23rd Anniversary Dinner

Posted on Monday, May 23rd, 2016

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Local Authority to Regulate Firearms in Maine

Posted on Thursday, May 5th, 2016

The Maine Legislature has adopted an express preemption statute which provides:

1. Preemption. The State intends to occupy and preempt the entire field of legislation concerning the regulation of firearms, components, ammunition and supplies. Except as provided in subsection 3, any existing or future order, ordinance, rule or regulation in this field of any political subdivision of the State is void.

2. Regulation restricted. Except as provided in subsection 3, no political subdivision of the State, including, but not limited to, municipalities, counties, townships and village corporations, may adopt any order, ordinance, rule or regulation concerning the sale, purchase, purchase delay, transfer, ownership, use, possession, bearing, transportation, licensing, permitting, registration, taxation or any other matter pertaining to firearms, components, ammunition or supplies.

3. Exception. This section does not prohibit an order, ordinance, rule or regulation of any political subdivision which, with the exception of appropriate civil penalty provisions, conforms exactly with any applicable provision of state law or which regulates the discharge of firearms within a jurisdiction.

4. Law Enforcement Agency. Nothing in this section limits the power of any law enforcement agency to regulate the type and use of firearms issued or authorized by that agency for use by its employees. For the purposes of this section “law enforcement agency” has the same meaning as set forth in section 3701.1

The adoption of express preemption rendered invalid many local ordinances regulating firearms.2 In addition to affecting regulations by cities and counties, section 2011 preempts firearms regulations by municipal agencies or authorities.3

Title 12, § 13201, which relates to inland fisheries and wildlife, states that while a “municipality or political subdivision of the State may not enact any ordinance, law or rule regulating the hunting, trapping or fishing for any species of fish or wildlife,” this restriction on local power does not prohibit the enactment of “any ordinance generally regulating the discharge of firearms in a municipality or any part of a municipality.”

Pursuant to title 30-A, § 3007(5), any municipality adopting or amending a firearm discharge ordinance shall consult with the Maine Department of Inland Fisheries and Wildlife during the process. Furthermore, the area(s) in which the discharge of firearms is prohibited under an ordinance must be described using “clearly defined physical boundaries” as points of reference.4

Maine limits local regulation of shooting ranges. A municipal noise control or other ordinance may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment date of the ordinance, as long as the range conforms to generally accepted gun safety and shooting range operation practices or is constructed in a manner not reasonably expected to allow a projectile to cross the boundary of the range.5 Subject to some limitations, local governments are allowed, however, to regulate the location and construction of new sport shooting ranges or substantial change in use of existing ranges on or after September 1, 2016.6

Maine also prohibits certain civil actions by municipalities against firearms and ammunition manufacturers.7 See the Maine Immunity Statutes/Manufacturer Litigation section for further information.

  1. Me. Stat., 25, § 2011. []
  2. See, e.g., Hilly v. City of Portland, 582 A.2d 1213, 1215 (Me. 1990) (holding that section 2011 preempted a Portland ordinance prohibiting the carrying of guns at night). []
  3. See Doe v. Portland Housing Authority, 656 A.2d 1200, 1203-04 (Me. 1995) (finding that section 2011 preempted a municipal housing authority’s leasing provision which prohibited the possession of firearms on the leased premises). []
  4. Id. []
  5. Me. Stat.,§ 3011(2). []
  6. Id. at (3) and (4). []
  7. Tit. 30-A, § 2005. []

In the Thick of It: 2016’s Busy Legislative Cycle

Posted on Wednesday, May 4th, 2016

georgia-capitol-582

Across the country, new gun legislation is being proposed at a steady pace, and our attorneys are hard at work, writing model laws, educating lawmakers and the public on smart gun laws, and tracking these bills as they wind their way through the legislative system. Last year, we tracked more than 1,300 bills and expect this year to be another busy one for smart gun laws at the state level—not to mention the ballot initiatives that will enable voters to enact lifesaving smart gun laws this November. For a full analysis of this cycle’s firearms legislation, visit our biweekly publication Gun Law Trendwatch.

