Discussion in 'Legal' started by hitbackfirst, Apr 30, 2008.
Originally posted on the OpenCarry.org Idaho forum:
Original thread here:
One of the reasons I carry openly a lot of the time is that I'm ready, willing, and able to stand up for the right to keep and bear arms.
The Bill of Rights doesn't refer to the "right to keep and bear arms except when it offends public servants." It refers to the right to keep and bear arms.
My question is, how was this municpal code, that the city attorney knew (or should have, that's is job) violated state law, ever passed? If it was on the books before state pre-emption was passed, that make a little more sense, but still, dont the taxpayers pay these people to see that thier laws are legal and enforceable? That doesnt sound like its too much to expect, or is out of line, to me.Also, I find it hard to beleive that when pre-emption passed, no one thought to check to make sure they didnt have any conflicting laws on the books,if they didnt know it already. For example, isnt it the city attorney's job by definition, to know what the cities laws are? Sounds like they tried to pull a scam and hope it went unnoticed, or they are just horribly incompetant. Neither one would surpise me when it comes to govt.,but neither makes them look to good either.
That was a good read. It was certainly an ideal situation, far from the norm. Regardless, it shows what we as citizens can actually do to enforce our rights.
Can you imagine if this had happened in a place like New York City or Chicago? We'd likely be talking about a guy who tried to open carry in a library who was shot more than 40-50 times by the cops, after they beat him up and took his firearm away. OK, that's a little overboard. Sorry.
" SB1381 will codify into law that no county, city, or local government body can regulate the sale, acquisition, transfer, carry, and storage of firearms, adding them to the existing points of preemption. The bill will also make clear that ammunition and firearm components are only to be regulated by the State of Idaho, not by local entities." (NRA-ILA)
SB1381 would have allowed campus carry which faced too much opposition so it was removed and the rest became SB1441 signed 03/28.
I am impressed that the situation was handled so well. I don't know if I could have acted with that calm confidence. Of course, I doubt that the local cops here would have handled this with the calm confidence displayed by these Boise officers, either.
At least that is what the U of I president wanted in Moscow Idaho..
The actor had a teammate, who had a state senator ready to go. They had a game plan--they were not shooting from the hip.
Sorry, they did remove the campus carry portion and the remaining preemption stuff became 1441 which was signed 03/28.
A very well documented event thanks for posting.
in most states, it is totally legal for a city to pass a law the violates state law... it is only after they enforce it that it becomes a problem... look at what philly just did with their gun laws...
the guy is lucky that he didnt spend 2 days in the city jail trying to explain the situation instead of doing it on the sidewalk like that...
As I stated in the original post I was not involved in this incident. I am just posting this information here so that more people can know about it.
If you want to reply to the people involved, please post on the original thread on the OpenCarry.org Idaho Forum.
Having a laminated cheat sheet in my wallet would be the thing to have? Anyone know more about the background of these statutes?
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