Carrying firearms in Idaho

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I am fully aware of that BS about the Universities. CCW on campus at UI sparked a huge debate at UI last year that continues to this day. There is a student group up there that is working on getting the law changed to properly reflect state law.

The primary argument against us is that college kids would get drunk and kill everyone and why do we need guns on campus, they will only cause issues. I tend to carry anyway and haven't been caught in a year and a half.

check out concealedcampus.com or for U of Idaho specific

http://www.facebook.com/group.php?gid=2317999404

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It is completely legal in the state of Idaho to ccw into a bar or facility that sells alcohol. However, you should not even think of taking a drink - even a sip. If you end up in an altercation that requires you to use your firearm for self-defense, you could end up in more trouble than you bargained for. Your judgement, reputation, decision making ... everything, will become suspect. If you carry in a bar, just like driving - don't drink.

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Vandal wrote:

[SNIP] I tend to carry anyway and haven't been caught in a year and a half.

check out concealedcampus.com or for U of Idaho specific

http://www.facebook.com/group.php?gid=2317999404

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That really isn't something I would post where the general public can see it. This forum gets quite a bit of traffic and I wouldn't be shocked if some of the more extreme activists in the anti-gun crowd at UofI (faculty or students) skim the ID section of these boards and CC boards as well.

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1st ammendment under attack as well. Let's face it at some point we all will have to defend (with a gun) our right to carry. The nutty left will not stop until they control everything.
There it appears I've said too much.

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4liberty wrote:

1st ammendment under attack as well. Let's face it at some point we all will have to defend (with a gun) our right to carry. The nutty left will not stop until they control everything.
There it appears I've said too much.

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I'm not suggesting that we moderate our words here in a 1st amendment context.

I'm suggesting that people who post here shouldnot publicly declare criminal intent or post the admission of criminal actions in this very public forum. (It's also a good idea to keep your mouth shout about all ongoing investigations and legal proceedings until they are resolved and your attorney has given you the go-ahead to go public with the story.)

I'm advocating common sense in terms ofself-moderation not censorship in terms of others moderating us.

I'm also suggesting that people who violate administrative law/code by concealing on campus at UofI don't brag about doing so.

I could care less if they have an ID permit and CC on the UofI campus. I'd just hate to see someone from UofI (like a faculty member) read it and have the person detained by the campus security, searched, have their firearm siezed, and then be expelled from the UofI for violating their administrative codes... None of it would be criminal, but it could happen.

It happened to a CC holder in Oregon recently. Go look at the threads about it. He's facing expulsion and that might hurt his chances of being accepted at any other University as well.

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shad0wfax wrote:

I'm suggesting that people who post here shouldnot publicly declare criminal intent or post the admission of criminal actions in this very public forum.

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Good advice.

I'm also suggesting that people who violate administrative law/code by concealing on campus at UofI don't brag about doing so.

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Nobody was bragging. Vandal's comment was simply a statement of fact.

I could care less if they have an ID permit and CC on the UofI campus. I'd just hate to see someone from UofI (like a faculty member) read it and have the person detained by the campus security, searched, have their firearm siezed, and then be expelled from the UofI for violating their administrative codes... None of it would be criminal, but it could happen.

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True enough, but a person who simply reads the forum is going to have considerable difficulty identifying individual posters.

It happened to a CC holder in Oregon recently. Go look at the threads about it. He's facing expulsion and that might hurt his chances of being accepted at any other University as well.

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The circumstances in Oregon are different. The University that is trying to expel that student is clearly in violation of the law. His acceptance to other Universities will not be affected by this situation.

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Our "security" is the Moscow PD. They cannot detain me, seize my weapon or search my off campus place without a warrant. There is no PC for a search and seizure merely by me having a firearm on campus and violating something that is un-Constitutional in the first place.

The odds of getting expelled are minimal as they would have to defend, in court, why they are attempting to enforce a rule in a state-run institution that is in violation of the state and federal constitutions. remember with UI we are talking about a rule, not a law and rules don't hold up well in court as there is no substance behind them. I have discussed this with a lawyer a few times should anything happen.

If the UI admin folks want to find me, I wish then luck in obtaining a warrant to get the OCDO folks to give up my information when I am not in violation of any actual law.

I can and do carry at WSU since I am not a student and am not governed by their rules.

