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Thread: Police disarming citizens for "Officer Safety"

  1. #1
    Regular Member clarkebar's Avatar
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    Police disarming citizens for "Officer Safety"

    I really gotta know, does this section of the Idaho Constitution mean that police are not allowed to take your firearm unless they are arresting you for committing a felony?

    Article 1, SECTION 11. RIGHT TO KEEP AND BEAR ARMS. The people have the
    right to keep and bear arms, which right shall not be abridged; but this provision
    shall not prevent the passage of laws to govern the carrying of weapons concealed
    on the person nor prevent passage of legislation providing minimum sentences for
    crimes committed while in possession of a firearm, nor prevent the passage of
    legislation providing penalties for the possession of firearms by a convicted felon,
    nor prevent the passage of any legislation punishing the use of a firearm. No law
    shall impose licensure, registration or special taxation on the ownership or
    possession of firearms or ammunition. Nor shall any law permit the confiscation of
    firearms, except those actually used in the commission of a felony.


    I wouldn't feel comfortable surrenduring my firearm to an officer for any reason. I think this constitutional section makes it pretty clear.

  2. #2
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    Good find! Maybe John can test that for us!

  3. #3
    Regular Member oldbanger's Avatar
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    City of Caldwell Municipal Code

    This code was last updated by 2842 passed August 16, 2010.

    08-01-25: AIR GUNS, FIREARMS:

    (2) Concealed Weapons: It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon.

    (3) Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.

    (5) Police To Confiscate: Concealed weapons, when found, or firearms unlawfully discharged within the city limits shall be confiscated by the police department. (1962 Code, Sections 9-5-1 _ 9-5-5)

    http://www.sterlingcodifiers.com/cod...hp?book_id=377
    Last edited by oldbanger; 01-06-2011 at 05:19 PM.

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    I believe that code was enacted before all of the pre-emption laws went into effect and they are now fully null and void.

  5. #5
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    constitution of idaho was in effect before their little code was..... preemtion was just a reminder for others to pull heads out...

  6. #6
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    Quote Originally Posted by carracer View Post
    Good find! Maybe John can test that for us!
    You forget, live in caldwell, and been disharmed once already. They will do what they want. Sometimes you have to let them and then take the fight to them legally.

  7. #7
    Regular Member clarkebar's Avatar
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    I agree with you there, John. Police are often "just doing my job" and forget what thier real job is. At times like that I think it's best to tell them you do not agree with what they are doing but you will not resist. Of course I wouldn't have a problem letting them know that it's MY job to file a formal complaint against them for thier behavior and ask to speak to thier supervisor...

  8. #8
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by oldbanger View Post
    City of Caldwell Municipal Code

    This code was last updated by 2842 passed August 16, 2010.

    08-01-25: AIR GUNS, FIREARMS:

    (2) Concealed Weapons: It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon.

    (3) Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.

    (5) Police To Confiscate: Concealed weapons, when found, or firearms unlawfully discharged within the city limits shall be confiscated by the police department. (1962 Code, Sections 9-5-1 _ 9-5-5)

    http://www.sterlingcodifiers.com/cod...hp?book_id=377
    Null and void. The state has full preemption in ID. Probably lots of preempted local muni codes around that have no weight of law but the township is too lazy to actually repeal.

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