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Thread: Carrying a concealed weapon in Idaho

  1. #1
    Regular Member oldbanger's Avatar
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    Carrying a concealed weapon in Idaho

    "You can carry weapons without a conceal, you just have to have it open, unloaded, and it has to be seen. said Mike Lusk, an employee at Steel Gun and Pawn Shop in Idaho Falls

    "We discourage people from taking those into the restricted places. Bars are another place you are not allowed to have a concealed weapons permit, by law," said said Sgt. Jeff Edwards of the Bonneville Sheriff's Office

    http://www.kidk.com/news/local/106830813.html?

    What is wrong with these people? a gun shop employee and a Sheriff's Deputy.
    Last edited by oldbanger; 11-10-2010 at 04:01 PM.

  2. #2
    Regular Member jimd_21's Avatar
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    Even in Idaho their are a lot of uneducated people.....sad part is more and more are moving in every day and bringing with them their ideals and beliefs and try to change Idaho.

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    Yes it is a shame!

    Help fight the ignorance and protect your 2A rights.

    Please feel free to join us at the Sunrise Cafe Thursday evening for our meeting at 7:00PM.

    Ed

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    I hope people understand that the worst place to get firearms laws is from a gun shop.. the guys that I have ran into at the idaho gunshops dont know the law or are anti OC because they make make $ 40.00 per person in each CCW class..

    you can OC a loaded firearm in your vehicle so long it is descirnable by ordinary observation.... you can also have a unloaded shotgun or rifle concealed in your vehicle without a CCW.. (no ammo in magazine,chamber,tube) etc..

    its illegal to be intoxicated when carrying a weapon with a CCW.. you can go into a bar carrying as long as the bar doesnt restrict the carrying of a firearm inside the premisis..

    go to idaho.gov to confirm...... why dont we call the gun shop and hold them accountable for misinformation...
    Last edited by Hiredgun30; 11-10-2010 at 10:31 PM.

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    Regular Member clarkebar's Avatar
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    Holding them accountable

    I think we should hold them accountable. We could even put on a demonstration, perhaps attract some attention to the issue. It's this kind of advice and council from "reputable" sources that makes our movement get the negative connotation from alot of people (besides those already opposed to freedom). So, what say ye? I'll bring this up at the meeting today.

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    Yes, I wonder sometimes about the source of their anti-OC-stance as well. Especially since so many of them OC behind the counter. I have noticed that Robert Krone (RK Gunsmithing) has no axe to grind on this issue as he OC's all day. Sportsman's Warehouse and Cabela's are also friendly. I stay away from the places that are anti-OC in their verbiage and actions such as Armageddon Armory. Any gun store that doesn't support OC, doesn't support the 2A IMO (In My Opinion) so doesn't deserve my business.

    I really doubt they make enough money on their CC classes to serve as a reason but maybe I'm just underestimating the take. Doesn't seem like that big a money-maker to me.

    While it's a valid point that OC concedes a tactical advantage, that is balanced by the deterrence effect of OC (especially multiple OC'ers) and really a matter of personal choice. To each their own.

    There are friendly businesses in town and I hope that those who believe in this country and our Constitution will be supporting them.
    Last edited by ecocks; 11-11-2010 at 06:58 PM.

  7. #7
    Regular Member clarkebar's Avatar
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    Concealed carry

    Well, I guess I'll say this again since I brought it up at the last IDaho Citizens Defense League meeting: I prefer to carry concealed for the simple fact that it keeps my foes guessing. They never know where it is or if I have it or not (which I do, often more than one) and it keeps me from receiving undue attention from unknowing folks when I don't want it. HOWEVER, carrying, in whatever manner you choose to, should not be regulated AT ALL. The two exceptions to this in my mind are minors and felons. The rest of us tend to abide by the law and enforce it upon our neighbor through silent observation and targeted action.

    SO, having said that, open carry, in my mind, should be encouraged because of the presence it creates. Most people simply CAN'T ignore a gun when they see it. This brings an advantage to our position politically which is something I say is our responsibility. If the people of Iraq and Afghanistan had never known that they could live like they do now, they would never know freedom. It is our [I]responsibility[I] as citizens of The United States of America and as residents of Idaho to educate others Americans, who would otherwise go unknowing, that they have the right to show the overpowering government that we will not allow them to regulate away, or take by force, the freedom that we gave to ourselves which we believe to be an inalienable right [I]because[I] we will fight for it and we have (and plan to keep) the means to do so.

  8. #8
    Regular Member bowb's Avatar
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    No License Required

    There are also circumstances in Idaho that a license is not required to conceal carry. Idaho Statutes 18-3302

    (12) The requirement to secure a license to carry a concealed weapon under this section shall not apply to the following persons:
    (d) Any person outside the limits of or confines of any city while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity;

    Ain't Idaho great!

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    Hmmmm, of course there's also your home and what about your business? In several states your business is counted as your home and therefore allows you to carry concealed without a permit?

  10. #10
    Regular Member clarkebar's Avatar
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    Your Business

    I don't know about that... If it was YOUR business, then absolutely, but your place of business? I'm not sure. I do think that there shouldn't be a license required for concealed carry at all. I have said this a few times. No license= 18year old adults able to conceal and defend themselves. Hey, they can die for their country and vote but we can't allow them to drink or conceal weapons because that would mean we think they're RESPONSIBLE! What a concept, perhaps we should just raise the voting age to correct this problem...

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    My business is what I meant, my bad for not being more exact. However, that does raise the issue of what about employees of a business where the owner has granted permission or even requested employees to wear a gun?

