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Thread: Just Checking

  1. #1
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    Just Checking

    So just to be sure before I go out on the town with my handgun, it is legal in the state of Idaho (kootenai county) for me to OC correct?

    If so, when I open carry does the gun have to be empty? or can I have a clip in it?

    Thanks for any answers.

  2. #2
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    Idaho is an Open Carry state. You can carry open and loaded without a permit "nearly" anywhere. Schools, courthouses and federal buildings including the post office are off limits. You are subject to an owner or employee telling you to leave a private establishment. In a nut shell that's what it is. Look up Idaho statures 18-3302 for information on concealed carry and some firearms info in general. Use the search options within this forum.

    You are welcome to our monthly meetings in Meridian Idaho. 2nd Thursday of each month. We usually post a notice within a couple of days with more specific information.

    Pm to me for more info or to meet up any time!

  3. #3
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    Correct me if I'm wrong, but If I do recall correctly the courthouse thing only applies to concealed carry. While it isn't the best idea to carry at the courthouse, the law only states you cannot do so when concealed.

  4. #4
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    Thanks, this is very helpful. Also if I understand correctly I may OC in my car as well? If this is the case how picky would an officer be say I get pulled over for a traffic violation? What if my shirt happens to be covering part of the gun, would he or could he rather, consider that to be concealed>? I only ask because I would like to cover all my bases before venturing out with handgun.

  5. #5
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    You should not allow any part of the gun to be concealed by your clothing.

    While it states it needs to be in "plain sight" the court case was referring to a weapon on the seat, if I recall. So long as your clothing, and I think a seat belt not covering it would also be a good idea, isn't covering any part of the gun, you should be fine.

    I open carried to the Sheriff's Department Concealed Carry class and had zero issues. I have open carried since July 2010 in Idaho and haven't had a single issue.

    I wear a holster where my sweatshirt doesn't even accidentally cover it. I also am able to tuck the seat belt under it.

    Just make sure that if an officer comes to the vehicle, they would be able to see it in plain view.

    Idaho is pretty awesome in the regard of having officers that don't freak out because there is a firearm, as far as I've seen.

  6. #6
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    oc ccw

    Id cover my bases and get a CWL as back up if you do have any trouble with police. one clothing or seat belt accident and youre in jail. worth every penny and you have a stealth option when you need it.

  7. #7
    Regular Member oldbanger's Avatar
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    Welcome jedmonds

    (9) While in any motor vehicle, inside the limits or confines of any city, a person shall not carry a concealed weapon on or about his person without a license to carry a concealed weapon. This shall not apply to any firearm located in plain view whether it is loaded or unloaded. A firearm may be concealed legally in a motor vehicle so long as the weapon is disassembled or unloaded.

    http://legislature.idaho.gov/idstat/...ECT18-3302.htm

    you will see that you can CC outside city limits without a CWL.

    When inside city limits "in plain view" I read that as out of a holster on the seat if you do not have a CWL.
    Last edited by oldbanger; 02-20-2011 at 06:30 PM.

  8. #8
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    While you may read it that way, from my talks with Deputies they've stated that so long as it's in a holster and they can see it normally (ie in plain view) then there isn't any issues. If you have it covered, though, that's another story.

    A lot of people like to call out the "Sky is falling" and play it uber safe. That's your choice.

  9. #9
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    Well I plan on getting my CWL, I think this is like having extra backup. Wouldn't want to get pulled over and have the wrong officer see my "accidently" half covered up firearm and get a huge ticket, lose my gun, or go to jail....whatever the punishment is lol.

  10. #10
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    Nothing wrong with another CWL holder. It reminds the government that there is a constituency. Until we get better organized to present ourselves on 2A in Idaho, it's the basic way to be sure they can count the number of votes we represent.

  11. #11
    Regular Member clarkebar's Avatar
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    Here Jedmonds

    Here Jedmonds, this should clear things up for ya.

    Article 1, Section 11 Idaho State Constitution (Right to Bear Arms):
    http://www.legislature.idaho.gov/ids...ArtISect11.htm

    And Title 18, Chapter 33 (18-3302J) Idaho Code (the Current Preemption law):
    http://legislature.idaho.gov/idstat/...CT18-3302J.htm

    These are the two things you should memorize and check for changes frequently. They are your state rights. I've found that some of the laws set forth by the Preemption law are unconstitutional on a state level. You can find my post on this here:
    http://forum.opencarry.org/forums/sh...ges-to-the-law

    Keeping up on that thread and calling your legislator, who's number you can find here: http://legislature.idaho.gov/house/membership.cfm, about anything you disagree with in the proposed law is probably a good idea.

    Also, feel free to look up the Idaho Citizen's Defense League on facebook.

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