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Thread: Expecting Problems In Twin Falls County

  1. #1
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    Hey Everyone,

    I have been reading this site for the past few months while I patiently awaited my 18th birthday. Well, that was the 12th of July, so I am ready to begin open carrying when I acquire an XD-9. Correct me if I am wrong, but I am aloud to own and open carry a handgun at the age of 18.

    I decided to go down the county sheriffs office today to see what their interpretation of the Idaho Code was for an 18 year old open carrying and owning a handgun. I was told that I had to be 21 to buy a handgun or acquire one even through a private party. Then they backtracked and said that I could get one transferedto me from my father, but I couldn't carry it.

    Now that I have heard this from the county I will be open carrying in for a period of time, I'm very uneasy. How do you guys think that I should handle this situation. Should I just go for it and open carry because I know it is legal? Is there anyway I could get like a clarification letter from the Attorney General that I could show to the county sheriff's office so that the deputies would know the laws? I would appreciate anyones suggestions.

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

    18-3302E. POSSESSION OF A WEAPON BY A MINOR. (1) It shall be unlawful for
    any person under the age of eighteen (18) years to possess or have in
    possession any weapon, as defined in section 18-3302A, Idaho Code, unless he:
    (a) Has the written permission of his parent or guardian to possess the
    weapon; or
    (b) Is accompanied by his parent or guardian while he has the weapon in
    his possession.
    (2) Any minor under the age of twelve (12) years in possession of a
    weapon shall be accompanied by an adult.
    (3) Any person who violates the provisions of this section is guilty of a
    misdemeanor.
    Code:
    8-3302A.  SALE OF WEAPONS TO MINORS. It shall be unlawful to directly or
    indirectly sell to any minor under the age of eighteen (18) years any weapon
    without the written consent of the parent or guardian of the minor. Any person
    violating the provisions of this section shall be guilty of a misdemeanor and
    shall be punished by a fine not in excess of one thousand dollars ($1,000), by
    imprisonment in the county jail for a term not in excess of six (6) months, or
    by both such fine and imprisonment. As used in this section, "weapon" shall
    mean any dirk, dirk knife, bowie knife, dagger, pistol, revolver or gun.

  3. #3
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    read carefully and follow,,
    then enjoy oc"ing in twin falls county

  4. #4
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    And there it is in print.

    Whoever told you that is clearly ignorant. To clear things up, you can open carry, load ammo, buy parts, and pretty much anything else short of purchasing DIRECTLY from a dealer and manufactured handgun ammunition from "big box" stores, such as Walmart. Other places, you can still buy 9mm Luger ammo, if you tell them it is for use with a carbine. Don't tell them I said that.

    It is perfectly legal for your father to transfer it to you, as well as you carrying it in PLAIN VIEW. The entire firearm must be exposed. It is also perfectly legal for another Idaho resident to give or sell directly to you, as a private party, in cash check charge blah blah...

    From another state gets into into NFA and FFL dealer transfers, which you probably don't need to know.

    It is only considered a "straw purchase" if you cannot legally purchase a firearm yourself. Any stolen cars or bodies in the closet we need to know about?



  5. #5
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    Not that unheard of to have the PD making simple mistakes, frequently. I had the displeasure of a diatribe of misstatements from our own SD Captain who has been around here forever, in very public view. I had chatted with him on several occasions about concealed carry when he started telling me stories that didn't jibe with the laws. when I emailed him back and asked that he clarify his position on the "law" of course, he never responded.

    It has since been a little project of mine to speak with officers or stop by the SD here in town to talk about the open carry and CCW laws, just to keep them on their toes. I also bring up preemption and the laws still on the books. Most are very supportive of OC or CCW, but are not up on the laws.

  6. #6
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    hey green ,
    i have noticed that the el capitan is always the one on the news for anything up north near CDA.

  7. #7
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    Haha. No Brian, I've got a clean record and am a law-abiding individual. Thank you for making it perfectly clear for me.

