Zrcogg,
None of this is legal advice. Just my opinion/commentary.
OC to one of the Idaho Falls City Council meetings (an older, experienced OC'er would bode well), requesting a hearing regarding an inquiry toward presenting they repeal duplicative and, technically, state and/or federal unconstitutional Idaho City Ordinances regarding Firearms.
Idaho Falls Code (IFC) - CHAPTER 14 FIREARMS, EXPLOSIVES AND DEADLY WEAPONS
Many of the subset code in Chapter 14 is duplicative of (
Idaho Code 18-3302.
Given that it is "duplicative," they are saying that, as a gov't entity, they are proclaiming the right to charge someone when can also be charged at the Idaho Code level. E.g., Can't be charged with the "same" violation twice, regardless if that "law" exists in 2 separate listings.
Technically, the only law a city (such as Idaho Falls) can pass regarding firearms is that of regulating the discharge thereof.
IFC §5-14-2 reads as follows:
If any person, excepting officials of a county, officials of the State of Idaho, officials of the United States, peace officers, guards of any jail, court-appointed attendants, or any officer of any express company on duty, shall carry concealed upon or about his person, any dirk, dirk knife, bowie knife, dagger, sling shot, pistol, revolver, gun
The authority of ICF to have the portion of this ordinance in
bold above was REVOKED this last 2013 Idaho Legislative Session with
HB 183 and became effective July 1, 2013. In short, a city can no longer regulate, prohibit, or punish for the carry of a concealed weapon
of *any* kind. FYI ~ I wrote HB183. Of exceeding dismay, our Legislators won't acknowledge such.
I proffer that representatives from Idaho Carry, Idaho Second Amendment Alliance, the likes, travel out and appear with you presenting any such request to ICF City Council to repeal their present non-compliant city ordinances.
Technically, the only ordinance they should have on the "books" is ICF §15-14-11 (A) and (B). Subsection (C) implies that a citizen can not discharge a firearm in self-defense, of which Idaho Code states otherwise.
Request of ICF City Council to adopt
Caldwell, Idaho's "Firearm" code, of which I championed them to repeal their 50+ year old code and replace it with what they now have (they did this in July, 2012, five short days later after I noted their outdated code to them; man, I never saw a gov't entity move so fast!!!).
Remember: Always Carry Safe to be Safe!
______________________
Life is Precious.
CarryTheTruth