We’ve started the year with critical victories in key states:

  • In Georgia, Governor Nathan Deal vetoed a deadly bill that would have allowed anyone over 21 to carry a concealed, loaded weapon on college campuses, which would have increased the opportunity for violent shootings.
  • In Nebraska, lawmakers stopped progress on a preemption bill that would have prevented municipalities from enacting lifesaving local laws, like ones that keep guns away from domestic violence shelters and prevent juvenile gang members and the dangerously mentally ill from obtaining deadly weapons.
  • In New Mexico, lawmakers passed powerful, bipartisan legislation to strengthen that state’s background check system by requiring state courts to report mental health records to the National Instant Criminal Background Check System (NICS). Closing this gap in the background checks law will help keep guns from falling into the wrong hands.
  • In Florida, lawmakers stopped progress on an open carry bill, which would have allowed 1.5 million people with concealed weapons permits to openly carry handguns in the Sunshine State.

The most exciting advances for smart gun laws still lie ahead—this November, voters in Maine and Nevada will see initiatives for universal background checks on their ballots. And signatures were recently turned in for two more ballot initiatives: one for Washington State to adopt a gun violence protective order (GVPO) law and another in California to support the Safety for All Act, sponsored by Lt. Governor Gavin Newsom.

We’re also keeping an eye on some extreme examples of gun lobby–sponsored legislation that pose a significant risk to public safety, including an Arizona bill to permit guns in government buildings and a bill in Oklahoma to allow people to carry guns in public without a permit, a top priority in the gun lobby’s deadly agenda.

Our legal experts stand on the front lines of the fight for smart gun laws that save lives—our attorneys track and analyze gun laws in all 50 states, file amicus briefs in critical Second Amendment cases across the country, and work with lawmakers and advocates to craft and promote legislation that will reduce gun violence and save lives. 2016 is shaping up to be another remarkable year for gun safety.

To learn more about the gun laws moving through statehouses this year, check out Gun Law Trendwatch.

Private Sales in Arizona

Posted on Wednesday, May 4th, 2016

Arizona has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer, although no person may knowingly sell or transfer a deadly weapon to a prohibited possessor.1 All sales are also subject to Arizona’s age restrictions. Arizona has no other laws regulating the manner in which guns are sold.

Furthermore, in 2016, the legislature passed a law that prohibits the state or any political subdivision from enacting or implementing any additional fee, tax, assessment, lien, or other encumbrance on the transfer of a firearm between two private, unlicensed parties who are not prohibited from possessing firearms under state or federal law.2

See our Private Sales Policy Summary for a comprehensive discussion of this issue.

  1. Ariz. Rev. Stat. § 13-3102(A)(5). []
  2. Ariz. Rev. Stat. § 44-7852. []

Concealed Weapons Permitting in Florida

Posted on Wednesday, May 4th, 2016

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Florida does not prohibit a person from carrying a concealed firearm on or about his or her person if the person has a license to carry a concealed firearm.1 Florida is a “shall issue” state, meaning that the state Department of Agriculture and Consumer Services must issue a concealed weapons license if the applicant meets certain qualifications. The Department must issue a license to carry a concealed weapon if the applicant:

  •  Is a U.S. resident and a citizen of the United States or a permanent resident alien of the United States, or a certified consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the U.S.;
  • Is 21 years of age or older;
  • Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
  • Is not ineligible to possess a firearm due to a felony conviction;
  • Has not been committed for the abuse of a controlled substance or found guilty of a crime under the Florida drug abuse prevention and control statutes or similar laws of any other state relating to controlled substances within the previous three years;
  • Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. An applicant is presumed to chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if, within the previous three years, the applicant:
    • Was committed under Florida’s substance abuse services provisions or similar laws of any other state;
    • Was convicted of using a firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances;
    • Was deemed a habitual offender for disorderly intoxication; or
    • Has two or more convictions for driving under the influence;
  • Desires a legal means to carry a concealed weapon or firearm for lawful self-defense;
  • Demonstrates competence with a firearm (see below);
  • Has not been adjudicated an incapacitated person, unless five years have elapsed since the applicant’s restoration to capacity by court order;
  • Has not been committed to a mental institution, unless the applicant produces a certificate from a licensed psychiatrist stating that he or she has not suffered from disability for at least five years prior;
  • Has not had an adjudication of guilt withheld or the imposition of a sentence suspended on any felony unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred;
  • Has not had an adjudication of guilt withheld or the imposition of a sentence suspended on any misdemeanor crime of domestic violence unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged;
  • Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and
  • Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law.2