  8. #8
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    hey weeser....i never expect a LEO to know exact laws.. I read ,re read, and read again, all the firearms laws... i got my 1st handgun in twin falls back in 1996..


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    Might I recommend that you stop by the sheriff's office and pick up an application for an Idaho CWL and then write a brief letter to go with the application that summarizes your qualifications since you would be trying to take advantage of this route:

    Idaho Code 18-3302:

    "(11) The sheriff of a county may issue a license to carry a concealed
    weapon to those individuals between the ages of eighteen (18) and twenty-one
    (21) years who in the judgment of the sheriff warrant the issuance of the
    license to carry a concealed weapon. Such issuance shall be subject to
    limitations which the issuing authority deems appropriate. Licenses issued to
    individuals between the ages of eighteen (18) and twenty-one (21) years shall
    be easily distinguishable from regular licenses."



    If they tell you "no" as you can probably expect, fill out and mail the form below with the materials it asks for and you're good to go here in Idaho since all out of state licenses/permits are accepted:

    http://www.maine.gov/dps/msp/license...s_permits.html


  10. #10
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    Idaho, I have read that section of the code many times. I think I may actually do what you have suggested. Don't get me wrong, I want to open carry and support our right to do so, but Twin Falls PD and Twin Falls County Sheriffs make me very nervous with their ignorance. Once I move up to Eagle I will open carry because I feel the departments are more aware of the applicable sections of Idaho Code.

  11. #11
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    WEESER18 wrote:
    I decided to go down the county sheriffs office today to see what their interpretation of the Idaho Code was for an 18 year old open carrying and owning a handgun.
    I suggest you never ask police for legal advice, especially on guns. Do your own research, consult an attonrey, and mind your own business following the law.

    I hate to sound so harsh, but this is a common problem - people asking police for advice - not their job.

  12. #12
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    Mike wrote:
    WEESER18 wrote:
    I decided to go down the county sheriffs office today to see what their interpretation of the Idaho Code was for an 18 year old open carrying and owning a handgun.
    I suggest you never ask police for legal advice, especially on guns. Do your own research, consult an attonrey, and mind your own business following the law.

    I hate to sound so harsh, but this is a common problem - people asking police for advice - not their job.
    If you send Saint a PM, I think he has the Attorney General and some senators on speed-dial. :celebrate

  13. #13
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    Ya, what's up with that? lol Saint, you need to invite some of those folks for the next meet up!

  14. #14
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    hey weeser.. how is the gun culture in twin?? do you ever see anyone ocing??

  15. #15
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    Sorry I've taken so long to reply, but I have never seen anyone OC'ing. Ever.

  16. #16
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    Hiredgun30 wrote:
    hey green ,
    i have noticed that the el capitan is always the one on the news for anything up north near CDA.
    Yeah, ever since Ben Wolfinger was a deputy, he kind of worked his way into the public eye being a spokesperson. He's a good guy and has always been very involved in the community, I just found his knowledge of CC and OC to be limited in a few areas when I spoke with him. He has not responded to my inquiries on preemption or laws requiring notifying an officer you are armed.

  17. #17
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    hey weeser... i can help u get a oc rally going down there if u are interested.

  18. #18
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    Weeser,

    Glad to see you want to OC! Obviously do it responsibly.
    Not that you asked, but if you want your concealed carry permit, call the State of Maine, ask for a non-resident permit package, and they'll send it to you, you fill it out, and it all gets done in a month or two (also no fingerprints required for the application!)... they send you a permit... and obviously, yes, Idaho respects that permit... even though you're 18!

  19. #19
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    If I had a weapon to OC with I would participate in a rally, but I am not really capable of thatyet lol.

  20. #20
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    I have OC ed in twinkie flats. The only comment I ever got was "Nice Holster!".
    Issue cz 82, go figure:?.
    Carry yourself and your fire arm well and you shouldn't have any problems.

    If you are aproached by police officers, think like they are, you are unknown and armed. Make the initial contact easy and things should go ok.
    That doesn't meen let them buffalo you. Remember the mantra:"AmI being detained?"



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