Any sneaky, querky laws in Idaho?

[Bill45]

I was visiting the Montana OCDO site and noticed an interesting querk in their law. Namely that you MUST open carry and not concealed carry in a restaurant that serves alcohol even when you are seated in the "family" area if they serve drinks in that area. Concealed carry is legal only in non booze serving restaurants.

I travel in Montana frequently and have usually concealed carried so this law came as a suprise to me. I don't mind open carrying but in cold weather it will make dineing out chilly. Dress in layers.

I also spend time in Idaho. Does Idaho have any querky laws like this that can catch one unaware and send you to jail?

Bill

 

[OC Freedom]

I was visiting the Montana OCDO site and noticed an interesting querk in their law. Namely that you MUST open carry and not concealed carry in a restaurant that serves alcohol even when you are seated in the "family" area if they serve drinks in that area. Concealed carry is legal only in non booze serving restaurants.

I travel in Montana frequently and have usually concealed carried so this law came as a suprise to me. I don't mind open carrying but in cold weather it will make dineing out chilly. Dress in layers.

I also spend time in Idaho. Does Idaho have any querky laws like this that can catch one unaware and send you to jail?

Bill

Not that I can find. The Governor signed bill H0301 that will take effect July 1st 2015. The bill repeals, amends, and adds to the existing law in regards to carrying concealed weapons.
Check out the link below for all the info on the revision to concealed carry for Idaho.


http://www.legislature.idaho.gov/legislation/2015/H0301Bookmark.htm



A restaurant that serves alcohol is still fine while carrying concealed, but if your in a 21 or older establishment such as a tavern then you must open carry. If you get drunk while carrying you must do it open, concealed carry while being drunk is verboten. This goes back to the legislators having control over concealed carry, but not having any control over open carry as the Idaho Constitution clearly defines.

 

[Bill45]

Thanks for the reply. I will read through the info.

 

[CarryTheTruth]

Does Idaho have any querky laws like this that can catch one unaware and send you to jail?

Bill

The point OC Freedom noted of that of OC'ing while drinking alcohol is the only 'gotcha' law; technically, being under the influence of any substance (over the counter meds included) while CC'ing is a misdemeanor.

The other law is that of CC in your vehicle inside or outside of city limits. As OC Freedom noted, that grey area changes come July 1, 2015, with HB301. In short, you can CC in your vehicle outside of city limits.

SCOTUS has ruled that you can CC in your vehicle without a permit "while traveling". Don't quote me! I'll need to look up that case law. This does impact you 'traveling' on the few freeways Idaho has, of which goes directly through towns (Meridian, Boise, Caldwell, Nampa, to name a few). E.g., only pertinent if you are pulled over 'in city limits' on the freeway.

FYI ~ I have written Idaho firearm code at the state level, and have worked with local, city, county and state agencies in getting them to get their ordinances, rules, and policies in compliance with state law and constitution.

Idaho Second Amendment Alliance (ISAA) took over this work of mine in their PREEMPTION PROJECT, of which can be viewed here: https://www.idahosaa.org/preemption-project/

 

[EMNofSeattle]

I was visiting the Montana OCDO site and noticed an interesting querk in their law. Namely that you MUST open carry and not concealed carry in a restaurant that serves alcohol even when you are seated in the "family" area if they serve drinks in that area. Concealed carry is legal only in non booze serving restaurants.

I travel in Montana frequently and have usually concealed carried so this law came as a suprise to me. I don't mind open carrying but in cold weather it will make dineing out chilly. Dress in layers.

I also spend time in Idaho. Does Idaho have any querky laws like this that can catch one unaware and send you to jail?

Bill

Well I guess I've violated that one I didn't know that last time I visited, I presumed that section of law meant actual taverns. Guess next time I'm in big sky country I'll carry only openly.

 

[EMNofSeattle]

The point OC Freedom noted of that of OC'ing while drinking alcohol is the only 'gotcha' law; technically, being under the influence of any substance (over the counter meds included) while CC'ing is a misdemeanor.

The other law is that of CC in your vehicle inside or outside of city limits. As OC Freedom noted, that grey area changes come July 1, 2015, with HB301. In short, you can CC in your vehicle outside of city limits.

SCOTUS has ruled that you can CC in your vehicle without a permit "while traveling". Don't quote me! I'll need to look up that case law. This does impact you 'traveling' on the few freeways Idaho has, of which goes directly through towns (Meridian, Boise, Caldwell, Nampa, to name a few). E.g., only pertinent if you are pulled over 'in city limits' on the freeway.

FYI ~ I have written Idaho firearm code at the state level, and have worked with local, city, county and state agencies in getting them to get their ordinances, rules, and policies in compliance with state law and constitution.

Idaho Second Amendment Alliance (ISAA) took over this work of mine in their PREEMPTION PROJECT, of which can be viewed here: https://www.idahosaa.org/preemption-project/

SCOTUS, as in Supreme Court of United States? Or idaho state Supreme Court?
I never worried about that, Ida recognizes my wash CPL

 

[DCR]

Caselaw Quirks

Technically, Idaho law doesn't define "concealed." The only things even close to definitions appear in the few cases that have gone to the Idaho Supreme Court and Court of Appeals, which have used nebulous phrases like visible under "casual observation" or "ordinary observation" by a LEO, and under the facts of those cases, it's a completely subjective test based on the vantage point and discretion of the LEO. For example, if a LEO can't see a weapon from one angle, but can from another, a person without a CWL can be charged with a concealed weapon violation.

Further, both the current and newly adopted laws may well exceed the legislature's authority under Article I, Section 11 of the Idaho Constitution, which contemplates the legislature only being able to regulate the carrying of concealed weapons ON a person, but the statutes extend beyond the person to "on or ABOUT" the unlicensed person. This point is explored in the dissent of an appellate opinion, but has never been addressed directly in any other Idaho case. While it follows the relatively "new" (in jurisprudential terms) concept of a person's "wing span" while in a motor vehicle posing a potential safety to a LEO, it is in reality an unfortunate by-product of the war on drugs, which is the overwhelmingly common element in concealed weapons cases in Idaho as well as the rest of the country.

So, although the new concealed weapons legislation will be an improvement, I submit there's still work to be done to bring the law into compliance with the Idaho Constitution. And guess which group will again be throwing out roadblocks to any change?