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Thread: Idaho (no CWP) carry

  1. #1
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    Hey guys, I might be goin to Idaho later on tonight, im 20 years old, and OC here in utah

    just curious about car carry and stuff, is it legal? i only have my ruger 357 mag and western rig, so i dont know what kind of trouble i might be getting myself into... any info? thanks guys!

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    You can OC in public with no CWP, but if you are in a car you must have a CWP. That is it in a nutshell.

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    how can we take in in a car? locked box, secured case, plain view?

    utah JUST passed a law so we can carry openly or concealed in our cars now im so glad i dont have to put it in a case anymore

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    Lock it in a box or your trunk. MAKE SURE ITS EMPTY while you are in the car. it must be unloaded and Locked away somewhere out of reach if you dont have a permit.

    And especially make sure to do this when you cross the state line. If its not Unloaded, and its not locked up. oh, and The ammo must be seperate (ie, not in the trunk)


    THIS IS A FEDERAL ISSUE!!, not the states. You HAVE TO HAVE IT LOCKED UP, UNLOADED, WITH THE AMMO SEPERATE. or thats a big issue.

    Hope you didnt leave yet, and got to read this, cuz thatd be a nasty problem with LE. I.S.P is usually pretty cool, but they are like little robots when it comes to any laws that have to be followed.

  5. #5
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    Then after you cross the state line (and exit the vehicle) you can strap it on and OC most places. I dont believe you'd have problems with putting it on your person, as long as you're using your head whilst you are doing it.

    Oh yeah, ...... the preceeding posts were not legal advice, and should not blah, blah, blah....etc. etc. etc.

  6. #6
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    GNGklinger, you were just SLAMMED. I cant believe you got the info THAT wrong. I will not be going to idaho now, plans changed. THANK YOU NAVYLT! I love when people are corrected in that way when i read that GNGklinger mentioned federal law, i was about to laugh, simply because, if it was federal law, i would be breaking the law every single day! federal issue LMAO!

  7. #7
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    Navy LT got things right and corrected a fellow member on something that was incorrect. You proceeded to show us that you lack maturity. Frankly I am glad you aren't coming here with that attitude and your gun.

  8. #8
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    No, but you provided the correct info and didn't act like a immature little 20yo home-boy mocking what he didn't know all of an hour before as though he knew the info the entire time. I am used to it from hanging out on the WA side of the house so I don't find it offensive.

  9. #9
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    NavyLT wrote:
    So, let me get this straight, GnGKlinger,* I put the unloaded gun in a locked case in the trunk, and then the ammo, let's say, in the glovebox, or on the back seat, and that would be the way to transport across state lines, by Federal law?

    Really.* Would you care to please post what the actual Federal law states, instead of what your incorrect opinion of the law is?

    And, additionally, it would be greatly appreciated if you would post the Idaho law that forbids carrying a loaded handgun in a vehicle by a non-CCW in Idaho as well, instead of your incorrect opinion of the Idaho law as well.
    K, ********: http://www.gun-politics.org/showthread.php?t=9

    Note: In vehicles without a trunk separate from the passenger compartment any firearms AND ammunition must be in a locked container other than the glove compartment or console.

    I wasnt saying a thing about the gun being in a locked box, AND in the trunk. I was stating either/or. But since weve gone the route of the teenage forums, Im glad I didnt check back till tonight.
    But, Now I kinda feel like a good banning: So **** You, Like I just ****** yout ******* Navy Mama, and the little ***** that hang around your little gay ass Navy port Need to harden the **** Up. That little ***** harbor needs to get a clue as to what happens in the rest of the nation.

    Peace out, and **** ya' all!!!! http://opencarry.mywowbb.com/images/...ons/banana.gif
    :celebrate:celebrate:celebrate

  10. #10
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    OC in a car is perfectly legal, just make sure it is completely visible. This usually means on the front seat or dash. If its still on your hip, thats a grey area. Is the seat belt covering it? The officer may decide to arrest you and you can argue your case in court later. Just make sure its obvious to anyone who would look in and you'll be fine. Our concealed carry law only applies within city limits too, so if you are in an unicorperated area, conceal away all you want.

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    Not to be a buzzkill, NavyLT, but following 18 USC § 926A is mandatory, NOT optional. If you read the text closely, it says you "shall be entitled to transport a firearm... IF, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle." It's the damn little "if" that the whole sentence turns on. If you follow the rules established (unloaded/inacessible), THEN you are entitled to transport firearms across state lines.

    So said the US Supreme Court when upholding the seizure of firearms not transported in compliance with 18 USC 926a. Matter of Two Seized Firearms, N.J.1992, 602 A.2d 728, 127 N.J. 84, certiorari denied 113 S.Ct. 75, 506 U.S. 823, 121 L.Ed.2d 40.

    I'm not trying to belittle you or anything; I would just hate for any of the forum readers to mistakenly think they are not required to follow federal law governing the interstate transport of firearms.

