Tuesday, April 12, 2016

Since Idaho No Longer Requires Concealed Carry Permits, Why Would You Apply for a Permit

My friend T. Allen Hoover has this useful set of reasons why it is still a good idea:

Idaho Constitutional Carry - Things to know
 
You cannot possess a firearm if you have been convicted of any felony at any time in your life (unless special rights restoration has been secured by the courts and the ATF), and as well cannot possess if convicted of any domestic violence misdemeanor, have been adjudicated mentally defective by a court of law, Dishonorable discharge, Illegal alien, have Renounced citizenship or are under indictment for a crime or are under a restraining order. Possessing a medical marijuana card also prohibits your possessing guns. Remember Federal laws restricting "ownership" or "possession" of firearms and/or deadly weapons supersede any and all State laws involving carrying firearms and/or deadly weapons concealed . . . . period! Idaho Constitutional Carry applies to HANDGUNS only, not knives etc)

The Idaho law does NOT take effect until July 1, 2016.
You cannot carry if you are not an IDAHO Resident.
You cannot carry if you are not over 21 years of age (18 to 21 if pass Enhanced class can apply for a Basic CCW)
You cannot carry into K thru 12 schools, private colleges, or Idaho State Colleges (Retired Law Officers & Enhanced can)
You cannot carry into ANY Courthouse or jail or detention facility or any Federal Building or Post Office
You cannot carry under the influence of alcohol/drugs (ANY amount as there is NO legal definition of allowable!)
You cannot carry onto any private property where signs prohibit the carrying of firearms / weapons ( Boise Town Square Mall for instance) If any city, county or state properties have such signs, please notify your local militia or NRA representative. (This list is NOT a complete listing, other stipulations apply, please check with an attorney or the Idaho Attorney General)
Remember also that one may carry on private property where the person has permission to carry concealed weapons from any person with an ownership or leasehold interest.

And remember The law in no way absolves or provides immunity from civil liability for the destruction caused by use of a concealed weapon

Constitutional carry is a great thing but has its limitations, and is not good OUTSIDE the State of Idaho except in Alaska, Arizona, Kansas, Maine, Vermont, West Virginia, Oklahoma. Wyoming Constitutional Carry is for residents only. Arkansas's law is under dispute so don't risk it.

One drawback is that if you get stopped and do not have a ccw and do have a gun, the law-enforcement officer is going to run your police record as, essentially a 'field NICS' check which may take awhile to verify that you are legally entitled to con carry, also they will likely run the serial number of the gun, so be sure where you got it...have a copy of the bill of sale stashed somewhere you can show them if stopped and it turns out to be stolen (NOTE:  If a gun is sold to, or pawned at a PAWNSHOP, most cities require that pawnshop report the gun & serial number to the police for checking that it is not stolen.  However, if you buy a used gun from a gunshop (that is not also a pawnshop) in say, Nampa, there is no legal requirement that the gunshop check with the police to ensure that the gun is not stolen.  If it you bought one and it was a stolen gun, YOU got some 'splaining' to do Lucy. (The gunshop would show the police the sales receipt with the seller swearing that the gun is legally his to sell, and the cops confiscate the gun and return it to the owner who reported it stolen, and the only recourse of the hapless buyer would be to sue the seller to get his money back).
 
So while Constitutional Carry has its place in a self defense pinch, expect, if stopped, to be looked at and the gun looked at and maybe a lot of time spent waiting to be cleared before the cops will let you go.
 
On the other hand, if you have a CCW  they may ask if you have a gun and where it is in the car, but go no further, and often with just a traffic warning, whereas when so much taxpayer time is spent extensively checking you out, the ticket will off set the cost of the stop.
 
 Also, if you have a valid CCW, you can buy a gun and fill out the paper and leave and NOT have to wait while the store calls in your information to the NICS background check department of the FBI.  While the law requires the data obtained during such NICS checks be destroyed after 3 business days, and our NSSF (National Shooting Sports Foundation) has determined that they do, it does not mean that the data was not vacuumed up by the NSA spy programs that record everything and store everything until they need it.  The paper version of the form is stored at the gun shop until a crime gun is recovered and then a copy can be demanded as part of an active criminal investigation. 

Enhanced Idaho (ECCW) valid in IDAHO (and at Boise State University and Idaho State colleges) NEVADA NEW MEXICO SOUTH CAROLINA WASHINGTON MINNESOTA VIRGINIA   The Idaho Enhanced and Basic Concealed Weapon Licenses are good in: ALABAMA ALASKA ARIZONA ARKANSAS COLORADO DELAWARE FLORIDA INDIANA IOWA KANSAS KENTUCKY LOUISIANA MICHIGAN MISSISSIPPI MISSOURI MONTANA NEBRASKA NEW HAMPSHIRE NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA SOUTH DAKOTA TENNESSEE TEXAS UTAH VERMONT WEST VIRGINIA WISCONSIN WYOMING note: as states laws change constantly, this list may not reflect current status, check with Attorney General of the state you are visiting.

The Three NRA Rules of Gun Safety: ALWAYS keep a gun pointed in a safe direction.. ALWAYS keep your finger OFF the trigger until ready to shoot. ALWAYS keep a Gun UNLOADED until you are ready to shoot it.

2 comments:

Bikeboy said...

A couple comments...

Regarding guns and serial numbers:

I was once in the market for a handgun, and saw one in the classified ads that looked like a prospect. I called the guy and arranged a visit. The guy lived in a single-wide in Garden City, and although it's not fair to judge a book by its cover, he looked like a living-on-the-edge "biker" type. But the gun was just what I was looking for. I made a mental note of the S/N (it was a Glock, and the number was mercifully short), and told the guy I'd think about it and be in touch.

I wrote down the number, and called the BATF, assuming they could let me know if it was on the Hot Sheet. They were totally unwilling to help... told me to call the sheriff. I called the sheriff's office and told them I wanted to check out a gun before buying it. They were likewise unwilling to help. (How is a person SUPPOSED to check?!! Wouldn't that be a meaningful service, that taxpayer-funded agencies could provide?) Finally the deputy was sympathetic and "unofficially" checked the make and s/n... it wasn't on the bad list, and I purchased and still have the gun.

I was quite upset that the "authorities" were all totally unwilling to help a law-abiding citizen with his effort to make sure a stolen or criminal gun wasn't circulating.

Regarding state-to-state reciprocity...

I guess I better carry a list of state Attorney General names and phone numbers when I'm traveling, so I can always call before entering their state, to make sure I won't get busted for my gun!

(Wouldn't 50-state reciprocity be a wonderful thing, for the 90% of us citizens who are law-abiding?!!)

Greg said...

Definitely a good idea to get the CCW permit. Even though it seems unnecessary in theory, it only takes one overzealous cop to decide to hassle you, which could take any where from a few hours to weeks and months of your life spent hiring lawyers and filling out paperwork