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Thread: Illegal carry places

  1. #1
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    Here is my list of places I know are illegal to carry in Idaho. If you know of others or I have something wrong please tell me. I am just making sure my head is on right for legal purposes aside from the OC unfriendly places.
    No carry
    courthouse
    juvenile detention facility
    adult correctional facility, prison, jail
    public school or private school
    any place posted with 'no weapons'
    Any federal building (including P.O. & parking lot)

    What is the status on bars? political gatherings(what prompted this)?

    Thanks
    Eric

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    I put this up there because I'm going to Walt Minnicks office at Meridian city hall building to encourage him to vote against the health care bill Fri. I am fairly certain weapon carry is ok at political events, but had a notion of doubt.

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    I don't see you having a major issue as far as breaking the law. I would expect though that someone raises the question and harasses you, or the press if there might hit ya up on this one. Just be cordial and keep your cool is the only advice I can give, thats how I would do it personally. Maybe I might meet up with you. PM me and let me know when and where you will be. Talk to ya soon. Ed, if you see this one, maybe you might join in?

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    i might join too, depending on health.

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    The press thing is a good point. I am looking forward to an event with you guys were the press can hyperventilate over nothing, but I don't want to detract from tomorrows message. I think I will CC tomorrow so as to focus on one message at a time.

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    Eric. wrote:
    The press thing is a good point. I am looking forward to an event with you guys were the press can hyperventilate over nothing, but I don't want to detract from tomorrows message. I think I will CC tomorrow so as to focus on one message at a time.
    I think you should open carry, if you really want, it wont hurt the message at all and shouldnt detract from what is going on. And if you are asked or approached you stay focused on why you are there, not your gun, so they dont have any ammo, so to say.

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    All in all it was a good gathering. Minnick promised to vote in opposition to the health care bill. We ended up going in city hall to Minnick's office, so I had to go back to my vehicle to ditch my gun. I'm glad I keep a small handgun safe in my car, cable locked to the base of my seat.

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    Eric. wrote:
    All in all it was a good gathering.* Minnick promised to vote in opposition to the health care bill.* We ended up going in city hall to Minnick's office, so I had to go back to my vehicle to ditch my gun.* I'm glad I keep a small handgun safe in my car, cable locked to the base of my seat.*
    Was his office in a courthouse or federal building because the last time I checked City Hall was not a restricted area. I stood in the Sandpoint City Hall and talked with the Mayor while open carrying my 1911 and nothing was said.

    LoveMyCountry

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    I didn't see a posting and wondered if carry was ok. I just have in my head that gov places are off limits. Maybe someone can chime in and tell us for sure.

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    Eric I charge you to find out please the best you can, and have it for us on the meeting on the 12th.

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    Oooops, wrong thread.

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    I am currently writing a book about the Idaho gun laws, and from my research I can tell you that carry is legal in places posted with no gun signs. If the owner of the place knows you are carrying they can ask you to leave, and if you don't get you for trespassing, but it is not illegal to carry there. It is also legal to carry in a school, but you must get written permission from the school board or commissioner, you can also carry as long as you are just dropping off or picking up your children(without permission). There is no law which says you cannot carry at political rallies, or any law(like some states) that say you can't carry at events with a certain amount of people. Bars are open for carry, the law says that you cannot concealed carry while drinking, but there is no law against carrying open or concealed in a bar.

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    Could you please cite where it says that consumption of alcoholic beverages while carrying a frearm is illegal?



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    Title18-3302B. States that it shall be unlawful for any person to carry a concealed weapon on or about his person when intoxicated or under the influence of an intoxicating drink or drug.
    I don't know what constitutes being under the influence, or how that affects open carry, but there is something.

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    You are right ecocks, it doesn't say you can't consume. You just can't while intoxicated, which I don't believe has ever been challenged in Idaho, but I would imagine they would use the .08 just like for while driving.

    And there is no law in Idaho that say's you can't while open carrying. But like any responsible gun owner and person who wants to protect my family I don't ever drink while carrying.

