bourneshooter
Regular Member
imported post
As referenced in my OC log, last night my 18 year old brother and I were OC'ing with my girlfriend and under 18 brother. Asst. Chief Kingsbury of the NPD stopped us and was of the opinion that handgun possession is illegal by those under 21. I depated the law with him for 12 minutes. During that time Asst. Chief Forsman pulled up and observed the scene. The discussion involved my possession of an Maine Non-Resident CCW and how Asst. Chief Kingsbury didn't like I had it instead of an Idaho CCW.
One fo the most disturbing things about this whole thing is that Kingsbury stopped us because he doesn't like Open Carry. He's only supposed to uphold the law, not do as he likes.
I sent an email off to Asst. Chief Kingsbury this morning and will post it at the bottom of this posting. Also any further correspondence with the NPD regarding OC will be posted in this thread.
Funny thing is, this is the first incident with NPD and OC ever. I've even OC'd into a room filled with 100+ Nampa cops including these Chiefs and no problems occured. My brother who was Open Carrying has talked to a few new Nampa cops and they even knew that OC was legal and not a crime.
The complete audio recording of the stop is linked at the following:
http://www.mediafire.com/?fypkfey1p1b
As referenced in my OC log, last night my 18 year old brother and I were OC'ing with my girlfriend and under 18 brother. Asst. Chief Kingsbury of the NPD stopped us and was of the opinion that handgun possession is illegal by those under 21. I depated the law with him for 12 minutes. During that time Asst. Chief Forsman pulled up and observed the scene. The discussion involved my possession of an Maine Non-Resident CCW and how Asst. Chief Kingsbury didn't like I had it instead of an Idaho CCW.
One fo the most disturbing things about this whole thing is that Kingsbury stopped us because he doesn't like Open Carry. He's only supposed to uphold the law, not do as he likes.
I sent an email off to Asst. Chief Kingsbury this morning and will post it at the bottom of this posting. Also any further correspondence with the NPD regarding OC will be posted in this thread.
Funny thing is, this is the first incident with NPD and OC ever. I've even OC'd into a room filled with 100+ Nampa cops including these Chiefs and no problems occured. My brother who was Open Carrying has talked to a few new Nampa cops and they even knew that OC was legal and not a crime.
The complete audio recording of the stop is linked at the following:
http://www.mediafire.com/?fypkfey1p1b
Please find all the related state laws quoted here.
Thanks for taking the time to look into this matter.
All laws were referenced and or copied from the ID law page at: www3.state.id.us
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.
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3302. ISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS.
Especially important is this clause: "(17) The attorney general is authorized to negotiate reciprocal agreements with other states related to the recognition of licenses to carry concealed weapons. The Idaho state police shall keep a copy and maintain a record of all such agreements, which shall be made available to the public."
From the Attorney General's website is this statement in relation to out of state permits.
"Does Idaho recognize concealed weapons permits from other states?"
"Yes. However, while in Idaho, you must carry the permit on your person at all times when you are carrying a concealed weapon. (Idaho Code Section 18-3302(12)(g))"
I have misplaced the list that ISP is required to make available of all the reciprocal states at this time. Idaho does have Maine on the list though.
Regarding the possession and carry of a handgun while under the age of 21. Idaho law is very clear that Open Carry is legal from age 12 to 17 with restrictions and from 18 and older with no restrictions other than the prohibited places mentioned in 18-3302C and 18-3302D.
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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."
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3308. SELLING EXPLOSIVES, AMMUNITION OR FIREARMS TO MINORS. "No person, firm, association or corporation shall sell or give to any minor under the age of sixteen (16) years any powder, commonly called gunpowder, of any description, or any dynamite or other explosive, or any shells or fixed ammunition of any kind, except shells loaded for use in shotguns and for use in rifles of twenty-two (22) caliber or smaller, or any firearms of any description, without the written consent of the parents or guardian of such minor first had and obtained. Any person, firm, association or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor."
Thank you for returning my permit to me and for treating us in a very respectful and professional manner. It speaks highly of the Nampa Police Department. Also pass on to Asst. Chief Forsman my respect for his professionalism.
Matt XXXX