Well, don’t that beat all !! Now Idaho has also joined the states with Constitutional Carry laws. Idaho and W.Virginia at the same time. This now makes almost 20% of the nation with permitless legal concealed carry of firearms. 9 states so far and some others are considering the trend. I wonder if President Obama and his friends are having anxiety attacks. Read the article and see what kinds of limitations will be in place when the new Idaho concealed carry law goes into effect on July 1st……..
Anne Taylor, Attorney
Anne Taylor is a pistol packin’ grandma. She’s also an attorney who understands how seriously people take their guns in North Idaho.
“Gun rights are very important in this state,” said Taylor, a criminal attorney, and partner at the firm of Palmer, Walsh & Taylor. “At first glance many are likely to feel that the Second Amendment has been honored and everyone can carry a gun whenever and wherever he or she wishes. It is more complicated than that. It is not a free for all. There are limitations.”
Those limitations can include interstate travel, court-approved diagnoses of mental illness, and individuals under the age of 21. Criminal history plays a large factor, including convictions for domestic violence, assault and felony level drug use, said Taylor.
The core of the new gun law, which goes into effect July 1, will allow Idaho residents to carry concealed weapons without permits. Idaho is one of nine states to pass permitless carry laws and several other states are considering similar legislation. The new law has some in law enforcement apprehensive — primarily because residents won’t be required to take training and safety courses.
“Some of the impacts I see are educating the public as to what the new provisions in the law mean – what they can and can’t do – the legal standard in which they are able to defend themselves with a deadly weapon and the impacts of it if they do,” said Kootenai County Sheriff’s Office Lt. Stu Miller. “There aren’t any training requirements or requirements ensuring a person hasn’t been adjudicated mentally ill to carry without a permit.”
Also, Miller said the new law doesn’t allow a person to carry a concealed weapon onto the property of another without permission, such as a business that has a no-weapons policy on their premises.
Idaho has an estimated 123,000 people with concealed weapons permits. Of those, more than 9,000 reside in Kootenai County. The state will continue to offer enhanced weapons permits, which will allow residents to travel to some states without having to file additional paperwork.
The enhanced permitting process goes beyond the basic background check, requiring training by a certified instructor on how to handle firearms. This includes target shooting.
“One of the basics of weapons training is safety, for example, you are taught not to point a weapon at someone unless you intend to shoot them,” said Teresa Baker, a spokesman with the Idaho State Police. “The concern from law enforcement is always safety and consequences if people will no longer be required to get that training. We hope that those who choose to carry a weapon will still choose to take a training class to learn how to properly protect themselves and their families.”
Under the previous statute, law enforcement could access a database that listed all of the concealed weapons permit holders. That helped officers assess potential encounters. The new law by its very nature makes that database null, which creates another gray area for citizens and law enforcement. If a person carrying a concealed weapon is stopped by law enforcement, should they immediately reveal that to the officer?
“I would say yes,” said Baker. “I would tell the officer immediately.”
However, Taylor believes the response should be on a case by case basis.
“The officer could go on high alert if you do tell them, which could prompt an immediate search of yourself or your vehicle,” said Taylor. “On the other hand, if they see an undisclosed weapon, that could escalate the situation.”
Taylor said the new laws will take a little adjustment from all sides. “It’s a fascinating issue,” she said. “I think people will get used to the new laws, but if you have questions, you should talk to an attorney.”
Taylor provides answers to additional questions on the new permitless weapons laws.
Are there places where a handgun is still prohibited?
A concealed handgun – or any weapon – cannot be taken to a courthouse, juvenile detention center, a jail, a public or private school except by a police officer or security personnel while engaged in their employment, or someone who is authorized to carry a weapon by a person, board or entity having authority over the building or facility.
Schools will still be ‘gun free zones”
How does this new law impact defense cases involving guns?
The changes in the law mean that since no permit is necessary, a defense attorney, when working with someone charged with carrying a concealed handgun, must consider whether or not his or her client is a person who would be ineligible to carry the handgun. The defense attorney will need to look into the background of the person charged to determine if a valid defense exists.
What convictions can result in a lifetime ban on carrying a firearm?
