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Old July 25, 2020, 04:48 AM   #26
Geezerbiker
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I took a year of college in Idaho and I really wish I could move back. I made a lot of good friends there. I liked the land and the people. It's a great place to be..

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Old July 26, 2020, 04:48 AM   #27
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If not mistaken, in states where a permit is used for the purpose of a gun purchase, the background check for the permit was more intensive than in other states and in some cases might prevent them from obtaining a license to carry. While in the states that do not perform the extensive check, they might have received a permit.
That is how the waiver is obtained.
And in Idaho, from what I have been told, they do not perform a background check. You still have to fill out the 4473 form, but they do a check on your license to make sure it is still valid.
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Old July 26, 2020, 07:07 AM   #28
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. . . in Idaho, from what I have been told, they do not perform a background check.
I was unaware the BC was optional, and so looked around...

In its 1997 decision in the case, the Supreme Court ruled that the provision of the Brady
Act that compelled state and local law enforcement officials to perform the background
checks was unconstitutional on 10th amendment grounds. The Court determined that this
provision violated both the concept of federalism and that of the unitary executive.


On the other hand, the Giffords center states: Idaho is not a point of contact state for NICS.
Idaho has no law requiring firearms dealers to initiate a background check prior
to transferring a firearm. In Idaho, all firearms transfers by licensed dealers are
processed directly through the FBI, which enforces the federal purchaser prohibitions
....[NICS]

So somebody `splain the apparent dichotomy here: BC or No BC req'd for FFL transfers ?
Or is it that the STATE doesn't have to do it, but the buyer is still processed through NICS ?

.

Last edited by mehavey; July 26, 2020 at 07:15 AM.
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Old July 26, 2020, 08:10 AM   #29
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So somebody `splain the apparent dichotomy here: BC or No BC req'd for FFL transfers ?
My take on this is that there are states, such as Idaho and Kentucky, that do not require anything to transfer a gun. But, firearm dealers are regulated by federal regulations, and therefore they must adhere to federal regulations, so they have to run the BC.

In KY, the state police run NICS BC on CCDW holders monthly. Therefore, my CCDW license allows me to bypass an additional BC when I go to a gunstore and I can walk out with a gun just by filling out the paperwork.
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Old July 26, 2020, 08:22 AM   #30
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Quote:
Originally Posted by mehavey
I was unaware the BC was optional, and so looked around...

In its 1997 decision in the case, the Supreme Court ruled that the provision of the Brady
Act that compelled state and local law enforcement officials to perform the background
checks was unconstitutional on 10th amendment grounds. The Court determined that
this provision violated both the concept of federalism and that of the unitary executive.

On the other hand, the Giffords center states: Idaho is not a point of contact state for NICS.
Idaho has no law requiring firearms dealers to initiate a background check prior
to transferring a firearm. In Idaho, all firearms transfers by licensed dealers are
processed directly through the FBI, which enforces the federal purchaser prohibitions ....[NICS]

So somebody `splain the apparent dichotomy here: BC or No BC req'd for FFL transfers ?
Or is it that the STATE doesn't have to do it, but the buyer is still processed through NICS ?
Your conclusion is correct.

If you read the two items you cited, what they're saying is that the original Brady law provision requiring the states to perform a background check pursuant to a federal requirement was unconstitutional. Thus, if the federal government wants all buyers of a handgun to undergo a background check, then it is the responsibility of the federal government to perform the background check. Hence ... FBI and NICS.

Some states are willing (and prefer) to handle the background checks themselves and, if their background check procedure satisfies federal requirements, their check means that the FFL doesn't have to call NICS. I live in such a state. But my carry permit doesn't give me a pass -- my FFL has to call the State Police to get a clearance number for each and every transfer.

If the information from Giffords is correct, Idaho still requires the FFL to call NICS directly. That's not a dichotomy. The SCOTUS ruling was not that requiring a background check is unconstitutional. The ruling was that the feds could not require the states to do the checks for them. Somebody still has to run a background check, and that check has to meet federal requirements.
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Old July 26, 2020, 02:49 PM   #31
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My wife wants to head to Idaho when we retire, I want to head back to my home state of Missouri or back to Indiana maybe Tennessee where I spent a good portion of my life.
I am worried that Idaho will fall like Colorado did within the next decade. It was only 20 years ago that Colorado was a wonderful, blood red state and has since turned into excrement.
Copied from above---

And you want to go to MO???? yuk May have been good 3 mo ago but that is all gone IMHO.
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Old July 27, 2020, 07:29 AM   #32
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https://www.atf.gov/rules-and-regula...y-permit-chart

Pursuant to 18 U.S.C. § 922(t)(3), exempt the holder from the federal background check requirement at the point of sale.


