hitbackfirst
Regular Member
Open Carry: Refers to the legal right to carry a holstered handgun or a long gun in a manner which is visible to those around the carrier. (Generally refers to the right to do so without a license.)
Concealed Carry: Refers to the legal right to carry a handgun in a manner which conceals its presence from those around the carrier. (Generally refers to the right to do so only with a license.)
Constitutional Carry: Refers to the legal right to carry a handgun in a manner which conceals its presence from those around the carrier without a requirement to obtain a license. Although this term is often used for cases in which a law allows unlicensed concealed carry, it is used properly only when referring to a Constitutionally-protected right to carry a concealed weapon without a license.
Campus Carry: Refers to the legal right to carry a holstered handgun on the campuses of public colleges or universities. This concept may apply to open carry, concealed carry, Constitutional carry, or some combination of the three.
Within the State of Idaho, Open Carry is protected by the State Constitution. Article 1, Section 11 reads as follows:
"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."
As you can see, the legislature is only permitted to regulate the carrying of concealed weapons. Therefore, they may not regulate the Open Carry of weapons. In order to enact true Constitutional Carry in Idaho, a Constitutional Amendment would be required. This amendment would strike "passage of laws to govern the carrying of weapons concealed on the person nor prevent" from the State Constitution. The result would be that the Idaho State Constitution. Article 1, Section 11 would read as follows:
"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 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."
It is unlikely that such a Constitutional Amendment will be passed. What is more likely is that the legislature would pass a law which would eliminate the current requirement to obtain a license in order to carry a concealed weapon while still retaining their Constitutional power to regulate the carry of concealed weapons.
Currently Concealed Carry in the State of Idaho is regulated under Idaho Code Section 18-3302. The full statute can be found at http://legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302.htm. The short version of it is that in order to carry a concealed weapon you must obtain a license from the County Sheriff, you must be 21 years old, you must not be disqualified by a criminal record, you must "demonstrate familiarity with a firearm" and you must pay for the license. This law is actually quite permissive compared to many around the Nation.
Some Notes about Concealed Carry in the State of Idaho:
Idaho does not have a "duty to inform" law. This means that you are not legally required to inform a Police Officer who makes contact with you that you are carrying a concealed weapon. (It is generally a good idea to do so, however.)
A Concealed Weapons Permit is not just for firearms. If you have a Concealed Weapons Permit in Idaho, you may also carry a concealed dirk, dirk knife, bowie knife, or dagger.
Idaho does not recognize "no guns" signs as having force of law. Private businesses may ask you to leave if you ignore their "no guns" signs, and if you refuse, you could be arrested for trespassing. Unlike Texas or several other States, however, ignoring those signs is not itself a crime.
Idaho does not prohibit carry in parks, churches, or at political gatherings. These prohibitions are common in many other States.
Campus Carry in Idaho:
Idaho also has Full State Preemption of firearm laws except for two exceptions which it grants in Idaho Code Section 18-3302J. The full statute can be found at http://legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302J.htm. Those two exceptions are the department of fish and game and colleges and universities. The relevant sections of code are as follows:
"This section shall not be construed to affect: The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code." and "The authority of the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, to regulate in matters relating to firearms."
Here is the problem with that second section of code. In it the State purports to grant colleges and universities the right "to regulate in matters relating to firearms," however, the State itself does not have the right to "to regulate in matters relating to firearms." It only has the right to "govern the carrying of weapons concealed on the person." Do you see the discrepancy here? The colleges and universities in the State of Idaho currently have a total ban on the carry of firearms on their campuses, and they claim that the right to have this ban is given to them by in Idaho Code Section 18-3302J.
It seems abundantly clear to me, however, that Open Carry is legal on Idaho college campuses – just as it is in all other parts of the State – per the State Constitution. The way that the colleges enforce their gun ban, however, is not through the use of legal action, but by firing employees and expelling students who violate the total ban on the carry of firearms. It will likely take a Court decision – after some brave soul dares to defy the current ban on Open Carry – before the colleges and universities will be forced to recognize the existing right to Open Carry on their campuses.
The ideal situation, of course, would be a Constitutional amendment abolishing the States' authority to "govern the carrying of weapons concealed on the person" which would also gut the exceptions in Idaho Code Section 18-3302J, as the State can not delegate authority that it does not possess. Short of this unlikely miracle, however, a pair of laws allowing the unlicensed carry of concealed weapons and allowing Campus Carry would be most welcomed by the gun owners and liberty-lovers in the State of Idaho.