In addition, the Department must deny a license if the applicant has been found guilty of, had an adjudication of guilt withheld for, or had the imposition of a sentence suspended for one or more crimes of violence constituting a misdemeanor, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged.3 The Department must issue a license or deny an application within 90 days after receiving the application materials.4 If the Department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation can be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights.5

Firearm Safety Training

An applicant for a Florida concealed firearms license must demonstrate competence with a firearm through one of the following methods:

  • Completion of a hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state;
  • Completion of a National Rifle Association firearms safety or training course, or a firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;
  • Completion of a firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services;
  • Completion of a law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement; or
  • Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service.6

Duration & Renewal

Florida concealed firearms licenses are valid for a period of seven years from the date of issue.7 The Department must mail to the licensee a renewal form no less than 90 days before the expiration date of the license.8 A person whose license has been permanently expired may reapply for licensure; however, a full application must be submitted and background investigation conducted.9

Disclosure or Use of Information

Personal identifying information of an individual who has applied for or received a license to carry a concealed firearm held by the Department is confidential and exempt from state public records provisions and access to public records and meetings provisions.10 The Department maintains an automated listing of license holders and related pertinent information, and such information is available on-line, upon request, at all times to law enforcement agencies through the Florida Crime Information Center.11

Reciprocity

A resident of the United States who is a non-resident of Florida may carry a concealed firearm while in Florida, provided that:

  • The non-resident is 21 years of age or older, and has in her or his immediate possession a valid license to carry a concealed firearm issued to the non-resident in her or his state of residence; and
  • The non-resident’s state of residence honors Florida concealed firearm licenses.12
  1. A person who carries a concealed firearm on or about his or her person without a license commits a felony of the third degree, although this restriction does not apply to a person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor or by a local authority. Fla. Stat. § 790.01(2), (3). Note, too, that the license requirements of Fla. Stat. § 790.06 do not apply in various circumstances involving military personnel, law enforcement officers, government employees, security guards, messengers, regularly enrolled members of shooting or firearms collecting clubs (while at or going to/from club events), persons “engaged in fishing, camping, or lawful hunting” (or while going to/from such expeditions), or persons possessing arms at their home or place of business, among others. Fla. Stat. § 790.25(3). []
  2. Fla. Stat. § 790.06(2). A license may be suspended or revoked per Fla. Stat. § 790.06(3), (10). []
  3. Fla. Stat. § 790.06(3). Application and other license requirements are detailed under Fla. Stat. § 790.06. []
  4. Fla. Stat. § 790.06(6)(c). []
  5. Fla. Stat. § 790.06(6)(c)(3). []
  6. Fla. Stat. § 790.06(2)(h). []
  7. Fla. Stat. § 790.06(1). []
  8. Fla. Stat. § 790.06(11). []
  9. Id. []
  10. Fla. Stat. § 790.0601(1). Information made confidential and exempt must be disclosed: 1) With the express written consent of the applicant or licensee or his or her legally authorized representative; 2) By court order upon a showing of good cause; or 3) Upon request by a law enforcement agency in connection with the performance of lawful duties, including access to any automated database containing such information maintained by the Department. Fla. Stat. § 790.0601(2). []
  11. Fla. Stat. § 790.06(7). []
  12. Fla. Stat. § 790.015. A list of states that honor Florida concealed firearm licenses is posted on the Concealed Carry Reciprocity page of the Florida Department of Agriculture and Consumer Services, Division of Licensing. []

Minimum Age to Purchase & Possess in Idaho

Posted on Tuesday, May 3rd, 2016

Idaho prohibits any person under age 18 from possessing any handgun.1 In addition, anyone under age 18 is prohibited from possessing a weapon (defined under state law to include any “pistol, revolver or gun”) unless he or she: 1) has the written permission of his or her parent or guardian to possess the weapon; or 2) is accompanied by his or her parent or guardian while he or she possesses the weapon.2 Any person under age 12 in possession of a weapon must be accompanied by an adult.3

The possession prohibitions concerning minors do not apply to any:

  • Patron firing at a lawfully operated target concession at an amusement park or similar location, provided that the firearm to be used is firmly chained or affixed to the counter;
  • Person in attendance at a hunter’s safety course or a firearms safety course, including while traveling to or from these activities with an unloaded firearm;
  • Person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law, including while traveling to or from these locations with an unloaded firearm;
  • Person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition, including while traveling to or from these activities with an unloaded firearm;
  • Minor under age 18 who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of the law, including while traveling to or from the location with an unloaded firearm; or
  • Resident or non-resident hunters with a valid hunting license or other persons who are lawfully engaged in hunting, including while traveling to or from such hunting activities with an unloaded firearm.4

