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Idaho law?

C

carracer

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Nampa, Idaho, USA
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I decided to get my resident Idaho CWP to go along with my Utah non res permit. So this morning I took my Utah Training certificate to the local Sheriff's Dept. to fill out the application and give them finger prints and money. In exchange they gave me reciepts and a hand out of photocopies of laws etc. I read thru thm and it was the same info that pretty much is standard. However, the very last page is a photocopied page with no reference to anything and states:

"State law prohibits firearms and dangerous weapons (concealed or otherwise) in:

Liquor Establishments
Gaming Sites
Any Public Gathering (including):
Sporting Events
Schools/School Functions
Church/Church Functions
Political Rallies/Functions
Musical Concerts
Publicly Owned/Operated Buildings
Publicly Owned Parks where hunting is not allowed."

I cannot find reference to any of this in the Idaho statutes other than the normal schools and courthouses etc. located in title 18 chapter 33, 18-3302C

Anyone have any insight into this?
 
S

Saint

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carracer wrote:
I decided to get my resident Idaho CWP to go along with my Utah non res permit. So this morning I took my Utah Training certificate to the local Sheriff's Dept. to fill out the application and give them finger prints and money. In exchange they gave me reciepts and a hand out of photocopies of laws etc. I read thru thm and it was the same info that pretty much is standard. However, the very last page is a photocopied page with no reference to anything and states:

"State law prohibits firearms and dangerous weapons (concealed or otherwise) in:

Liquor Establishments
Gaming Sites
Any Public Gathering (including):
Sporting Events
Schools/School Functions
Church/Church Functions
Political Rallies/Functions
Musical Concerts
Publicly Owned/Operated Buildings
Publicly Owned Parks where hunting is not allowed."

I cannot find reference to any of this in the Idaho statutes other than the normal schools and courthouses etc. located in title 18 chapter 33, 18-3302C

Anyone have any insight into this?
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Pure and utter bull shit. The only thing that is even possibly legitimate in that is the liquor establishments, which state law only prohibits carrying a Concealed weapon while under the influence of an intoxicating substance. Open carry while drinking is still allowed and carrying in a place that sells liquor is completely legal, both openly or concealed.

18.33 is the only statute that matters. If it is not prohibited within that statute, it is legal.
 
S

Saint

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The prohibition against schools is correct also, but only k-12. There is no provision in law regarding colleges or universities.
 
V

Vandal

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The Idaho universities do, however, prohibit firearms on campus or in student living areas if you are a student. Are they in violation of state law, you betcha. Has anyone done anything about it? Kinda, there was a bill proposed as part of the last round of pre-emption but there was such political protest the University Pre-emption part had to be cut out. Unfortunately none of us are willing to be expelled to be the test case.
 
9

9Shooter

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I have seen this topic come up a couple of times recently and so I did some research. Mostly I was interested in whether faculty and staff could carry on campus (BSU) with a valid permit. Boise State University Policy 1080 in part says the following:

The possession, wearing, carrying, transporting, or use of a firearm or other dangerous weapon, incendiary device, or explosive is strictly forbidden on university owned or controlled premises or vehicles. This prohibition also extends to any person who may have acquired a government-issued permit or license. Violation of this regulation will result in disciplinary action and sanctions up to and including expulsion, in the case of students, or dismissal from employment, in the case of faculty and staff, or charges of trespass in the case of the public.

So even though I have seen from a couple of different sources that it is ok for faculty or staff to carry if A) they have a CWP and B) notify the safety director, the policy above seems to indicate otherwise. It is still current based on what I can tell.
 
C

carracer

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I went to the Canyon County Sheriffs Department this morning. They insist that this is legit. They called the Procecuting Attorneys office and he also agreed it is legit. Neither could give me a statute number to back up their statements although both said it is not in 18-33. It is my feeling that if anyone were to carry into AppleBees or The Outback that a Canyon county Deputy would arrest and the DA would procecute.
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I also have this posted on boiseshooters.com Didn't know if it was forum unethical so let me know.
 
A

American Rattlesnake

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carracer wrote:
I went to the Canyon County Sheriffs Department this morning. They insist that this is legit. They called the Procecuting Attorneys office and he also agreed it is legit. Neither could give me a statute number to back up their statements although both said it is not in 18-33. It is my feeling that if anyone were to carry into AppleBees or The Outback that a Canyon county Deputy would arrest and the DA would procecute.
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Thanks for continuing work on this.

Because of state preemption, any law that they are talking about must be a state law.

If they insist that their claim is legit, I would expect them to prove it. If it's not in 18-33, it might be hard to find, though...



ETA: I just performed a few quick queries of the Idaho Constitution and the Idaho Statutes through the Idaho Legislature Search Form:

concealed weapon AND liquor
concealed firearm AND liquor
concealed AND liquor
firearm AND liquor
weapon AND liquor

I got zero hits on any of these combinations. That doesn't necessarily mean anything, I just thought it was interesting...
 
C

carracer

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I'm still awaiting the promised email from them with the statute numbers. My guess is it will never arrive. I don't believe there are any other than 18-33 but they will not admit it to me.
 
A

American Rattlesnake

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carracer wrote:
I'm still awaiting the promised email from them with the statute numbers.
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Please keep us up to speed. :)

I don't believe there are any other than 18-33 but they will not admit it to me.
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Is there any way to get their assertions in writing? You have said that your conversations so far are phone calls, but if you can get the Sheriff and the Attorney on record with their position, it might be easier to correct.
 
C

carracer

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UPDATE!!! I just recieved the reply from CCSO.

"Attached is the document that the State ofIdaho sent to me when the federal law went into effect. After looking it over, I noticed that this was prepared by the state of North Dakota and I believe that it is only applicable in that state.

I have sent over the information to our legal department for review, and I believe that a new pamphlet will be forthcoming.

Thank you for brining this matter to my attention.

Deputy Debbie McRae

Records Section Supervisor

Concealed Weapons Permit Unit"



I don't know how to attach a copy of the pdf file but I could tell it was not and Idaho document.

I will stop buy and give them a hearty THANK YOU and maybe some donuts too!
 
A

American Rattlesnake

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Congratulations and thank you for your persistence! By the tone of their email, it appears to me that they made an honest mistake wish to make it right.

Good for them! :)

I think it's a good idea to drop in and show appreciation. Building community relationships and all that...;)
 
I

IdahoCorsair

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you posted this on another forum too, right?;) Glad to see it get resolved quickly! :celebrate
 
K

kauaiboylost

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Hi all,

I would like to ask a quick question, could someone advise me of exactly what is "off limits" while carrying my concealed weapon(s). I just found this board and seem to really like some of this info.

KBL
 
C

carracer

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IdahoCorsair wrote:
you posted this on another forum too, right?;) Glad to see it get resolved quickly! :celebrate
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Yes, on the Boise shooters forum. As an update, the next day after the sheriff dept email I took them a couple of pumpkin pies and cool whip and expressed a hearty thank you and appreciation for their services!
 
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adam m

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someone please confirm for me, that you may open carry your weapon in the cocked and locked position. (Chambered)
 
N

NightOwl

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, California, USA
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adam m wrote:
someone please confirm for me, that you may open carry your weapon in the cocked and locked position. (Chambered)
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That's how I carried when I lived in Idaho. Silly to carry any other way, imo.
 
A

adam m

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No doubt. It makes my wife uncomfortable for me to carry like that. I just have to explain to her that it speeds up reaction time. And I don't have to waste time chambering a round.
 
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