Concealed Carry: Refers to the legal right to carry a handgun in a manner which conceals its presence from those around the carrier. (Generally refers to the right to do so only with a license.)
Constitutional Carry: Refers to the legal right to carry a handgun in a manner which conceals its presence from those around the carrier without a requirement to obtain a license. Although this term is often used for cases in which a law allows unlicensed concealed carry, it is used properly only when referring to a Constitutionally-protected right to carry a concealed weapon without a license.
Campus Carry: Refers to the legal right to carry a holstered handgun on the campuses of public colleges or universities. This concept may apply to open carry, concealed carry, Constitutional carry, or some combination of the three.
Within the State of Idaho, Open Carry is protected by the State Constitution. Article 1, Section 11 reads as follows:
"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."
As you can see, the legislature is only permitted to regulate the carrying of concealed weapons. Therefore, they may not regulate the Open Carry of weapons. In order to enact true Constitutional Carry in Idaho, a Constitutional Amendment would be required. This amendment would strike "passage of laws to govern the carrying of weapons concealed on the person nor prevent" from the State Constitution. The result would be that the Idaho State Constitution. Article 1, Section 11 would read as follows:
"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 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."
It is unlikely that such a Constitutional Amendment will be passed. What is more likely is that the legislature would pass a law which would eliminate the current requirement to obtain a license in order to carry a concealed weapon while still retaining their Constitutional power to regulate the carry of concealed weapons.
Currently Concealed Carry in the State of Idaho is regulated under Idaho Code Section 18-3302. The full statute can be found at http://legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302.htm. The short version of it is that in order to carry a concealed weapon you must obtain a license from the County Sheriff, you must be 21 years old, you must not be disqualified by a criminal record, you must "demonstrate familiarity with a firearm" and you must pay for the license. This law is actually quite permissive compared to many around the Nation.
Some Notes about Concealed Carry in the State of Idaho:
Idaho does not have a "duty to inform" law. This means that you are not legally required to inform a Police Officer who makes contact with you that you are carrying a concealed weapon. (It is generally a good idea to do so, however.)
A Concealed Weapons Permit is not just for firearms. If you have a Concealed Weapons Permit in Idaho, you may also carry a concealed dirk, dirk knife, bowie knife, or dagger.
Idaho does not recognize "no guns" signs as having force of law. Private businesses may ask you to leave if you ignore their "no guns" signs, and if you refuse, you could be arrested for trespassing. Unlike Texas or several other States, however, ignoring those signs is not itself a crime.
Idaho does not prohibit carry in parks, churches, or at political gatherings. These prohibitions are common in many other States.
Campus Carry in Idaho:
Idaho also has Full State Preemption of firearm laws except for two exceptions which it grants in Idaho Code Section 18-3302J. The full statute can be found at http://legislature.idaho.gov/idstat/Title18/T18CH33SECT18-3302J.htm. Those two exceptions are the department of fish and game and colleges and universities. The relevant sections of code are as follows:
"This section shall not be construed to affect: The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code." and "The authority of the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, to regulate in matters relating to firearms."
Here is the problem with that second section of code. In it the State purports to grant colleges and universities the right "to regulate in matters relating to firearms," however, the State itself does not have the right to "to regulate in matters relating to firearms." It only has the right to "govern the carrying of weapons concealed on the person." Do you see the discrepancy here? The colleges and universities in the State of Idaho currently have a total ban on the carry of firearms on their campuses, and they claim that the right to have this ban is given to them by in Idaho Code Section 18-3302J.
It seems abundantly clear to me, however, that Open Carry is legal on Idaho college campuses – just as it is in all other parts of the State – per the State Constitution. The way that the colleges enforce their gun ban, however, is not through the use of legal action, but by firing employees and expelling students who violate the total ban on the carry of firearms. It will likely take a Court decision – after some brave soul dares to defy the current ban on Open Carry – before the colleges and universities will be forced to recognize the existing right to Open Carry on their campuses.
The ideal situation, of course, would be a Constitutional amendment abolishing the States' authority to "govern the carrying of weapons concealed on the person" which would also gut the exceptions in Idaho Code Section 18-3302J, as the State can not delegate authority that it does not possess. Short of this unlikely miracle, however, a pair of laws allowing the unlicensed carry of concealed weapons and allowing Campus Carry would be most welcomed by the gun owners and liberty-lovers in the State of Idaho.
