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Old January 27, 2010, 01:12 PM   #51
brickeyee
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Join Date: December 29, 2004
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Quote:
Of course any kind of CWP requirements will infringe the rigth to bear arms. But the courts have a long history of sustaining various infringements of or abridgments of or interferences with Constitutionally protected rights if they pass the applicable level of scrutiny test. And cost could be a factor in that analysis.
Quote:
The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.
Terminiello v. Chicago, 337 U.S. 1 (1949), Robert H. Jackson dissenting.
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Old January 30, 2010, 10:44 PM   #52
gearchecker
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In Idaho concealed weapons licence is only for carrying concealed.

It is legal to open carry any place not excluded by law.

You can have a loaded firearm in your vehicle even without a concealed weapons license as long as the firearm can be seen clearly from any "reasonable viewpoint from outside of the vehicle to view what is inside the vehicle".
Loaded rifle on gunrack - Okay.
Loaded pistol lying on the dashboard - Okay.
Loaded pistol in a glove box or armrest - Not Okay (Can't be clearly seen)
Loaded pistol sitting openly on the passenger seat - Okay

If you get stopped with a loaded firerarm in the vehicle, let the LEO's know immediatly on contact with them that there is a loaded gun in the vehicle and where it is, before you begin to move about.
You will probably have the vehicle searched, but no issues if there's not one concealed without the license.

Concealed carry is totally different altogether.
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Old January 31, 2010, 12:10 AM   #53
NavyLT
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Join Date: January 25, 2006
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Quote:
Originally Posted by gearchecker
1. You will probably have the vehicle searched, but 2. no issues if there's not one concealed without the license.
1. On what grounds? That you told them about a lawfully possessed firearm in the vehicle?

2. Never, ever, CONSENT to a search, regardless of whether or not you think you have nothing to hide. EXCEPT for a frisk of the outside of the clothing during a lawful Terry Stop for the presence of weapons for officer safety only - and that is only during a lawful Terry Stop. If the officer is not officially detaining you, but only wants to talk to you about something, do NOT CONSENT to a frisk then.
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