Carrying firearms in Idaho

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IndianaBoy79 wrote:

Thank you for clarifying what 3302D for me. Honest mistake.

Be careful applying 3302C to OC though, as that clearly states concealed.

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No sweat, it is very easy to miss things in the law even after reading several times.

This is a perfect time to remind everyone to check their own facts against the law and make their own mind up about things. Never trust me or anyone else to give you the correct advice. Even when we study things in depth, it can get confusing and there are different interpretations to different laws. Review the law for yourself and consult and attorney before you take any questionable actions that may put you in jeopardy.

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Absolutely! There is no substitute for reading and knowing the law right from the statutes.

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josie02av wrote:

I just want to thank you all. Being new to this site, I have learned more in the last hour or so of browsing this site then I have learned ever. I have sent some links to friends of mine.

Again thank you all from a newbie to this site.

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I'll add my voice to yours on that point.....great stuff here!

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I started looking at this website a while back and just wanted to voice my appreciation for all the supporters of our 2nd amendment rights. This thread has been particularly useful. I now keep a printout of all the Idaho statutes that I found pertinent to carrying firearms in my wallet, just in case of an issue with LEO's. Upon making this list I did have a question regarding the concealed weapons law when it comes to vehicles and I'm looking for clarification. Any input would be appreciated.

Following laws are taken from Idaho's website
http://www3.state.id.us/cgi-bin/newidst?sctid=180330002.K

18-3302.ISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS.
.............
(7) Except in the person’s place of abode or fixed place of business, or on property in which the person has any ownership or leasehold interest, a person shall not carry a concealed weapon without a license to carry a concealed weapon. For the purposes of this section, a concealed weapon means any dirk, dirk knife, bowie knife, dagger, pistol, revolver, or any other deadly or dangerous weapon. The provisions of this section shall not apply to any lawfully possessed shotgun or rifle.

(9) While in any motor vehicle, inside the limits or confines of any city, a person shall not carry a concealed weapon on or about his person without a license to carry a concealed weapon. This shall not apply to any firearm located in plain view whether it is loaded or unloaded. A firearm may be concealed legally in a motor vehicle so long as the weapon is disassembled or unloaded.


My question is, can I carry my shotgun loaded and concealed in my vehicle without a permit? While this would appear to violate section 9 it seems that section 7 would allow this as it is a legally possessed shotgun and should not require a permit to carry concealed, or are the concealment laws different for vehicles as opposed to carrying on your person? I realize this is sort of a nitpicky question but I'd rather carry my gun loaded (nothing in the chamber, of course) than unloaded and I don't really have a place for it in my SUV that I would consider to be in plain view as the law dictates.

Thank you in advance for your input.

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the law gives you 3 good options for having a firearmin your vehicle.

1) carrying it loaded and concealed with a ccw, in your vehicle.

2) carrying it loaded or unloaded "in plain sight " in your vehicle without a ccw.

3) carrying it concealed while having it unloaded ordisassembled.

keep in mind there is case law regarding this issue.

if you choose to carry concealed (loaded and assembled)without a ccw, you get to wear silver bracelets !!! state vs. haley addreses this.

if you choose option 3- keep in mind that idaho has defined what " on or about you person" means.



state vs. mcNary (idaho)= the general test of concealment is whether a weapon is so carried as not to discernible by ordinary observation.

state vs. button(idaho) = where the officer could only see a small portion of a weapon in the defendant's car from one particular vantage point, the weapon was not discernible from ordinary observation, and the defendant was properly arrested for carrying a concealed weapon.

there is alot more but youll have to look on page 314 in idahos law manual for title 18 chapter 33.

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That's kind of what I figured, just seemed to me that there could be a circumstance where those laws would contradict each other. I guess my confusion comes from the clause that states the concealed weapons rule doesn't apply to shotguns and rifles. Thanks for the response, much appreciated.

Booted from Boise Town Square

Hey,

Anyone with extended knowledge of this information is welcome to reply of course!

I was at the mall today with my family, I ALWAYS carry a .45, this time I was detained briefly by 3 Boise cops that informed me that inside the mall was private property and I would be escorted from the premises.
I have never had any altercation of this sort, there were no signs posted at the entry which I can in at and this has never been an issue.
Other than the fact that they basically restrained me and embarrassed me in front of many many people there really was no issue other than the fact that I really felt discriminated against.
The three police officers were small medium and large with the medium one acting as the team jerk (in my opinion) my affiliations (90%) of my full time friends are Town police, county sheriffs and state police, so this really took me off guard.
Any comments?

I believe there is a sign at the front entrance that states firearms or weapons in a list. Rather obscure, but, there. I respect their private property rights. I also limit my shopping there.

Visit the IDCDL table at the upcoming gun show at the Expo Center in Boise the 9th and 10th of July. come to our meeting at Wild Bills BBQ on Cherry in Meridian on the 11th of July. I'll buy your meal for you and you can visit with us!

BPD officers' comments to you

IIRC, didn't they try to tell you that once you get your CCW, you can't OC? Or do I misunderstand?

The Boise mall management/owners are hostile to any carrying of firearms. They don't post all their entrances, and as you found out, have no problem calling in BPD (the jail is just down the road to the east, and a substation just down the road to the west) to embarrass and escort carriers out of the mall.

It'd be interesting to see if the individual stores with their own entrances - Sears, Penney's, Macy's, etc., have postings & call the police on OC'ers, or if it's only the folks who supervise the indoor common areas between the stores who do that.

Anyone know if the major anchor stores at the mall have corporate policies that allow OC/CCW?

Peace -

D

First, we just revived a year old friggin thread.

Second, it's private property. If they say you can't open carry there, then you can't. End of story.

Third, I thought it was fairly common knowledge that the mall is hostile to open carry. It's best to be concealed when there and at the Edwards 21 theater.