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Vandal wrote:

Our "security" is the Moscow PD. They cannot detain me, seize my weapon or search my off campus place without a warrant. There is no PC for a search and seizure merely by me having a firearm on campus and violating something that is un-Constitutional in the first place.

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Also, Latah County Sheriff is on record encouraging lawful concealed carry on the UI campus.

As for the rest of your post, I agree 100%.

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Thanks, it's nice to have a little backup now and then.

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Vandal wrote:

Thanks, it's nice to have a little backup now and then.

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I'm not attacking you. You don't need "backup."I don't disagree with what you're doing on the campuses either. I simply think it's unwise to publicly (regardless of how anonymously) claim that you CC on campus for a number of reasons.

Additionally, I never claimed that any detainment, search, or seizure would be lawful and I was inferring that if that were to happen (regardless of how remote the possibility is) that it would happen on-campus.

No one said anything about raiding your home. :banghead:


We're all absolutely and completely off-topic from the OP too.

Edit: removed lame smiley.

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shad0wfax wrote:

We're all absolutely and completely off-topic from the OP too.

Edit: removed lame smiley.

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It happens from time to time.

I was mainly just explaining what MPD and UI couldn't do to back up my arguments. I didn't see you as attacking me or anything remotely like that. I just tend to go in depth on my replies.

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I have not seen this mentioned yet by anyone. If I am reading this right, it means that only an unloaded and concealed firearm may be carried in State Parks?

If this is true, then shouldn't it be included in the "no carry" section of the Idaho OC Pamphlet? Or at least give it some mention.

If anyone can give a bit of clarification on this, it would be much appreciated.

I was checking Idaho laws out at http://www.handgunlaw.us/states/idaho.pdf in preparation for a trip there for 4th of July.


IDAHO ADMINISTRATIVE CODE IDAPA 26.01.20 - Rules Governing the Administration
Department of Parks and Recreation of Parks & Recreation Areas & Facilities
Page 15 IAC 2009

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.
http://adm.idaho.gov/adminrules/rules/idapa26/0120.pdf

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Vandal wrote:

I am fully aware of that BS about the Universities. CCW on campus at UI sparked a huge debate at UI last year that continues to this day. There is a student group up there that is working on getting the law changed to properly reflect state law.

The primary argument against us is that college kids would get drunk and kill everyone and why do we need guns on campus, they will only cause issues. I tend to carry anyway and haven't been caught in a year and a half.

check out concealedcampus.com or for U of Idaho specific

http://www.facebook.com/group.php?gid=2317999404

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You can always point to Utah for an example to shoot down (pun intended) their argument. Utah has complete open/concealed carry at all public institutions of higher education with never an incident.

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Also curious about the "no concealed" at court houses. Does this mean open carry would be legal? Ada and Canyon County have security check points.

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idahomilitia wrote:

Brian,

You can add the iMax theater on Overland as a business hostile to the right to carry. When you buy your ticket, you'll see a sign on the window saying no firearms, including concealed with a ccp. Of course I routinely ignore these signs as the worst they can do is ask me to leave on the scant chance they find out.

James

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As for the iMax- which is part of Edwards Cinemas on Overland - not being gun friendly (not that it's an excuse - but),they had an "accidental discharge" in their mens room several years ago. Seems a person with a CWP couldn't resist "playing" in the stall, and a loud bang ensued.

:banghead: (and it wasn't from their head banging on the stall door)

Not the brightest shining moment in the fight for understanding from those that don't "get" being armed.


Haven't seen the sign in the window so it must not be very obvious, and cc there every time I go. No problems thus far...but I'll look next time I go.

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FMCDH wrote:

I have not seen this mentioned yet by anyone. If I am reading this right, it means that only an unloaded and concealed firearm may be carried in State Parks?

If this is true, then shouldn't it be included in the "no carry" section of the Idaho OC Pamphlet? Or at least give it some mention.

If anyone can give a bit of clarification on this, it would be much appreciated.

I was checking Idaho laws out at http://www.handgunlaw.us/states/idaho.pdf in preparation for a trip there for 4th of July.


