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Thread: Concealed Permit and Open Carry

  1. #1
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    Concealed Permit and Open Carry

    I was at a gun store yesterday here in Twin and was talking to a sales guy about holsters and what not. He said he never open carries because he has a concealed permit and said that in most states, you cannot open carry if you have a conceal license.

    He knew a lot about guns, but this seems a bit out there to me. I have been a lot of reading and even updating a friend of mine that is a sheriff, that it is ok for me drop my kids off at school when I have a gun. He still thinks it is against Idaho law to get within the 1000 foot fish in a barrel zone.

    I know this isn't a forum or lawyers, but do any of you have input on this?

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    Incorrect information. Nothing in 18-3302 that states you must conceal.

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    That's what I thought, thank you!

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    I've encountered more anti-open carry opinions by Gun Shop Owners and Instructors. The LEO's I've dealt with have been supportive. Go figure.
    Last edited by Zhukov; 03-13-2011 at 05:38 PM.

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    The cops I have met in Meridian have all been supportive of the 2A individually.

    So far, I have seen four guys OC'ing in my restaurant over the last week. One lady CWP carrier claimed her discount as well. One guy I noticed after he sat down and was halfway through his meal. He indicated he didn't come there to eat for the discount but because he wanted to try the food and had heard that it was 2A-friendly there.

    Looking forward to seeing a good trurnout at the meeting on the 21st!

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    Regular Member clarkebar's Avatar
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    Maybe The Idaho Citizen's Defense League should pay for advertising space at Wild Bill's.

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    ecocks - another PM your way if you get a chance.

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    Quote Originally Posted by NavyLT View Post
    It seems as if the three classes of person most ignorant of firearms possession and carry laws are:

    Gun shop owners/workers
    CCW instructors
    LEO
    2 of 3 for me there. I took my class from Utah Legal Heat and so far everything pretty much lines up to what they said.

    Quote Originally Posted by Zhukov View Post
    I've encountered more anti-open carry opinions by Gun Shop Owners and Instructors. The LEO's I've dealt with have been supportive. Go figure.
    All so far for me prefer concealed carry, my boss prefers it as well. But, my girls are teens now, seems a good time to OC
    Quote Originally Posted by ecocks View Post
    The cops I have met in Meridian have all been supportive of the 2A individually.

    So far, I have seen four guys OC'ing in my restaurant over the last week. One lady CWP carrier claimed her discount as well. One guy I noticed after he sat down and was halfway through his meal. He indicated he didn't come there to eat for the discount but because he wanted to try the food and had heard that it was 2A-friendly there.

    Looking forward to seeing a good trurnout at the meeting on the 21st!
    I won't be there on teh 21st, but I will be sure to look up your place when in that area again.
    Quote Originally Posted by clarkebar View Post
    Maybe The Idaho Citizen's Defense League should pay for advertising space at Wild Bill's.
    Thanks for the naming the place

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    I've found open carry is an extremely effective visual deterrent. I've seen multiple people who were going to get out of line calm themselves upon seeeing that I'm armed.

    It keeps people polite for the most part.

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    Maybe we should all support Wild Bills ( Meridian) ( good food too) . I wish stores would display someting that says "Legal firearm posession is encouraged" I would support them . Wild Bill you will see me again.

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    Quote Originally Posted by Spence View Post
    I was at a gun store yesterday here in Twin
    Which store? I'm a Twin Falls native and still have ties there.

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    Regular Member Fallschirmjäger's Avatar
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    Here's what you do in that sort of situation:

    Ask your esteemed friend if he has a driver's license; and then ask if he's prohibited from walking, biking, roller-blading, tobogganning, or crawling because of it.

    The license is a license to do something, it's not a prohibition. That's kinda why it's Called a "license".

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    Regular Member Sonora Rebel's Avatar
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    Quote Originally Posted by NavyLT View Post
    It seems as if the three classes of person most ignorant of firearms possession and carry laws are:

    Gun shop owners/workers
    CCW instructors
    LEO
    I'll second that observation. 'Doesn't seem to matter much where or which state either.

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    Quote Originally Posted by rpyne View Post
    Which store? I'm a Twin Falls native and still have ties there.
    That was Sportsman's Warehouse-- not just a gun store I guess..
    Quote Originally Posted by Fallschirmjäger View Post
    Here's what you do in that sort of situation:

    Ask your esteemed friend if he has a driver's license; and then ask if he's prohibited from walking, biking, roller-blading, tobogganning, or crawling because of it.

