Boise Government Buildings

  1. #1
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    http://gov.idaho.gov/mediacenter/exe...eo_2004-07.htm


    T H E O F F I C E O F T H E G O V E R N O R
    EXECUTIVE DEPARTMENT
    STATE OF IDAHO
    BOISE
    EXECUTIVE ORDER NO. 2004-07
    ESTABLISHING THE CAPITOL MALL AREA AS A WEAPON FREE ZONE REPEALING AND REPLACING EXECUTIVE ORDER NO. 2000-02
    [line]
    WHEREAS, the safety and protection of the public, employees of state government and elected officials is a vital concern; and
    WHEREAS, continuing access for the public to state government offices located within the Capitol Mall Area is a high priority; and
    WHEREAS, current state laws provide for safety and protection from the potential threats of weapons in the work environment for the public, local government employees and elected officials in city and county buildings; and
    WHEREAS, it is in the best interests of the general public, employees and state officials and the efficient and safe operation of state government to ensure the highest level of safety in the Capitol Mall Area; and
    WHEREAS, there is currently no restriction on the possession of weapons in the Capitol Mall Area;
    NOW, THEREFORE, I, DIRK KEMPTHORNE, Governor of the state of Idaho, by the authority vested in me under the Constitution and laws of this state do hereby order as follows:
    1. Unless expressly exempted below, possession of a weapon in the Capitol Mall Area by any individual at any time is expressly prohibited.
    2. The following individuals are exempt from this Executive Order:
    1. State Elected Officials;
    2. Peace officers as defined in Idaho Code Section 19-5101;
    3. Criminal investigators of the Attorney General's Office or a county prosecuting attorney's office; and
    4. Individuals or organizations displaying weapons as part of a historical or cultural presentation who have received written permission from the Office of the Governor.
    5. Law enforcement officials authorized to carry a firearm under federal statute.
    3. The term "weapon" means: (1) any type of firearm or (2) any knife or similar object which has a blade in excess of six (6) inches in length.
    4. "Capitol Mall Area" means: the Statehouse, Joe R. Williams Building (700 West State Street); Len B. Jordan Building (650 West State Street); State Parking Garage (550 West State Street); Borah Building (750 West Bannock Street); and the Towers Building (450 West State Street), including all underground tunnels which provide a walkway between these buildings.
    IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho at the Capitol in Boise on the 22nd day of October in the year of our Lord two thousand and four and of the Independence of the United States of America the two hundred twenty-ninth and of the Statehood of Idaho the one hundred-fifteenth.

    DIRK KEMPTHORNE
    GOVERNOR

    BEN YSURSA
    SECRETARY OF STATE

    Does this conflict with Idaho's constitution, and if so, anyone willing to test that out???


    Article I Section 11

    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.


  2. #2
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    First, I don't see why he can say that it is Constitutional to ban weapons from the Captiol mall.

    Second. All gun laws are unconstitutional as per the second Amendment of the US Constitution.

    My .02. OF course I am not the legal expert that Idaho Corsair or LoveMyCountry seem to be.

    563, you found a good firearms related Lawyer I assume, ask them?

  3. #3
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    bourneshooter wrote:
    First, I don't see why he can say that it is Constitutional to ban weapons from the Captiol mall.

    Second. All gun laws are unconstitutional as per the second Amendment of the US Constitution.

    My .02. OF course I am not the legal expert that Idaho Corsair or LoveMyCountry seem to be.

    563, you found a good firearms related Lawyer I assume, ask them?
    The lawyer I found is not an expert per say in firearms law, he used to be a prosecutor for the Idaho Attorney Generals office. (Tom Dominick)

    So with that said, Questions answered run $200 an hour, Correct answers cost $350 an hour.

    and to test a law like this would likely cost 25-40k in legal costs. something I don't have stuck between the cushions of my couch.

  4. #4
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    Nice research INDY!!!! (it took me a couple years of perusing EOs to find that one... you move here and bingo!)

    I've emailed Governor Otter on this very matter...( it was the last governor who signed this order... twice... very nice DIRK!!! , ) and got a canned response a month later saying thanks, you opinions are valuable.

    Not surprisingly enough, Dirk Kempthorne often carries two guns, a Colt Gold Cup .45, and a rare collectible .22. He also has a friend buy the ammo for political reasons. Hypocrite!!!!!

    The only good news is the deal expires sometime this year. But that's not the point. I thought Otter was pro-gun... :?

    Maybe we should all pool $50 ea. or so, and get an opinion from a lawyer on this matter AND the OC in courthouses... since I don't see any prohibition on it at all!!!



  5. #5
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    Thanks, I tend to have a knack for finding trouble.

    Speaking of the OCing in a courthouse, I don't see anywhere where OC is regulated at all in our law, jails and schools included. Not saying you'd make it far into either...

    For that matter, what would happen if you OCed into a bar and got hammered? I don't see any law prohibiting OC while intoxicated. Again, not a smart idea, but.....

    Nice that you guys found a good lawyer, but what we need to find is a lawyer that believes in the cause enough to donate a small amount of his time now and then. Maybe a letter campain asking for just that would get a response from some sympathetic lawyer. (I know, oxy-moron)


  6. #6
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    IndianaBoy79 wrote:

    Nice that you guys found a good lawyer, but what we need to find is a lawyer that believes in the cause enough to donate a small amount of his time now and then. Maybe a letter campain asking for just that would get a response from some sympathetic lawyer. (I know, oxy-moron)
    not sure if Boise Has one, but there might be a Boise ACLU around here, they normally do a lot of Pro Bono work when it comes to Civil rights issues.

  7. #7
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    Okie, i hope this doesn't start a flame war, but this is one of the few boards where the people are mature enough to handle the discussion so i'll give it a try.

    ACLU? isn't that like letting a bear save you from a wolf? either way you're screwed. the AClU isn't there to support civil rights, they are there to stir up trouble for anyone other than their cause of the moment. I don't think involving them is a good way to help our cause. even if you don't agree with my views on the ACLU, if they get involved it will just bring the issue into the media, and considering conservatives' views towards the ACLU, i think it will be negative attention here in idaho.

  8. #8
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    I think the ACLU is much like our own government; there are many people that make up the organization and there can be good people and bad people. That being said, I agree that the ACLU on the whole is going down a dark path. I have to disagree about one thing though...if we could get them involved, I think it would do a lot of good. Having the NRA and the ACLU on your side? Not a bad thing. But I don't think it would ever happen as the ACLU seems to be anti-gun on the whole.

  9. #9
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    the other problem is that we wouldn't control the ACLU. It would be great to have them on our side, but only if they were actually on our side. Even if they were fighting for our cause, they would be doing it their way and for their reasons, i think if they got involved we would eventually be opposing anyways.

  10. #10
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    Fight fire with fire. Use your enemies against each other. :P (just plan for unintended consequences)

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