The FBI determines whether a state's permitting process exempts purchasers from background checks, based on the statutory criteria set forth in 18 U.S.C. § 922(t)(3) and 27 C.F.R. § 478.102(d).

https://codes.findlaw.com/us/title-1...-sect-922.html

https://www.law.cornell.edu/cfr/text/27/478.102
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Last edited by RETG; July 27, 2020 at 07:45 AM.
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Old July 28, 2020, 09:31 AM   #33
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Originally Posted by langenc View Post
My wife wants to head to Idaho when we retire, I want to head back to my home state of Missouri or back to Indiana maybe Tennessee where I spent a good portion of my life.
I am worried that Idaho will fall like Colorado did within the next decade. It was only 20 years ago that Colorado was a wonderful, blood red state and has since turned into excrement.
Copied from above---

And you want to go to MO???? yuk May have been good 3 mo ago but that is all gone IMHO.
Any state can potentially become a high tax and overregulated toilet. In general, taxes and laws stick around forever.
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Old July 28, 2020, 04:15 PM   #34
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To the OP: When I lived there, we had bumper stickers that said, "Visit Idaho, the tick fever state". Not that we wanted to discourage visitors, but advertising for people to move there was generally frowned upon. That said, I can't think of a more welcoming place for a new family. And we moved a lot.
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Old July 29, 2020, 07:24 AM   #35
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Originally Posted by sparkyv View Post
Sadly, TX is more restrictive. No CC or open carry (handguns) without permit, and because of the influx of leftist non-Texans due to our booming economy (well at least it had been booming before the Wuhan) we're becoming bluer every day.

I guess that may be because I just always kind of assumed that Texas would’ve not overly long since become a constitutional carry state but I figured they would’ve been one of the very first ones to be that.

But at least Texas is one of the few that I know of that allows anybody to carry a loaded pistol concealed in their vehicle, permit or not from whatever state.


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Old July 29, 2020, 07:36 AM   #36
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Old July 29, 2020, 08:01 AM   #37
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Originally Posted by jimku View Post
When I retired in Washington state I moved to Idaho within two weeks.
I moved here primarily because it is one of the most gun-friendly states in the country.
We have the stand your ground law.
We have the castle doctrine law covering both your home and your vehicle.
Open carry is legal for anyone over 18.
Concealed carry is legal for anyone over 18 without a concealed carry permit.
Concealed carry permits are easily obtainable for reciprocity in neighboring states and most states in the country ... even extremely liberal states (with restrictions). They are issued on a shall-issue basis, not a may-issue basis. They are good for 5 years.
Background checks are done within minutes at gun shops while you wait.
There is no waiting period to buy a gun.
If you have a state-issued CCW permit there is no background check to buy a gun because one was done when they issued you your permit.
It is a deeply red state so those laws are not likely to change any time soon.

I LOVE IDAHO!


Although I will admit, I still am a little bit on the fence about 18-year-olds
being legally recognized to carry but then again, there are some 18-year-olds out there that are more responsible than some 21-year-olds.

But, although it would be nice to not have to wait for a background check to clear you whenever you go buy a new gun, I guess that’s just one of those things to where as long as you’re legally recognized to own and carry a gun that the burden of having to wait for a background check to go through really shouldn’t be a problem. The only time it may take a while is if they find anything questionable on your background check that requires further investigation.

But does Idaho let all the other states that are constitutional carry, carry in their state without a permit as well?


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Old July 29, 2020, 08:12 AM   #38
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Originally Posted by 7.62 man View Post
Indiana is about that good we have to do a back ground check when we buy a new guns but we have lifetime CCLs so no reapplying.
I bet that’s nice. I sure wish Oklahoma would do that because it would sure be nice to not have to keep paying for a new permit every 5 or ten years with only the sole intentions of maintaining being able to carry in a restaurant that serves alcohol and to be able to continue carrying outside the state to the other states that we have reciprocal agreements with.

Oklahoma went full constitutional almost a year ago but it’s almost like it kind of doesn’t even matter because we can’t fully take advantage of it if like I said, if we want to travel outside Oklahoma, or if we want to be able to continue being able to carry in a restaurant that serves alcohol. They still charge the same as they did before when permits were required and you still have to go through all the same hoops as you did before to get that permit.


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Old July 29, 2020, 08:23 AM   #39
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On the fence or not, over 18 means you can carry concealed in Idaho and it was around for a long time; however, till this year it was outside city limits which was ludicrous. So they made it anywhere in the state (other than exemptions applied to all).
And guess what; lived here now for over five years and have not read any articles about a problem with the 18-21 crowd out in the streets playing Ok Corral.

https://www.ag.idaho.gov/office-reso...ealed-weapons/


May I carry a weapon on my person in Idaho?

You may carry a weapon on your person without a concealed weapons license if you are at least 18 years old, a citizen of the United States or a current member of the United States Armed Forces, and you are not disqualified under Idaho law from obtaining a concealed weapons license for a reason other than not having attained 21 years of age. Idaho law imposes additional requirements for persons under the age of 18. See Idaho Code 18-3302E.
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Old July 29, 2020, 09:10 AM   #40
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Quote:
Originally Posted by RETG View Post
On the fence or not, over 18 means you can carry concealed in Idaho and it was around for a long time; however, till this year it was outside city limits which was ludicrous. So they made it anywhere in the state (other than exemptions applied to all).
And guess what; lived here now for over five years and have not read any articles about a problem with the 18-21 crowd out in the streets playing Ok Corral.

https://www.ag.idaho.gov/office-reso...ealed-weapons/


May I carry a weapon on my person in Idaho?

