Changes to Idaho Gun Laws

A

Al Norris

Moderator Emeritus
Last week, the ILA alerted to 3 bills going into committee for markup/printing. I was hesitant to support anything I couldn't read and the State Senators involved didn't have anything ready for public distribution at that time.

Now however, the bills have been introduced and printed.

Senate Bill 1401: http://www3.state.id.us/oasis/S1401.html
FIREARMS - Amends existing law relating to emergency powers to provide that no restrictions shall be imposed on lawful uses of firearms or ammunition during a state of emergency.

This bill not only strikes firearms from the existing emergency powers but specificly exempts any control of firearms from regulation under the emergency powers of the Governor while that emergency exists. No NOLA type confiscations should this bill be passed.

Senate Bill 1402: http://www3.state.id.us/oasis/S1402.html
CONCEALED FIREARMS - Amends existing law to revise provisions applicable to the issuance of a license to carry concealed firearms.

This bill extends the licensing from 4 years to 5 years (including renewels). It adds specific wording that the sheriffs are issuing the CWP on behalf of the state (which complies with other states in order for reciprocity to occur). It increases the renewal fee from 12 to 15 dollars.

The bill further deletes references to mining, logging and railroad camps as places where concealed carry must be accompanied by a CWP. This leaves only the corporate boundaries of cities where one must have a CWP. Further, the bill strikes the provisions that one must be engaged in hunting, fishing or trapping as an exemption to concealed carry. This simply leaves the provision that one is exempted from licensing outside city limits while engaged in any lawful activity.

The bill strikes the provision for licensed carry inside a vehicle while within city limits. This makes it lawful to carry concealed while in a vehicle anywhere within the state, without having to have the CWP.

The bill also modifies the language on what is acceptable proof of familiarity of a firearms by mandating that the sheriff shall accept, at the discretion of the applicant which ever method is used by statute. It appears that by the current wording, some sheriffs had determined that they could mandate what form of familiarity was used and not the applicant. This modifies the language to ensure that it is the applicants discretion as to which form is used.

House Bill 686: http://www3.state.id.us/oasis/H0686.html
SALES TAX EXEMPTIONS - Adds to existing law to provide an exemption from sales tax for certain fees and membership dues related to nonprofit hunting or shooting sports organizations.

Corrects a ruling last year by the Tax Commission that would have forced certain non-profit ranges to charge sales tax on range and classroom use. Also it retroactively imposes the new definition, thereby invalidating the payment of back taxes and penalties 2 Boise area ranges had to pay following the Tax Commissions ruling (they get their monies back).
 
so basically it breaks down like this?

Senate Bill 1401 - the govt cant take our guns away during an emergency

Senate Bill 1402 - CWL last 5 years now, a CWL is only needed in city boundaries, leagalizes carrying a gun in your car anywhere in the state even without CWL, and applicants decide what "familiarity" is not the sheriff.

House Bill 686 - non-profit gun clubs dont have to pay or charge taxes on membership fees
 
That's essentially it, Jericho9mm.

However, don't sit back and assume these will be passed.

Were you aware that last year a bill was passed that made it unlawful for any kid (under 18 years) to posses a firearm, unless the parents, guardian or specified adult was present? No longer can Idaho kids just go out and target practice by themselves. No longer can Idaho kids go pheasant, quail, dove hunting by themselves. It is now a misdemeanor and the firearms may be confiscated.

That law passed because 1) no one was paying attention and 2) it's for the children... :barf:
 
My wife would like to move to Idaho, and I must admit that things like this make it very attractive. My only fear is that as a lifelong Californian I am now too much of a wimp to be able to handle the winters.

Tim
 
Current Temp here in Rupert is 7 degrees with a wind chill of -14. Skies are clear right now, so I expect it to did into the minus digits! Usually, we have the January chill with the February thaw... This years it appears to be backwards! :(

Police fight proposal to loosen concealed weapons law
Statesman staff
Edition Date: 02-17-2006

About 40 officers from Idaho's Fraternal Order of Police were at the capitol Thursday rallying against a concealed weapons bill backed by the National Rifle Association. The bill would allow people to carry concealed weapons such as loaded handguns inside their cars even if they don't have a permit to do so.

The measure also eliminates many requirements for a concealed-weapon permit in areas outside city limits. Law enforcement agents say the plan, sponsored by Sen. Gerry Sweet, R-Meridian, could allow gang members to conceal firearms in their cars, leaving officers who stop their vehicles with no way of knowing if the occupant is armed.

