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Thread: Looking for concise Idaho law representation

  1. #1
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    Hi gang, just wanted to inquire here as to if any of you may have a concise representation of Idaho law concerning the use of deadly force and carrying either concealed or open.

    I have contacted Mike Jorgenson, my local state Senator and he and I speak regularly about the inquiry, since I talked to him about the redraft of the Campus Carry bill that was going to be shot down, if you'll excuse the pun, and make our Idaho college campuses another victim zone, as they currently are.

    With so many liberal rants about "wild west" and "kids waving guns around" responses, I feel we are losing our grasp on the statistics around those of us who are law abiding citizens to carry.

    What I am looking for is a full breakdown of our laws here in Idaho, we do not have a "Castle doctrine" but where are the laws that delineate whether or not a victim must retreat? Where can these be found? Where are the laws that state when the use of deadly force is authorized? Can you defend your neighbor? A Stranger? etc. You get the point.

    If any of you have perused our legislative web sites, you probably can see that there is no clear definition, outside of extreme legalese, that helps folks understand what rights we have, when we can use them and how we can defend ourselves in a life threatening or defense of others situation.

    I have carried for many years and simply want the facts, all of them, pertaining to my rights, current laws and to be more informed on exercising them. It is our responsibility, however I have run across many who have no clue, including LEOs and our very own Sheriff's Dept Captain, which frightened me.

  2. #2
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    www.idaho.gov is a great source, look under laws and rules.
    We are very fortunate to live in a state like Idaho that allows open and concealed carry.

  3. #3
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    www2.state.id.us/ag/
    is the address to state attorney generals office
    Attached Images Attached Images

  4. #4
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    Hiredgun30 wrote:
    http://www.idaho.gov is a great source, look under laws and rules.
    We are very fortunate to live in a state like Idaho that allows open and concealed carry.
    Thanks HG, I have been there, and could not find what I am looking for. I know others were looking to put together a pamphlet on OC but I want a compilation of our laws, not articles and ammendments that do not compact everything in simple language, such as what I had inquired about above. I am hoping Sen. Jorgenson can help me out this week. He has his CCW and is very responsive, calls me minutes after I send an email, so I will see what I can get from him and post it here. I was hoping others had the same questions already answered here.

  5. #5
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    Well from off the top of my head I know that Section 18 Part 33 is what gives you the right to open carry (don't quote me on that) and then Article II of the Idaho State Constitution is just a repeat of the whole "right to bear arms" amendment...short of that I am not sure what else you are looking for...

    But with full state preemption, any laws you do find should be state laws and never local or county level...

  6. #6
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    basic defensive legalities. Local Senator tells me we don't have a Castle Doctrine, then I find articles showing Idaho has an adoptive Castle doctrine, which is it? Local Sheriff's Captain tells me that no matter what the situation, I am required to inform the officer I am armed (say for traffic infraction), when law shows I do not have to inform anyone of anything. Clarification for the purpose of educating others and keeping myself informed is what I am looking for, so far, not even the sheriff can give me the right answers. Kind of scary.

  7. #7
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    There is no requirement that you inform them of the handgun; point out to them that if it is clearly visible, this will be unnecessary. As far as the concealed license is concerned, no requirement there either, only that I show the license if asked, which is unlikely since they won't know I have a gun unless I tell them. Ramble ramble

  8. #8
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    IndianaBoy79 wrote:
    There is no requirement that you inform them of the handgun; point out to them that if it is clearly visible, this will be unnecessary. As far as the concealed license is concerned, no requirement there either, only that I show the license if asked, which is unlikely since they won't know I have a gun unless I tell them. Ramble ramble
    I know, I am looking for the specific Section and Code on that so that I can share it with the local captain who doesn't know the letter of the law. Thanks

  9. #9
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    Part of the troubles you're experiencing in finding things in the law is that you're looking for a place that says "I'm allowed to do xyz." Laws aren't written to allow you to do something, by their nature they are restricting, telling you what you can't do.

    So if there is no law requiring you to inform an officer when you're CCing, then you don't have to, as in Idaho, there is no law, thus you don't have to, though there is a law that says if an officer demands to see your CWP, you have to show it to him.

    Laws governing the presentation or brandishing of a firearm:
    http://www3.state.id.us/cgi-bin/newi...id=180330003.K

    You can defend you neighbor, stranger, and even specifically your mistress in Idaho. Obviously be exceeeeeedingly careful before you intervene in a situation that you might or might not have a full picture of what's going on in.
    Justifiable Homicide in Idaho:
    http://www3.state.id.us/cgi-bin/newi...id=180400009.K

    Most of the State's firearm-related laws:
    Statutes 18-33 and subsections:
    http://www3.state.id.us/idstat/TOC/18033KTOC.html

  10. #10
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    Hey Thanks IdahoCorsair, boy that Title 18 sure leaves it wide open doesn't it? Especially #4



    TITLE 18
    CRIMES AND PUNISHMENTS
    CHAPTER 40
    HOMICIDE
    18-4009. JUSTIFIABLE HOMICIDE BY ANY PERSON. Homicide is also justifiable
    when committed by any person in either of the following cases:
    1. When resisting any attempt to murder any person, or to commit a
    felony, or to do some great bodily injury upon any person; or,
    2. When committed in defense of habitation, property or person, against
    one who manifestly intends or endeavors, by violence or surprise, to commit a
    felony, or against one who manifestly intends and endeavors, in a violent,
    riotous or tumultuous manner, to enter the habitation of another for the
    purpose of offering violence to any person therein; or,
    3. When committed in the lawful defense of such person, or of a wife or
    husband, parent, child, master, mistress or servant of such person, when there
    is reasonable ground to apprehend a design to commit a felony or to do some
    great bodily injury, and imminent danger of such design being accomplished;
    but such person, or the person in whose behalf the defense was made, if he was
    the assailant or engaged in mortal combat, must really and in good faith have
    endeavored to decline any further struggle before the homicide was committed;
    or,
    4. When necessarily committed in attempting, by lawful ways and means, to
    apprehend any person for any felony committed, or in lawfully suppressing any
    riot, or in lawfully keeping and preserving the peace.


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