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Police disarming citizens for "Officer Safety"

clarkebar

Regular Member
Joined
Oct 7, 2010
Messages
136
Location
Mesa, AZ
I really gotta know, does this section of the Idaho Constitution mean that police are not allowed to take your firearm unless they are arresting you for committing a felony?

Article 1, SECTION 11. RIGHT TO KEEP AND BEAR ARMS. 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.


I wouldn't feel comfortable surrenduring my firearm to an officer for any reason. I think this constitutional section makes it pretty clear.
 

oldbanger

Regular Member
Joined
Oct 19, 2010
Messages
475
Location
beckofbeyond - Idaho
City of Caldwell Municipal Code

This code was last updated by 2842 passed August 16, 2010.

08-01-25: AIR GUNS, FIREARMS:

(2) Concealed Weapons: It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon. :uhoh:

(3) Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.

(5) Police To Confiscate: Concealed weapons, when found, :eek: or firearms unlawfully discharged within the city limits shall be confiscated by the police department. (1962 Code, Sections 9-5-1 _ 9-5-5)

http://www.sterlingcodifiers.com/codebook/index.php?book_id=377
 
Last edited:

Zhukov

Regular Member
Joined
Aug 2, 2010
Messages
96
Location
Boise, ID
I believe that code was enacted before all of the pre-emption laws went into effect and they are now fully null and void.
 

clarkebar

Regular Member
Joined
Oct 7, 2010
Messages
136
Location
Mesa, AZ
I agree with you there, John. Police are often "just doing my job" and forget what thier real job is. At times like that I think it's best to tell them you do not agree with what they are doing but you will not resist. Of course I wouldn't have a problem letting them know that it's MY job to file a formal complaint against them for thier behavior and ask to speak to thier supervisor...
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
City of Caldwell Municipal Code

This code was last updated by 2842 passed August 16, 2010.

08-01-25: AIR GUNS, FIREARMS:

(2) Concealed Weapons: It shall be unlawful for any person to carry concealed upon his person any brass knuckles, revolver, pistol, dagger, stiletto or other deadly weapon. :uhoh:

(3) Discharge Of Firearms Prohibited: It shall be unlawful for any person to discharge firearms of any kind or description within the limits of the municipality; provided, however, that this shall not apply to police officers in the discharge of their duties.

(5) Police To Confiscate: Concealed weapons, when found, :eek: or firearms unlawfully discharged within the city limits shall be confiscated by the police department. (1962 Code, Sections 9-5-1 _ 9-5-5)

http://www.sterlingcodifiers.com/codebook/index.php?book_id=377

Null and void. The state has full preemption in ID. Probably lots of preempted local muni codes around that have no weight of law but the township is too lazy to actually repeal.
 
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