  12. #12
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    I think I may have misunderstood your original post. You're correct about the case I cited. <Matter of Two Seized Firearms, 602 A.2d 728 (N.J. 1992)>. (It's on Westlaw and the hardcopy Atlantic Reporter Second, of course.) A Florida gun owner with two loaded revolvers, one under the seat and the other in the glove compartment of his van was pulled over in New Jersey for speeding and arrested when his firearms were discovered. Although his transportation of firearms in this manner was legal in Florida at the time (1988), it was not legal in New Jersey. The New Jersey Supreme Court held that because he did not comply with 18 USC 926A, it offered no protection for him. Even though he wasn't actually convicted, the NJ Supreme Court held that the state could keep the revolvers it confiscated.

    However, although FOPA is supposed to provide firearm owners protection when they transport firearms across state lines, courts don't always see it that way. If you are transporting a firearm that is legal to possess in your state and is also legal to possess in the state to which you are traveling, and you travel through a state where that type of firearm is not legal to possess, you can still be prosecuted under state law, and federal courts don't consider 18 USC 926A to preempt state possession laws.

    For example, a Florida attorney who legally possessed a firearm in Florida brought it with him while traveling to visit relatives in New Jersey. He flew out from La Guardia airport in New York, where possession of a handgun without a NY license is illegal. When he declared the handgun at the baggage counter as required by federal law, he was arrested by NY police and charged with possession of a weapon in NY without a license. In Torraco v. Port Authority of New York & New Jersey, 539 F.Supp.2d 632 (E.D.N.Y. 2008), a federal court held that his possession of the firearm was sufficient cause for arrest, regardless of federal preemption. Fortunately for Mr. Torraco, the DA dropped the charges.

    I wouldn't drive through California with an AR-15 anytime soon, even if you're only traveling from Oregon to Arizona. It's going to be arrest and confiscation of your weapon, and whether you can persuade a court to enforce FOPA appears to be iffy...

    with the handle NavyLT... gotta be current or former Navy JAG, right?

  13. #13
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    NavyLT is absolutely correct in his interpretation, and this is exactly how I understand it as well.

    To expand just a bit further however, FOPA also allows you to transport a firearm or component, in the described manner, that might otherwise be illegal in states that you pass through, as long as you are ultimately transporting that firearm from AND to a state that you are allowed to posses that firearm or component.

    For example,

    You are on a road trip from Washington to Texas and plan to pass through Oregon and California on your way there. You have your XDM with only your high cap mags with you and you have a CPL from Washington.

    In Washington you may: OC or CC your firearm in accordance with Washington law, OR use FOPA.

    In Oregon you may: OC your firearm in accordance with Oregon law, OR use FOPA.

    In California you must: use FOPA (because your high cap mags are illegal, even UOC in accordance with California law is not an option with them)

    Once you get to Texas you may: CC your firearm in accordance with Texas law, OR use FOPA. (Your Washington CPL is recognized in Texas)

    Because your beginning and ending points both allow you to posses the XDM with the high cap mags, it is legal to transport them through California using FOPA.

    It is not illegal in California to possess high cap mags, but is IS illegal to use or carry them within the state, or to sell or in any way attempt to sell them without a license from the state. (in short) Transporting high cap mags "into" the state is illegal, but transporting them "through" the state is legal as long as you are transporting them in accordance with FOPA. :quirky

    NavyLT, did I miss anything?


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    As luck may have it, I will be crossing into Idaho a few times in the next week or so to hopefully buy a new motorcycle. I am twenty years old and would love the chance to finally legally carry a loaded handgun outside of my home.

    As I understand it, I can OC probably anywhere I'll be going? Gas station, fast food, etc? Obviously while driving cased and unloaded while in WA and then loaded on the seat to be safe once in ID, correct? Would a cheap nylon holster break plain view while on the seat? I personally wear my XD in a Serpa, but would still like it holstered so the trigger isnt exposed.


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    Yup... Im plenty used to the hoops I have to jump through here in WA...

    Is ID the same as WA for LEO stops without RAS? Or is ID or name/address/DOB mandatory period?

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    Forgot to mention that I OC'd in Moscow Saturday. Just had a little lunch at McDonalds and grabbed a gatorade at Safeway. Completely uneventful. Looked like lots of people noticed though. Maybe it was because I have an OD green XD or maybe it was because of my "SHTF" shirt with an AK on it.



  17. #17
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    This time of year Moscow is much more OC friendly than when in school is in session. I OC just about everywhere around here, except for Tri-State. The people around here during the summer are the locals, and they are pretty chill about guns. When the college kids come back the looks are not just to see what you are carrying but become horrified glares of "OMG does that guy have a gun??" It is fun to screw with the college students around here.

    ETA: the cops don't care if you OC or not. Moscow PD is pretty cool; they are more of an education over enforcement agency. Pullman leaves a lot to be desired; they are about enforcement first and public relations later.

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