Is a hunting license needed for OC

Oops! Missed the pm.

Which courthouse? My email went to Canyon County.

To everyone: I will create a new thread to update for the March Meeting next week.

The email I sent went to the general idaho supreme court email.

I also contacted the Ada County Sheriff's Dept in regards to the courthouse saying No Guns on their website.

Post office

carracer said:

No license needed. there are a few restricted places, post offices, schools and court houses.

If you are in the Boise area please feel free to attend our monthly meeting 2nd thursday of the month at the Sunrise Rest. in Meridian, Id. the March meeting being on the 10th. Feel free to bring someone with you.

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Here's what I found on the post office, Chris. It's lengthy and contradicts itself alot. It seems to me that carry for lawful purposes is okay in any federal facility accept for a courthouse because the exceptions for a courthouse are only sections (1) and (2) of subsection d, which only includes police officers and military personel. There is also 39 CFR 232.1 which apparently excludes post offices from the authority of this law, but I'm looking into that too.

18 USC Sec. 930 02/01/2010

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 44 - FIREARMS

-HEAD-

Sec. 930. Possession of firearms and dangerous weapons in Federal

facilities

-STATUTE-

(a) Except as provided in subsection (d), whoever knowingly

possesses or causes to be present a firearm or other dangerous

weapon in a Federal facility (other than a Federal court facility),

or attempts to do so, shall be fined under this title or imprisoned

not more than 1 year, or both.

(b) Whoever, with intent that a firearm or other dangerous weapon

be used in the commission of a crime, knowingly possesses or causes

to be present such firearm or dangerous weapon in a Federal

facility, or attempts to do so, shall be fined under this title or

imprisoned not more than 5 years, or both.

(c) A person who kills any person in the course of a violation of

subsection (a) or (b), or in the course of an attack on a Federal

facility involving the use of a firearm or other dangerous weapon,

or attempts or conspires to do such an act, shall be punished as

provided in sections 1111, 1112, 1113, and 1117.

(d) Subsection (a) shall not apply to -

(1) the lawful performance of official duties by an officer,

agent, or employee of the United States, a State, or a political

subdivision thereof, who is authorized by law to engage in or

supervise the prevention, detection, investigation, or

prosecution of any violation of law;

(2) the possession of a firearm or other dangerous weapon by a

Federal official or a member of the Armed Forces if such

possession is authorized by law; or

(3) the lawful carrying of firearms or other dangerous weapons

in a Federal facility incident to hunting or other lawful

purposes.

(e)(1) Except as provided in paragraph (2), whoever knowingly

possesses or causes to be present a firearm or other dangerous

weapon in a Federal court facility, or attempts to do so, shall be

fined under this title, imprisoned not more than 2 years, or both.

(2) Paragraph (1) shall not apply to conduct which is described

in paragraph (1) or (2) of subsection (d).

(f) Nothing in this section limits the power of a court of the

United States to punish for contempt or to promulgate rules or

orders regulating, restricting, or prohibiting the possession of

weapons within any building housing such court or any of its

proceedings, or upon any grounds appurtenant to such building.

(g) As used in this section:

(1) The term "Federal facility" means a building or part

thereof owned or leased by the Federal Government, where Federal

employees are regularly present for the purpose of performing

their official duties.

(2) The term "dangerous weapon" means a weapon, device,

instrument, material, or substance, animate or inanimate, that is

used for, or is readily capable of, causing death or serious

bodily injury, except that such term does not include a pocket

knife with a blade of less than 2 1/2 inches in length.

(3) The term "Federal court facility" means the courtroom,

judges' chambers, witness rooms, jury deliberation rooms,

attorney conference rooms, prisoner holding cells, offices of the

court clerks, the United States attorney, and the United States

marshal, probation and parole offices, and adjoining corridors of

any court of the United States.

(h) Notice of the provisions of subsections (a) and (b) shall be

posted conspicuously at each public entrance to each Federal

facility, and notice of subsection (e) shall be posted

conspicuously at each public entrance to each Federal court

facility, and no person shall be convicted of an offense under

subsection (a) or (e) with respect to a Federal facility if such

notice is not so posted at such facility, unless such person had

actual notice of subsection (a) or (e), as the case may be.

What about Kalifornia residents?

DCR said:

Carracer has it right.

It used to be the law, under Idaho Code Section 36-401, but thankfully that bs provision was deleted. The old code section read:

It is a misdemeanor for any person to hunt, trap, or fish for or take any wild animal, bird or fish of this state or have in his possession any uncased firearm while in the fields or forests of the state, without first having procured a license....

Now section 36-401 has a provision that states:

(g) Nothing contained herein shall be construed to prohibit citizens of the United States who are residents of the state of Idaho from carrying arms for the protection of life and property.


Sadly, the former Attorney General for Idaho, Jim Jones, once issued an opinion that old the provision was constitutional and was okay because it was only intended to punish people who hunted without licenses. Here's the link to the opinion: http://www.ag.idaho.gov/publications/op-guide-cert/1986/OP86-05.pdf

Fish and Game officers, however, pounced on the language and hassled, cited and arrested folks who were hiking with a gun, or target shooting. As I recall, there was once another provision that stated that possessing an uncased firearm in the field was prima facie evidence that the person was hunting; I believe that one was also deleted by legislation, because I can't find it anymore.

This may be off-topic, but there's still a provision, which I believe would be tossed out in court if pressed, that says fish and game officers have the authority and duty to:

"Search, with or without a warrant , the tents, wagons, autos, boats, aircraft (private or chartered), campers, camp trailers, or other vehicles, camps, baggage or packs of any person in the state, when they shall have probable cause to believe such person has in his possession any unlawfully taken wildlife or any equipment or substances used to take such wildlife."

It's Idaho Code section 36-1303. I have a problem with the no warrant business - don't you?


So, in summary, carracer has it right - there is no requirement to get a hunting license if you're traipsing around the fields and forests (or deserts, for that matter) and are carrying a gun. You may get contacted by a fish & game officer, who'll ask what/where/if you're hunting, and if you have a license, and who may accuse you of hunting and threaten all manner of arrest and citation, but as long as you deny hunting and say you are carrying for protection or target shooting, you don't have to worry about being convicted of hunting without a license.

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Hey DCR,

Your post stated:
"(g) Nothing contained herein shall be construed to prohibit citizens of the United States who are residents of the state of Idaho from carrying arms for the protection of life and property."

I highlighted the clause in red that disturbs me.

Am I restricted from OCing in Idaho when I visit this July because I am a Kalifornia resident?

thanks,

markm

MarkBofRAdvocate said:

Hey DCR,


Am I restricted from OCing in Idaho when I visit this July because I am a Kalifornia resident?

thanks,

markm

Click to expand...

Negative. You are good to OC here, assuming you are not legally prohibited from owning/possessing a firearm (a.k.a. -- a felon).

Wish you safe travels on the visit to Idaho.