Sweet's plan would also extend the duration of permits to five years, from four, and increase the application fee to $15, from $12. Criminals who attempt to carry conceal weapons wouldn't be subject to his changes, Sweet said, because they only address "law-abiding citizens" engaging in "legal activities."
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The Idaho Statesman is Idaho's largest newspaper and lately its most left wing publication. I responded with my own letter (they like controversy :D ) to the editor:


Let me see if I understand. Forty officers from IFOP are against Senate Bill 1402 because they won't know if a gang member is carrying concealed or not? That certainly makes a whole lot of sense, doesn't it?

Uh, OK. And they don't think the gang members are concealing firearms in their cars now without the proper permits? DUH!

Laws such as this one, will affect only law abiding citizens, dear officers. You know that and I know that. We also both know that crooks (which ostensibly include gang members) don't obey the law. By definition, that's what makes them crooks! Does the IFOP have any real objections other than the red herring they've already used?

The Statesman wrote: "The measure also eliminates many requirements for a concealed-weapon permit in areas outside city limits."

As currently applied, the law reads that one must have a concealed permit inside city limits and "inside any mining, lumbering, logging or railroad camp..." [18-3302(9)) Just how many of these camps are currently active in the state of Idaho, dear staff? All the bill does is to update and modernize the code.

There are only two major changes. 1) Extending the permit to 5 years instead of 4 and 2) allowing law abiding citizens to carry concealed in their vehicle without regard to arbitrary city/county lines.

The crooks are already carrying concealed. Most of these crooks have one or more felony convictions which makes it a felony to even touch a firearm, let alone carry one. The police all know this. People who have permits to carry concealed all know this. Hunters all know this. In fact, most of the people in Idaho know this. Why don't the folks at the Statesman know this?

Al Norris
Rupert
 
Friend, Idaho could be -40 for all I care.

It sounds like the type of warm and friendly State I'd like to live in. :)

(BTW, I spent some time near Rexburg when Yellowstone was burning; our unit was detailed for mop-up work and cutting hand line. Beautiful country!)
 
Idaho seems to be headed mostly in the right direction for people to defend themselves even in an emergency. I think that is great.

Milt Sparks, one of the great holster makers, had a shop in Idaho City. I traveled there to talk to Milt and buy a holster for my 1911. The town has the flavor of the old west with board sidewalks (in places) and old buildings with high cielings. The resturaunts had huge portions at a great price and all the people were very friendly.

This was in the 80s. Milt is dead now and his shop moved to Boise. They still make great holsters, something that last a life time. I still got mine and stuff to go with it.

It must be a great state and you guys that live there, well I envy you.

25
 
I wasn't even aware that there were gangs here!:D

I always love it when I hear the statement "The bill would allow people to carry concealed weapons ... even if they don't have a permit to do so." Concealed weapons carry has stood the test of time, government issued permits have not. What I mean is that as governments wax and wane the basic human instict of survival and self preservation perseveres.

What would make me really happy is not more laws regarding weapons but the rescinding of most existing weapons laws.

IT SAYS "KEEP AND BEAR SHALL NOT BE INFRINGED"!!!

Ok before I get to excited over-and-out.
 
My wife would like to move to Idaho, and I must admit that things like this make it very attractive. My only fear is that as a lifelong Californian I am now too much of a wimp to be able to handle the winters.
Click to expand...

Change "My wife" to "I" and you have my feelings pegged. I'm about done here in Calif from being so frustrated at the IDIOTS that live here. Not antigun idjits, but just plain MORONS.

Closed my law practice a few yrs ago and took up a hobby because I got tired of the crap. Too many laws that are designed to entrap and punish the law abiding while the criminals get all the breaks (did you know that an atty can't do anything to protect himself from a malpractice action? Yep, it's the law so it the client doesn't like the end result, they sue the atty who can't defend.)

Anitpitas, you know if Rupert needs a good custom cabinetmaker in the neighborhood?
 
Here's what passed and is now law.

H686 - Law - Exempts taxation on shooting sports and ranges while hosting non-profit organizations.

S1401 - Law - No restrictions to lawful uses of firearms and ammunition during disaster emergencies.

S1428 - Law - Extends CWP from 4 years to 5 years; modifies language that the county sheriffs are acting on behalf of the state; removes antiquated language barring concealed carry in mining, logging, lumbering or railroad camps without a CWP; modifies language that any firearm, loaded or unloaded, in plain view within a vehicle is legal anywhere in the state ... Basicly, there is no need of a CWP except within the bounderiea of a municipality. (they had to drop the vehicle concealed carry, due to opposition from the LEO orgs)

S1441a - Law - Provides for civil immunity for any justifiable self defense shooting, regardless of resulting injury or death.
 
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