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    not to take a side here, but taking into the .08 limit, personal tolerances etc... having one while carrying wouldnt be a crime, and unless it makes you impaired, shouldnt be a problem.. however i am not saying to drink and carry, no more then i would say drink and drive. both are activites frowned upon. it is up to your best judgement as to what is best for you. but keep in mind, a gun is like your keys, if you get to impaired, expect it to be taken too.

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    John Wolver wrote:
    not to take a side here, but taking into the .08 limit, personal tolerances etc... having one while carrying wouldnt be a crime, and unless it makes you impaired, shouldnt be a problem.. however i am not saying to drink and carry, no more then i would say drink and drive. both are activites frowned upon. it is up to your best judgement as to what is best for you. but keep in mind, a gun is like your keys, if you get to impaired, expect it to be taken too.
    John, Ecocks, I agree with what you are saying but keep in mind, if there was a need to draw the weapon and shoot, and the 'Law" finds out you had even one drink in your system. Well a good defense attorney for the BG if still alive or family will tear you up in court as will the ADA. With that said, it comes down to your best judgement. Although not illegal to have a beer while armed it can cause issues and it is the carriers decision to do so. I would never have a drink a beer in a public place while OCing, not good for the push to educate more folks on the idea of OC is legal and perfectly normal.

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    All, please bear in mind that at no point did I in any way advocate drinking while carrying. Nor did I argue or attack the question. Aswe have discussed at meetings and get-togethers,Iam wellaware that the [untested] restriction is on carrying while "under the influence". My question was strictly with regard to whether there was anything new or previously overlooked in statute or case law.

    Don't make this into anything more.

    That's a problem with a damn forum.



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    Under Idaho Law, it is not Illegal to Open Carry and Drink, however; if I were you, and you were smart, you would do that in your own Home, Land, Property, or Place of Business.

    Furthermore, if you did Drink and Carry, and God forbid, but if something goes wrong, you very well could be in a lot of troulbe, notwithstanding, the fact that Idaho is perhaps one of the most pro-Firearm States in this country.

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    I would love to hear if there is some court case or standard that made .08 the accepted amount as that would be freeing to me. If I am out and about I always make sure I am well under the accepted limits for driving, but I would like the freedom to sip on a beer in such a manner that would not leave me impaired for driving or having my firearm on me.

  21. #21
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    Maybe passtheammo could weigh in on this. It sounds like he had some exposure to it up in Moscow from his conversation with the sheriffs deputy up there about the fair.

    Well played, Lieutenant. I'm impressed. Let's pull up my record from a couple years ago and throw in a pithy comment with it. We could go into a debate on tolerance levels, bring in a chemist, go over my sober discussion with the officer involved. But the law is the law, and I am guilty of breaking it for carrying concealed while having a beer with a friend from out of town. It was a poor decision, and a mistake that I have learned from. I'm aware of my past offense and despite the temptation you shouldn't feel the need to pull it out as a "trump card".

    I hope I'm not digging up anything bad, it sounds like passtheammo has nothing to hide, but has just seen the ugly side of the law not being tolerant of a single drink.

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    Shame on our legislature for leaving this in a gray area. I would also assume "under the influence" would be equivalent to the same measures as drivers of automobiles but that could be a dangerous assumption. Nonetheless, the point is that it is not illegal to consume alcohol while carrying your firearm.

    I'm hoping to get a presentation together on this for our March or Aprilmeeting. It should be an attention-getter and maybe generate some favorable press if we can do it right.

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    as always, with anything, becareful, take care, use your best judgement.

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    Is "the press" ever favorable in pertinence to gun rights?

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    ecocks wrote:
    All, please bear in mind that at no point did I in any way advocate drinking while carrying. Nor did I argue or attack the question. Aswe have discussed at meetings and get-togethers,Iam wellaware that the [untested] restriction is on carrying while "under the influence". My question was strictly with regard to whether there was anything new or previously overlooked in statute or case law.

    Don't make this into anything more.

    That's a problem with a damn forum.

    LOL, I never took it that way. I know ya and we have discussed this before with the same beliefs. Gonna PM ya in a min to see how meet went.

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