    It's moot for me because I have my permit as do most family members.

    I wonder if any employers have ever required a permit as a condition of hire? I was thinking about this the other day. Even considering reimbursing the permit fee.

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    Idaho allows Open Loaded Carry anywhere in The State except Schools, per Idaho Code 18-3302D.
    Idaho allows Concealed Carry anywhere in Idaho, off of the Authority of a Concealed Carry Permit, except CourtHouses, Juvenile Detention Facilities, Jails, and Public or Private Schools, per Idaho Code 18-3302C.

    Idaho Firearm Laws are Preempted under Idaho Code 18-3302J.
    Idaho Firearms, which are made in and stay in Idaho, and are Labeled as such, are exempt from Federal Regulations under IntraState Commerce provisions under Idaho Code 18-3315A.

    The ONLY difference under Idaho Law between Loaded or UnLoaded Carry is when the Possession of a Firearm is Relevant to a Minor, under Idaho Code 18-3302G. Such provisions are InApplicable to Adults.

    Basically, so as long as you are not a Felon, as defined under Idaho Code 18-3316, you CAN Openly Carry a Loaded Firearm anywhere in Idaho except Schools, K-12, under Idaho Code 18-3302D.
    Open Carry of a Loaded Firearm, under the Conditions Enumerated above, in CourtHouses, Jails, Prisons, and Detention Centers seems Legal, BUT is probably NOT Advisable.

    Idaho Code 18-3302(12)(d) ALLOWS Concealed Carry, without any Permit, outside the Boundaries of a City for Lawful: Hunting, Fishing, Trapping, etc.., as per the Thread Posted by bowb.
    Last edited by aadvark; 11-15-2010 at 01:40 PM.

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    Regular Member clarkebar's Avatar
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    Good Idea?

    When has something not being a "good idea" stopped anyone on here from doing it? I think it's time to talk to a legislator and get some support to show that open carry is legal in the courthouse.

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    Double-posted
    Last edited by ecocks; 11-17-2010 at 12:10 AM.

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    Think of a way to get this across.

    A legislator's involvement for instance doesn't strike me as any big deal unless you are going to find one who will OC alongside you. Equally a LEO, judge, mayor, congressman, prominent businessman might be of assistance as well. Although, certainly none of those people are any more important than any other citizen under the law.

    The law is clear. It's the public awareness and education that is the goal.

    You might look for the Youtube clip of the group at the zoo a couple of years ago to get an idea of how another one of these activities played out.

    However you put it together though this is something we should be ready to move towards in our efforts. More power to you!

  16. #16
    Regular Member cdub's Avatar
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    Quote Originally Posted by clarkebar View Post
    When has something not being a "good idea" stopped anyone on here from doing it? I think it's time to talk to a legislator and get some support to show that open carry is legal in the courthouse.
    i would do it

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    Quote Originally Posted by aadvark View Post
    Idaho allows Open Loaded Carry anywhere in The State except Schools, per Idaho Code 18-3302D.
    Idaho allows Concealed Carry anywhere in Idaho, off of the Authority of a Concealed Carry Permit, except CourtHouses, Juvenile Detention Facilities, Jails, and Public or Private Schools, per Idaho Code 18-3302C.

    Idaho Firearm Laws are Preempted under Idaho Code 18-3302J.
    Idaho Firearms, which are made in and stay in Idaho, and are Labeled as such, are exempt from Federal Regulations under IntraState Commerce provisions under Idaho Code 18-3315A.

    The ONLY difference under Idaho Law between Loaded or UnLoaded Carry is when the Possession of a Firearm is Relevant to a Minor, under Idaho Code 18-3302G. Such provisions are InApplicable to Adults.

    Basically, so as long as you are not a Felon, as defined under Idaho Code 18-3316, you CAN Openly Carry a Loaded Firearm anywhere in Idaho except Schools, K-12, under Idaho Code 18-3302D.
    Open Carry of a Loaded Firearm, under the Conditions Enumerated above, in CourtHouses, Jails, Prisons, and Detention Centers seems Legal, BUT is probably NOT Advisable.

    Idaho Code 18-3302(12)(d) ALLOWS Concealed Carry, without any Permit, outside the Boundaries of a City for Lawful: Hunting, Fishing, Trapping, etc.., as per the Thread Posted by bowb.
    No. You can OC at schools too, if you're dropping off or picking up.

    18-3302D.Possessing weapons or firearms on school property.
    (4) The provisions of this section shall not apply to the following persons:
    (e) A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity
    See, no need to disarm for the trip to drop off, or pick up, your kids at school. Good thinking, eh? At least as far as state law goes.

  18. #18
    Regular Member bowb's Avatar
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    Quote Originally Posted by clarkebar View Post
    When has something not being a "good idea" stopped anyone on here from doing it? I think it's time to talk to a legislator and get some support to show that open carry is legal in the courthouse.
    As far as I understand the separation of powers comes into play. Judges have the authority to issues orders on how business is to be conducted in the courthouse and the legislative branch pretty much lets them. So if a judge has issued an order that there be no weapons in a courthouse and if you disobey this order then you may be held in contempt of court.

    If someone tried to fight this I'm pretty sure it would end bad. It would be like trying to get the stink out of crap.
    Last edited by bowb; 12-05-2010 at 01:01 AM.

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    However, preserving a basic right is the intent of the preemption law.

    I see your point though. Judges control speech, outbursts, demonstrations, etc. during proceedings despite providing safeguards for Freedom of Speech, Right to Counsel, etc.

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