    The license is a license to do something, it's not a prohibition. That's kinda why it's Called a "license".
    Haha, my thoughts exactly, but thought I'd ask here just to be sure. It wouldn't be the first weird law I didn't know about

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    The way i generally understand this is that if you have a license and choose to carry it concealed, it is illegal (or at least highly frowned upon) to flash it, show it off, use to intimidate, or draw with out reason.

    As far as i can tell however it is not illegal to carry either way if you have a CCP.

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    Found it...

    http://legislature.idaho.gov/idstat/...ECT18-3303.htm

    TITLE 18
    CRIMES AND PUNISHMENTS
    CHAPTER 33
    FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
    18-3303. EXHIBITION OR USE OF DEADLY WEAPON. Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

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    Luckily Idaho is a full open carry state and doesn't have such asinine carry laws.

    Hell, I like knowing that if I print or it somehow accidentally my firearm got exposed, that I won't get in any damn trouble at all. Then again, since I open carry 95% of the time without any issues, it isn't too much of a worry

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    Spence - direct your sheriff friend to the following Idaho Code:

    Idaho Code Section 18-3302D(4)(e) - relevant portions are:

    (4) The provisions of this section shall not apply to the following persons:
    (a) A peace officer;
    (b) A person who lawfully possesses a firearm or deadly or dangerous weapon as an appropriate part of a program, an event, activity or other circumstance approved by the board of trustees or governing board;
    (c) A person or persons complying with the provisions of section 19-202A, Idaho Code;
    (d) Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, nonthreatening manner;
    (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;


    It is quite legal to have a firearm with you in the car while dropping off or delivering kids or employees to school property.

    There is still the archaic and unconstitutional (via case law) federal prohibition against it, renewed after the constitutional defeat, but local law enforcement does not have the authority to charge or enforce federal law. Accordingly, the only folks who could cite/charge/arrest you for having a firearm present in your car while picking up or dropping off someone at school are the feds, and Idaho's federal contingency doesn't have the manpower to try to enforce/charge for it, nor are the federal prosecutors I work with willing to prosecute for it.

    Be safe, and keep your loved ones safe as well.

  19. #19
    Regular Member ISRAEL's Avatar
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    I went to renew my driver licence today and I O.C. at the DMV. I was a little nerves, but I guess only few people notice it.

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    Kudos to you, sir. We are on the path to returning to the normalization of our rights. it is just one small step, but we must crawl before we can walk.

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    Quote Originally Posted by Spence View Post
    I was at a gun store yesterday here in Twin and was talking to a sales guy about holsters and what not. He said he never open carries because he has a concealed permit and said that in most states, you cannot open carry if you have a conceal license.

    He knew a lot about guns, but this seems a bit out there to me. I have been a lot of reading and even updating a friend of mine that is a sheriff, that it is ok for me drop my kids off at school when I have a gun. He still thinks it is against Idaho law to get within the 1000 foot fish in a barrel zone.

    I know this isn't a forum or lawyers, but do any of you have input on this?
    Looks like everyone has covered the law, code and cites...

    If you have a driver's license does that mean you can no longer walk or ride a bike buy you have to drive everywhere.....
    Live Free or Die!

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    The biggest issue is that in some states they do have funky restrictions like the question presented by the OP.

    Luckily more and more states are coming more in line with states like Idaho.

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    Need more supportive business owners

    Quote Originally Posted by ecocks View Post
    The cops I have met in Meridian have all been supportive of the 2A individually.

    So far, I have seen four guys OC'ing in my restaurant over the last week. One lady CWP carrier claimed her discount as well. One guy I noticed after he sat down and was halfway through his meal. He indicated he didn't come there to eat for the discount but because he wanted to try the food and had heard that it was 2A-friendly there.

    Looking forward to seeing a good trurnout at the meeting on the 21st!
    @ ecocks - I'm new to the forum, and new to Idaho. I'll be taking a trip to check out Idaho in a few weeks with the hopes of moving there eventually. It's really great to see business owners supporting our rights! We would love to have a meal in your restaurant to show our support while were in the area. Just need to know where to go...

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    Quote Originally Posted by Cali's gun laws suck View Post
    @ ecocks - I'm new to the forum, and new to Idaho. I'll be taking a trip to check out Idaho in a few weeks with the hopes of moving there eventually. It's really great to see business owners supporting our rights! We would love to have a meal in your restaurant to show our support while were in the area. Just need to know where to go...
    Wild Bill's Barbeque
    1551 West Cherry Lane Suite 102
    Meridian, ID 83642

  25. #25
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    Thanks Z!

    Look forward to seeing any and all of you whenever you're in the mood for Q.

    We get a lot of cops and both OC and CC 2A supporters through here as word has spread about our policy of support and the discount.

    Ed

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