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?

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

That's what I thought, thank you!:banana:

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.

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!

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

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

NavyLT said:

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

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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.

Zhukov said:

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.

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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

ecocks said:

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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I won't be there on teh 21st, but I will be sure to look up your place when in that area again.

clarkebar said:

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

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Thanks for the naming the place

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.

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.

Spence said:

I was at a gun store yesterday here in Twin

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Which store? I'm a Twin Falls native and still have ties there.

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".

NavyLT said:

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

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I'll second that observation. 'Doesn't seem to matter much where or which state either.

rpyne said:

Which store? I'm a Twin Falls native and still have ties there.

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That was Sportsman's Warehouse-- not just a gun store I guess..

Fallschirmjäger said:

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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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

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.

Found it...

http://legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3303.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.

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

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.

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.

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.