You may carry a weapon on your person without a concealed weapons license if you are at least 18 years old, a citizen of the United States or a current member of the United States Armed Forces, and you are not disqualified under Idaho law from obtaining a concealed weapons license for a reason other than not having attained 21 years of age. Idaho law imposes additional requirements for persons under the age of 18. See Idaho Code 18-3302E.

No need to cite the law regarding it, I believe you when it’s said that 18-year-olds can carry, I just said that I’m a little on the fence about that because I don’t know if I fully agree with a “teenager” being allowed to carry but then again as I said, not all 18-year-olds fall into that demographic of of being considered too young to be responsible.


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Old July 30, 2020, 05:40 AM   #41
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The whole 18/21 thing - - well - just like back in 1970 - old enough to fight, old enough to vote....old enough to die/kill for your country, you're old enough to buy and carry a handgun to protect your life.
(you should also be able to go into a bar & have a beer - but - that overstepping of federal authority is the topic of a whole 'nuther discussion)
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Old July 30, 2020, 05:56 AM   #42
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Originally Posted by Hal View Post
The whole 18/21 thing - - well - just like back in 1970 - old enough to fight, old enough to vote....old enough to die/kill for your country, you're old enough to buy and carry a handgun to protect your life.
(you should also be able to go into a bar & have a beer - but - that overstepping of federal authority is the topic of a whole 'nuther discussion)

I agree but I guess if every 18, 19 and 20 year old could be completely and fully trusted with guns, alcohol and wherever marijuana’s been legalized just the way they can with getting a job, voting, becoming a member of the armed services, living on their own and getting married then I guess there’d be a lot more states that would allow it.

The one thing I totally disagree with is taking away their ability to buy tobacco at 18. Yeah sure, changing it to 21 might stop a few people but if a person wants to smoke or use chewing tobacco, they’re gonna do it regardless of the law.


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Old July 30, 2020, 08:12 AM   #43
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Originally Posted by corneileous
The one thing I totally disagree with is taking away their ability to buy tobacco at 18. Yeah sure, changing it to 21 might stop a few people but if a person wants to smoke or use chewing tobacco, they’re gonna do it regardless of the law.
By the time I reached 18 I had already started smoking and then quit.

I never got carded for alcohol until after I had turned 21 and was legal.
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Old July 30, 2020, 09:14 AM   #44
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Originally Posted by Aguila Blanca View Post
By the time I reached 18 I had already started smoking and then quit.

I never got carded for alcohol until after I had turned 21 and was legal.

Exactly.


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Old July 30, 2020, 07:59 PM   #45
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When I was in the Marine Corps we did some training for a while up in Idaho with the Idaho National Guard. Mostly in the Boise area. Beautiful country. Nice and clean and seemed like there were a lot of good people. I'd go back and stay for a while but it is too close to Yellowstone. About the only superstition I have is that Yellowstone is going to blow sometime in my lifetime and I don't want to be anywhere near it when it does! Nice to hear they have decent gun laws.
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Old July 31, 2020, 08:02 AM   #46
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Yellowstone is going to blow sometime in my lifetime and I don't want to be anywhere near it
If Yellowstone actually does go, it doesn't matter how close or how far away from it you are.
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Old August 1, 2020, 09:53 AM   #47
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Yes, if the Caldera in Yellowstone decides to pop, the only different is how fast you most likely will die. I live nicely in the deep blue area....


I can imagine my guns will be pretty much destroyed or worthless but welcome to come fetch them a few years after the big boom.
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Old August 5, 2020, 08:51 PM   #48
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Funny how folks who live closest to the caldera are quick to claim we will all be goners if it blows anyway.

There are actually several possible scenarios as to the extent of a future eruption.

If it takes me twenty or thirty more years before I die from that thing blowin, I'm good with that.

But thank you for attempting to ease my paranoia anyway.
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Old August 6, 2020, 04:57 AM   #49
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The one thing I totally disagree with is taking away their ability to buy tobacco at 18. Yeah sure, changing it to 21 might stop a few people but if a person wants to smoke or use chewing tobacco, they’re gonna do it regardless of the law.
The devil is in the details of laws like that.
The way those laws are written, they don't punish the actual underage lawbreaker - they punish the seller of the products via heavy fines.

It's a back door form of taxation - one of the very things our founding fathers fought against.
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Old Yesterday, 10:37 AM   #50
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Zoo....believe me, I am not claiming anyone else will but the chance is you and most east of the state will die within a few years of the boom. Based on info from quite a few sources.

Heck there are some who will say it will blow so slowly even many of us in the blue area will have time to head south. But in reality, NO ONE KNOWS.

And I know I am not going to determine where I live or what I do based on fear of something that may never happen in my lifetime. And chance are greater I will be ash floating in the air long before the caldera creates a giant ash storm across the earth.

But please understand, I do not care about you and I am not trying to calm your paranoia.

It's your paranoia, it is your fear, you alone have to learn to live with it.

But I'm wondering where in the USA is there a location that never has any natural disasters or a natural disaster as likely as the Yellowstone caldera?
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