IDAHO ADMINISTRATIVE CODE IDAPA 26.01.20 - Rules Governing the Administration
Department of Parks and Recreation of Parks & Recreation Areas & Facilities
Page 15 IAC 2009

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.
http://adm.idaho.gov/adminrules/rules/idapa26/0120.pdf

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My guess is you found an old version of the rules. I accessed the PDF you linked to above, and Rule 26.01.20.600 simply states:

600.PERSONAL SAFETY, FIREARMS
No person may purposefully or negligently endanger the life of any person or creature within any land administered by the Department. No person may discharge firearms or other projectile firing devices within any lands administered by the Department, except in the lawful defense of person, persons, or property or in the course of lawful hunting, or for exhibition or at designated ranges as authorized by the Director. (7-1-09)

My guess is the Parks and Rec Board just got around to updating their rules to reflect the firearm regulation preemption bill passed a couple of years ago.

I.C. §18-3302J(2) PREEMPTION OF FIREARMS REGULATION, states
"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."

The state statute that authorizes the Idaho Park and Recreation Board to promulgate "rules as may be necessary for the proper administration... and the use and protection of park and recreational areas subject to its jurisdiction" is I.C. §67-4223 POWER OF BOARD. Nowhere in §67-4223 does the word firearm even appear, let alone any mention made of granting the board power to regulate the carry of firearms on state park lands.

The preemption statute requires "express authorization" from the legislature as recorded in the state statute for any state board to have the power to regulate firearms at all. Because no such express authorization was given to the Park and Recreation Board, they have no power to regulate anything regarding firearms except for discharge.

So you have nothing to worry about if plan on carrying in a state park while visiting.

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idahoguy84 wrote:

So you have nothing to worry about if plan on carrying in a state park while visiting.

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Thanks for the clarification. Everything I had read suggested that State Park carry was legal, but when I saw that, it kind of threw me.

About a week too late however, but that's ok.

I carried in the parks anyway on advise from a few military friends in the state.

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So from my understandingI can carry my weapon unconcealed, as long as I am not hanging out at a school,( whichI only go to the schools to pick-up or drop off), or a bar, which I don't drink. I have not gone down and paid the $50.00 to get my concealed weaponhs yet. I always carry my gun when I am camping, hiking or fishing. I just was not sure about around town.

Thank you all for the information, I have lived in many of the western states like, CA, CO, WY, AZ,NV,UT and MT. So remembering all the laws is hard. I try ti just stick with common sense.

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IN IDAHO YOU CAN OPEN CARRY ANYWHERE EXCEPT SCHOOLS K-12.

COLLEGES, UNIVERSITIES, AND OTHER ADULT EDUCATION ESTABLISHMENTS ARE ALL LEGAL TO CARRY OPENLY, OR CONCEALED WITH A PERMIT, PER IDAHO LAW.

IN IDAHO, WITH A PERMIT, YOU CAN CARRY ANYWHERE CONCELAED EXCEPT: COURTHOUSES, JAILS/DENTION CENTERS, OR SCHOOLS K-12.

THE ONLY PLACE THAT IS OFF LIMITS TO OPEN AND CONCEALED CARRY IN IDAHO IS SCHOOLS K-12.

IF YOU WANT TO GO INSIDE A COURTHOUSE OR JAIL, OPEN CARRY. A PERMIT WILLNOT HELP YOUWHILE AT THESEPLACES.

AS ALWAYS, PRIVATE PROPERTY MAYHAVE THEIR OWN RESTRICTIONS, AND IF YOU DO NOT ABIDE BY THEM THEY CAN ASK YOU TO LEAVE. IF ASKED TO LEAVE, AND YOU DO NOT, THEN IT IS TRESPASSING.

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Not sure on the k9-12 issue, as the Federal Gun Free Zone act may actually allow an exception for concealed license holders. State law is silent on the matter of open carry there, it is the federal law we're looking at here. I need to do more research here.

You can conceal or OC into a bar. It's against the law for you to be intoxicated while CONCEALING, but the law is once again silent on the matter of OC. That being said, your not doing the OC movement any good by having a beer in your hand and a gun on your hip.

The law is silent on OC when it comes to courts and jails as well. The courts have given judges LOTS of leiway in the past in making their own rules in the court that they are in charge of. And while the law is silent on the issue, good luck trying to carry into a jail. lol

Try not to apply the concealed carry statutes to open carry. It's a common mistake, but the legislature in Idaho has no power to regulate open carry in any manner, only concealed carry. OC is your right, concealed carry is a privilege.