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Thread: Open Carry in State-Owned & Operated Liquor Store

  1. #1
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    Open Carry in State-Owned & Operated Liquor Store

    I visited the Liquor Store @ 5180 W Overland Rd, Boise, ID‎. The manager there told me that in the future, I should know I'm not allowed to carry there, because it's a government facility. I explained that to the contrary, because it is a government facility, he is forbidden from prohibiting me from Carrying.

    I wanted to confirm this, but the only regulations I see on the books are related to the carry of a concealed firearm in a Jail, Courthouse, or K-12 School. In fact, that regulation doesn't even mention or regular/restrict open carry at all, just concealed.

    Could you guys confirm if I'm right and if so, also feel free to visit and explain it to the staff there?

    I offered to let him call the cops if he disputed what I was saying or if he wanted confirmation on no-gun-on-government-property (totally false) and have me removed. He seemed to stop trying to fight it and let me purchase my sweet sweet rum.

  2. #2
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    ive never had troubles, and liquor stores are state own and ran, so therefore he cant do much, with out violation preemtion law, i believe.

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    I'll swing by there today or tomorrow and see what is said.

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    Open Carry is Legal throughout all of Idaho, except Schools K-12.
    Concealed Carry, with a Permit, is Legal throughout all of Idaho, except: 1. Schools K-12, 2. Jails/Prisons, and 3. Courts.

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    Oh yeah, West Overland in Boise. Sigh, Boise - Meridian - East - West - come on Ed.

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    Anyone else swing by and see if they tried to push bad info still?

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    I'm going to try again tomorrow if I can actually get into Boise.

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    Test this

    I think I'll stop by there tomorrow, I don't have class in the morning.
    Last edited by clarkebar; 10-07-2010 at 02:36 AM.

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    Update:

    I emailed the Idaho State Liquor Division regarding the whole incident yesterday because I was reminded about it again.

    Today I got a reply from the Director of the Idaho State Liquor Division, Jeffrey R Anderson, stating that I was correct in my assertions that we can freely Open Carry in the liquor and that they have informed their staff.

    Good to know you actually get replies from those with power to fix a situation.

    Next time I carry there, I will make sure I have a print out of the email conversation if anyone ends up trying to ever make a stink.
    Last edited by Zhukov; 11-04-2010 at 08:32 PM.

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    In Idaho..., are you SERIOUS..., in Idaho..., of ALL Places!
    Idaho ALLOWS Open Carry in anywhere in The State with the exception of Schools K-12.
    Open Carry in Idaho is even Legal in CourtHouses, Jails, and Prisons!
    Last edited by aadvark; 11-05-2010 at 12:42 PM.

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    Well that's what I stated in the email - I cited the appropriate statutes and explained the situation. He agreed with my assessment and now everything should be golden.

    It could have been a simple mistake or old information from before preemption where they didn't allow it.

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    Quote Originally Posted by aadvark View Post
    In Idaho..., are you SERIOUS..., in Idaho..., of ALL Places!
    Idaho ALLOWS Open Carry in anywhere in The State with the exception of Schools K-12.
    Open Carry in Idaho is even Legal in CourtHouses, Jails, and Prisons!
    OC is not permitted in Federal facilities (SS Office, VA, etc.) or Any jail/prison facilities.

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    Quote Originally Posted by Zhukov View Post
    Well that's what I stated in the email - I cited the appropriate statutes and explained the situation. He agreed with my assessment and now everything should be golden.

    It could have been a simple mistake or old information from before preemption where they didn't allow it.
    Poorly-trained employees, happens. Kudos for correcting the situation. This is a great example of when it is appropriate to move assertively and calmly through the system and effect change or compliance with the law.

    Bravo! Hope to see you at the meeting this coming week!

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    Quote Originally Posted by aadvark View Post
    In Idaho..., are you SERIOUS..., in Idaho..., of ALL Places!
    Idaho ALLOWS Open Carry in anywhere in The State with the exception of Schools K-12.
    Open Carry in Idaho is even Legal in CourtHouses, Jails, and Prisons!
    In addition to what ecocks said, it's also not allowed in the Post Office or on Post Office property (aka the parking lot, walkways etc).

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    Carrying a Firearm on United States Postal Property is a Federal Crime, under 18 U.S.C. 930(a).
    The Federal Statute does exempt, '... [f]or other Lawful Purposes...', however; such Purposes are UnDefined in Case Law by wayside of Federal Statute.

    930. Possession of Firearms..., in Federal Facilities
    (a) Except as provided in Subsection (d), Whoever Knowingly Possesses..., a Firearm..., in a Federal Facility (other than a Federal Court Facility)..., shall be Fined under this Title or Imprisoned not more than [1] Year, or both *** (d) Subsection (a) shall not apply to *** (3) the Lawful Carrying of Firearms..., in a Federal Facility..., [for] other Lawful Purposes *** (g) As used in this Section: *** (1) The term 'Federal Facility' means a Building..., Owned or Leased by the Federal Government, where Federal Employees are Regularly Present *** (h) Notice of the Provisions of Subsections (a)..., shall be Posted Conspicuously at EACH Public Entrance to EACH Federal Facility..., and NO Person shall be Convicted of an [Federal] Offense under Subsection (a)..., [with] Respect to a Federal facility if such Notice is NOT so Posted at such Facility...,

    The Federal Post Office also has this CFR Regulation, an Aministrative Statute, that reads:
    39 CFR 232.1(l) Weapons and Explosives. No Person while on Postal Property may Carry Firearms..., either Openly or Concealed..., except for Official Purposes.

    Whereupon Federal Statute 18 U.S.C. 930(d)(3) and 39 CFR 232.1 Conflict, Federal Statute 18 U.S.C. 930(d)(3) SHOULD Govern, it being THE LAW, and 39 CFR 232.1 being only a Administrative Policy.

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    Quote Originally Posted by NightOwl View Post
    In addition to what ecocks said, it's also not allowed in the Post Office or on Post Office property (aka the parking lot, walkways etc).
    Yeah, this is a travesty which ought to be corrected. Unfortunately, I'm not sure who needs to take action. A few years ago I had a postmaster tell me it was their discretion to allow it and no problems with doing so in the customer lobby and mailbox areas. Now it seems they have toughened up.

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