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Thread: Is OC and/or CC legal in State Parks now?

  1. #1
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    I've searched online and am getting conflicting information.

    Can someone point me to the right place?

    Thanks.

  2. #2
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    go to www.idaho.gov and click on firearms laws..

  3. #3
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    Hiredgun30 wrote:
    go to http://www.idaho.gov and click on firearms laws..
    I saw that. Then I saw this:

    Idaho Administrative Rules:

    http://adm.idaho.gov/adminrules/rule...26/26index.htm

    #26.01.20.600

    600.PERSONAL SAFETY, FIREARMS.
    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. (3-7-03)

    Did the recent preemption bill address this?


  4. #4
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    Code:
    I would call the attorney generals office.

  5. #5
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    Except as expressly authorized by state statute, no county, city,
    agency, board or any other political subdivision of this state may adopt or
    enforce any law, rule, regulation, or ordinance which regulates in any manner
    the sale, acquisition, transfer, ownership, possession, transportation,
    carrying or storage of firearms or any element relating to firearms and
    components thereof, including ammunition.



    Code:
     thats from the preemption law. i would argue that administrative rules arent statutes

  6. #6
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    I sent an email to the A.G.

    I'll post his response as soon as I get it.

  7. #7
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    Deleted - dual post

  8. #8
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    SB 1441, effective March 28, 2008, enacted Idaho Code ยง18-3302J, which is a strong preemption law that includes state agencies and therefore preempts the state park carry ban.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  9. #9
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    WVCDL is correct. The recent clarification of the law says that only state statutes can regulate firearm possession. Carry to your heart's content!

  10. #10
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    Thank you all for your help.

  11. #11
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    Does this include National Forests managed by the Forest Service? My family goes camping a lot in the Boise National Forest in the Idaho City area and I would like to be able to carry while camping. And what about National Parks?

  12. #12
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    National Forests fall under different laws then the State. Just like anything, national laws over rule state laws. IIRC it is safe to carry in National Forests just as long as you dont go into any National Forest Service buildings, ie visitor centers.

    National Parks are different than National Forests, they currently ban firearms (unless they are completely unuseable and unaccesible), but this law is currently up for review last I checked.



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