Both places have been known to not allow OC, so stick with CC at those places.

The last thing we need is a public spectacle of an OC'er being detained in public. It'll turn a lot of heads as to it being "illegal" and other assumed crap.

A simple search of the forum turned up the Treasure Valley OC Friendly List from a while back and the mall was on there.

Things have changed a bit, but still, you should always feel out places.

Malls are notorious for being anti-2A.

Edit: If you feel the Boise PD's conduct was unprofessional, then report it. The last thing we need to allow is anti-OC or anti-2A cops to keep their damn jobs. Any police officer that tries to prohibit your exercise of your rights under any circumstances needs to lose their job.

I've had a bunch of positive pro-carry experiences with police, so the last thing I want to see is the kind of mentality I got away from in California to keep going. File a formal complaint, make a stink, and if the police overstepped their authority (The question is whether or not the management of the mall have to personally ask you to leave or not) then the issue needs to be dealt with.

NavyLCDR said:

When you get a driver's license, can you still ride a bicycle? A driver's license gives you the option to drive a car. Since there is no statute against riding a bicycle, you can still ride a bicycle after you get your driver's licesne. The CCW license/permit gives you the option to conceal your firearm if you desire. Since there is no statute against openly carrying a firearm, you can still open carry after you get your CCW license/permit.

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Exactly my point - if that's the nonsense BPD is spouting, we need to quickly disabuse them of that notion.

BPD for years had recruiting fliers on bulletin boards at the LAPD, and we got a bunch of militaristic thugs from out of state who apparently haven't learned that Idaho is not California.

Costco boise???

BrianEMT said:

Its a touchy subject. Although technically you are free to carry while not under the influence. But entering the bar is demonstrating intent. So I would just be careful about where you do so.

Other places off-limits are the usual, public schools (K-12), court houses, post offices, and a few others. Feel free to carry anywhere else that is not strictly or obviously prohibited. You may also carry in all public libraries.

I have compiled a list here of Go, No Go businesses.

Anti-Gun:
-Costco (Boise)
-Costco (Nampa)
-Lee Read Jewelers
-Capitol Mall (legislation change in progress)


You can find the updated list here:

http://icsdl.org/forums/showthread.php?t=15

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I OC all the time in the Boise COSTCO without any problems or even wierd looks. I don't really know why you had issues there maybe you had a "give be a bad time" look.

Thank you!

The middle officer, Officer W, was the one who unequivocally stated that since I had a concealed permit, it was illegal to carry in the open. I was very surprised by this statement, when I turned to Officer A, he immediately stated that he agreed with everything Officer W was saying. Either position protection or the blind following the blind.
Now, I was NOT informed of mall policy regarding firearms until the officers had taken my firearm, had me lock fingers behind my head and get the full TSA pat down..
There are NO SIGNS coming out of Sears or at the entrance that I came in, I have little doubt there is a sign there as of today.
I have never had a problem at SEARS or other places. I would like to get these officers informed of what the law actually is and it seemed to be harassment instead of information.
I was reading the other gentleman's post, however I do not seek money(s) only the freedom to be left the heck alone. If this is going on elsewhere and the police ARE aware of the law, then that is another issue all together.

DCR said:

IIRC, didn't they try to tell you that once you get your CCW, you can't OC? Or do I misunderstand?

The Boise mall management/owners are hostile to any carrying of firearms. They don't post all their entrances, and as you found out, have no problem calling in BPD (the jail is just down the road to the east, and a substation just down the road to the west) to embarrass and escort carriers out of the mall.

It'd be interesting to see if the individual stores with their own entrances - Sears, Penney's, Macy's, etc., have postings & call the police on OC'ers, or if it's only the folks who supervise the indoor common areas between the stores who do that.

Anyone know if the major anchor stores at the mall have corporate policies that allow OC/CCW?

Peace -

D

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Report this to the Chief, the City Attorney, and anyone else you can.

When they had an issue like this back in 2008, they were informed and had to go through training.

This is the library incident if anyone remembers.

Also: This is why people keep recording equipment on them in other states. No he said she said crap when it comes down to it.

I hope you took names, badge numbers, and any information possible.

Also you cannot have your firearm confiscated unless you committed a felony, per the state constitution.

It seems to me that you were detained. Did anyone with authority ever ask you to leave before/afterBPD showed up? Or did BPS go right to detention? This may be similar to Almagado.

Sent from my HERO200 using Tapatalk

I'd like to point out that no college which is state-subsidized (all of them), may restrict firearms carry in any way for your average joe. They can, however, make "rules" which restrict carry for STUDENTS. If you don't want to get expelled I suggest you do as I do, and conceal on campus. Otherwise, if you have graduated or do not expect to attend that particular school, you can tell them so shove it when they ask you to leave, you are not trespassing, it is state property.

On the note of carry and alcohol; I would like to point out that THE ONLY CARRY REGULATED WITH REGARD TO ALCOHOL IN IDAHO IS CONCEALED CARRY. There is no law prohibiting blatant drunkeness and OPEN CARRY.

On a personal note, I would not suggest being drunk and carrying in public simply because you could be cited for public drunkeness... Having said that, if you're planning to celebrate Independance Day with a little to drink, have no fear, the great state of Idaho will not prohibit you from openly (and therefore honestly) carrying a firearm of your choice.

Unfortunately sometimes it takes a lawsuit to get their attention. As for the mall I just don't shop there as long as the stores support the malls management’s anti-gun status for law-abiding citizens. I figure they don't need my money when I can find things either at another (gun friendly) store or on the internet. If everyone stopped going to the mall that was pro-gun they may start to lose enough business to re-evaluate their position and put pressure on the management to change the anti-gun policy. This goes for the Cheese Cake factory also.