Idaho Introduces Constitutional Carry

By Dean Weingarten

IdahoSeal

Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- Idaho has introduced a constitutional carry bill to restore the right to carry a weapon without a permit, along with other reforms.  The constitutional carry portion of the bill is an incremental reform, as legal, non-felon residents of Idaho already have the right to carry weapons openly and concealed without a permit in 99 percent of the state.  The changes include the removal of restrictions on the legal carry of loaded, concealed handguns in vehicles and the ability to carry of concealed weapons without a permit in public places.  The law removes the section that lists all of those people who are now excepted from the current concealed carry restrictions.  From H0089(PDF):

(121) The requirement to secure a license to carry a concealed weapon under this section shall not apply to the following persons

(a) Officials of a county, city, state of Idaho, the United States,
peace officers, guards of any jail, court appointed attendants or any
officer of any express company on duty;
(b) Employees of the adjutant general and military division of the
state where military membership is a condition of employment when on duty;
(c) Criminal investigators of the attorney general’s office, crimi-
nal investigators of a prosecuting attorney’s office, prosecutors and
their deputies;
(d) Any person outside the limits of or confines of any city while en-
gaged in lawful hunting, fishing, trapping or other lawful outdoor ac-
tivity;
(e) Any publicly elected Idaho official;
(f) Retired peace officers or detention deputies with at least ten (10)
years of service with the state or a political subdivision as a peace of-
ficer or detention deputy and who have been certified by the peace officer standards and training council;
(g) Any person who has a valid permit from a state or local law enforcement agency or court authorizing him to carry a concealed weapon. A permit issued in another state will only be considered valid if the permit is in the licensee’s physical possession.

The bill also expands the term of the existing license from four years to five years.   Idaho concealed weapon law applies to all legal weapons, not only firearms.  The stated purpose of the bill is:

The purpose of this bill is to align Idaho laws with the true meaning of the Second Amendment such that law abiding citizens may carry concealed weapons without a permit. Idaho law already permits openly carrying weapons throughout the state. Idaho law already allows lawmakers to carry firearms without a permit. This bill extends permitless carry (commonly referred to as Constitutional Carry) to all law abiding citizens.

This bill does not impact those barred from possessing firearms under State law. Those prohibited from possessing firearms, such as convicted felons, will still be prohibited. This bill does not impact criminal activity. It will still be prohibited to commit crimes with weapons.

This bill retains the existing concealed weapons permitting system to enable reciprocity with other states, retain “enhanced permit” rights such as “Campus Carry”, and expedite background checks for firearms purchases.

Constitutional, or “permitless” carry exists in five states at the present time.  Vermont has had constitutional carry since  1791.   Their state supreme court ruled infringements on the carry of arms by people who had no criminal intent, to be unconstitutional.  Alaska restored constitutional carry in 2003.  An Alaska Democrat legislator said that he was tired of fighting against incremental gun reform, and said it was best to get it all done at once.  Arizona restored constitutional carry in 2010, Wyoming in 2011, and Arkansas in 2013.  At least five other states besides Idaho are considering a similar bill this year.

H0089 passed the State Affairs committee along a party line vote.  11 Republicans in favor, 4 Democrats opposed.    The Idaho house has 56 Republicans and 14 Democrats.  The Idaho Senate has 28 Republicans and 7 Democrats.   Governor Otter has started his third term this year.  Last year he signed a federal gun law nullification bill and campus carry reform.

Governor Otter is likely to remember how the media mischaracterized the campus carry bill last year, and the way AP rewrote an Idaho State Journal article to smear the Governor with the claim that the Campus Carry reform would cost the University its nuclear program.  Neither was true; the Governor did not make the claim, and the nuclear program was not at risk.

The lost media credibility, and the lack of an effect on the elections make it more likely for the bill to pass.
c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

5 Comments
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Wild Bill
Wild Bill
5 years ago

Dear Edward,
Please re-read the Second Amendment to the United States Constitution, and note the word “bear”. Bear mean carry, as in: carry on your shoulder, carry in your pocket, carry in your car, carry in a holster that is on a belt strapped openly to your person. A terrifying concept to elitists.

Oh, and note the absence of the words and phrases like: background check, license, application, and decide for you what you need…

Let me be the first to wish everyone a Merry Christmas!

Jacob
Jacob
5 years ago

Actually, operating your automobile is also a right that has been converted into a “privilege” by government overreach too.

Bob
Bob
6 years ago

I lived in Alaska in 2003 when they instituted Constitutional Carry there. The State Troopers, city police unions and other law enforcement agencies were all claiming that the streets would run with blood and they would be burying dead police officers every day until the law was repealed. Lots of hissy fits before the law was passed, but obviously their claims never happened. Excited now that I live in ID to see this state adopting CC as well.

Edward Bauges
Edward Bauges
6 years ago

I see no harm in carrying a concealed handgun. As a citizen with no felonies or even an arrest record of any kind and a taxpayer I and others should have the right to carry a concealed weapon. However, I do think back ground check is an important part of this right. Like a drivers license it should be considered as a privilege not something just handed out just because.

Gordon
Gordon
6 years ago
Reply to  Edward Bauges

You are incorrect on one thing: Carried a concealed handgun is a right, NOT a privilege. Driving a car is a privilege. By requiring govt permission, the states have turned the CCW right into a privilege. Slowly the states are removing this 2nd amendment infringement from their laws. 5 states have already fixed this, hopefully Idaho is next.