Idaho Code 18-310 lists many crimes that prohibit a person’s civil right to bear arms from being restored. Those crimes are Treason; Aggravated Assault, Aggravated Battery, Assault with the intent to commit a serious felony; Battery with the intent to commit a serious felony; Burglary; Domestic Battery (felony); intimidating a witness; injury to a child; Sexual abuse of a child; lewd conduct; enticing children (felony); forcible sexual penetration; crime against nature; indecent exposure (felony); sexual exploitation of a child; rape; kidnapping; child abuse; cannibalism; mayhem; unlawful possession of a firearm; rescuing prisoners; escape; robbery; felony-level drug charges; threats against state officials of any branch of government; discharging a firearm at a home or occupied building or vehicle; possession or using a bomb or explosive; manslaughter or murder. Attempts, conspiracies or solicitation for any of the named crimes is included.
Can I get my firearm rights back?
A person can apply to have their firearm rights restored after five years of completion of all prison time, probation or parole. This application goes to the Commission of Pardons and Parole. That commission will not consider a person’s civil rights to possess a weapon if they’ve been convicted of treason, murder or voluntary manslaughter.
What are the restrictions on permitless carry?
People under the influence of alcohol or drugs cannot carry a concealed weapon.
Can I go to neighboring states without having to get a permit there?
Neighboring states have their own laws about concealed weapons. Idaho can issue an Enhanced Concealed Carry Permit, which has specific provisions that must be met. This permit is recognized by many other states. If an Idaho resident travels frequently it is still a good idea to obtain an Enhanced Permit.
Can people who have been punished for carrying without a permit have those crimes expunged?
The new provisions for concealed carry do not mean old convictions automatically go away. The procedure to evaluate a conviction and determine if something can be done is a more in-depth analysis.
Who is still restricted from carrying a concealed handgun?
Anyone under 22 years of age. However, the local sheriff must issue a concealed weapons permit if age is the only reason a person would be unable to carry a concealed weapon. Any person who is ineligible to possess a firearm for other reasons pursuant to Idaho or Federal laws. People who illegally use controlled substances (drugs) and people who currently have, or have been found to have mental illness or a lack of mental capacity (unless his or her civil right to bear arms has been restored). People who have been dishonorably discharged from serving in the armed forces. Anyone who has been convicted of a crime punishable by more than one year in jail, unless that person has successfully completed probation (felony-level offenses). Anyone with a misdemeanor conviction for a crime of violence (attempted or threatened) against a person or property unless the probation term was successfully completed. Anyone living illegally in the United States or anyone who has renounced his or her citizenship. A person who has a pending criminal case for a crime which would disqualify him or her from carrying a concealed handgun.
Anyone who is subject to a protection order.
What other impacts will this new law have on the legal system?
This change in law will mean that an attorney will need to thoroughly investigate for a client. While this change in law is exciting in an environment where we so often hear about the need for gun control, it is important to really understand the changes before going out with your handgun holstered under your jacket or tucked into your glove compartment. A careful analysis is necessary. An attorney is a good resource to look at your particular situation and answer questions.
My View on Idaho’s New Concealed Carry Law
This will actually mirror my opinion of W. Virginia’s new law.
What Idaho did is completely legal according to the Constitution. Many people today are calling it “Constitutional Carry” and the term seems to fit nicely. I approve of the new law, but I question the wisdom of not requiring proper training beforehand. I firmly believe anyone wanting to carry a weapon, whether it’s concealed or not, should have a certain degree of training. It may come from years of training by family members with the experience to do an adequate job of teaching their kids, or another “qualified” instructor. I think, somehow you should be asked to show your competence at responsible gun handling.
Some law enforcement agencies may have concerns with this but just look at the other seven states with Constitutional Carry. They don’t seem to have a problem with it, so why would Idaho? This looks like a building trend, doesn’t it? Years ago there were only a couple states with relaxed gun laws. Now there are nine of them. Soon I expect we will be seeing more states joining in. Maybe soon we will also see cooperation with states recognizing all other carry permits just like they do with your driver’s license. Wouldn’t that be an improvement?
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–Written by Marc Stewart, Director of Sponsored Content.