In addition, no person under age 12 shall have in his or her possession any shotgun, rifle or other firearm while in the fields or forests or in any tent, camp, auto or any other vehicle in the state of Idaho, except that the holder of a youth small game license or youth hunter education graduate license, if accompanied by an adult licensed to hunt in Idaho, may possess a firearm for hunting while in the fields or forests.5

Additionally, as of July 1, 2016, state law requires the sheriff of a county to issue a license to carry a concealed weapon to those applicants between the ages of eighteen (18) and twenty-one (21) years who meet the eligibility requirements of Idaho Code Ann. section 18-3302K.6

Federal law prohibits the sale by a licensed firearms dealer of a handgun or handgun ammunition to anyone under age 21.7 This provision does not prohibit private sellers (sellers not federally licensed) from selling handguns and handgun ammunition to persons under age 21, however.

For additional information, see the Idaho Trafficking section.

See our Minimum Age to Purchase / Possess Firearms policy summary for a comprehensive discussion of this issue.

  1. Idaho Code Ann. § 18-3302F(1). []
  2. Idaho Code Ann. § 18-3302E(1); see also Idaho Code Ann. § 18-3302A. []
  3. Idaho Code Ann. § 18-3302E(2). []
  4. Idaho Code Ann. § 18-3302G. []
  5. Idaho Code Ann. § 36-1508(b). []
  6. Idaho Code Ann. § 18-3302(20). []
  7. 18 U.S.C. § 922(b)(1), (c)(1). []

Concealed Weapons Permitting in Idaho

Posted on Tuesday, May 3rd, 2016

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

In 2016, Idaho enacted a law allowing an individual to carry a hidden, loaded handgun in public without a permit provided the individual is:

  • Over twenty-one (21) years of age; and
  • A resident of Idaho.1

Additionally, the individual must not be:

  • Ineligible to own, possess or receive a firearm under state or federal law;
  • Formally charged with a crime punishable by imprisonment for a term exceeding one year;
  • Adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one year;
  • A fugitive from justice;
  • An unlawful user of marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined by federal law;2
  • Currently suffering from, or has been adjudicated as having suffered from any of the following based on substantial evidence (unless the person has successfully petitioned for relief from the firearm prohibition):
    • Lacking mental capacity, per state law;3
    • Mentally ill, per state law;4
    • Gravely disabled, per state law;5
    • An incapacitated person, per state law;6
    • Someone who has been discharged from the Armed Forces under dishonorable conditions;
  • Someone who has received a withheld judgment or suspended sentence for punishable by imprisonment for a term exceeding one (1) year, unless the person has successfully completed probation;
  • Someone who has received a period of probation after having been adjudicated guilty of, or received a withheld judgment for, a misdemeanor offense that has as an element the intentional use, attempted use or threatened use of physical force against the person or property of another, unless the person has successfully completed probation;
  • An alien illegally in the United States;
  • Someone who has renounced his or her U.S. citizenship;
  • Free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify her or him from obtaining a concealed weapons license; or
  • Subject to a protection order issued under state law that restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.7

Concealed Carry Licenses 

The 2016 law retains the licensing process to allow individuals who wish to carry concealed handguns outside of Idaho to do so in states that require licenses. Whether the state recognizes Idaho permits, however, depends on the law of that state.

Under the 2016 law, individuals between the ages of 18 and 21 may also obtain a license to carry a loaded, concealed handgun8. Individuals over 18 years of age, however, are not required to have a license to carry a concealed handgun outside the limits of or confines of any city, if the person is not otherwise disqualified.9

Idaho is a “shall issue” state, meaning that a county sheriff must issue a concealed weapons license if an applicant meets certain qualifications.10

Any person applying for original issuance of a license to carry concealed weapons must submit his fingerprints with the completed license application. Within five days after the filing of an application, the sheriff must forward the applicant’s completed license application and fingerprints to the Idaho State Police.11 The State Police must conduct a national fingerprint-based records check, an inquiry through the NICS database, and a check of any applicable state database, including a check for any mental health records for conditions or commitments that would disqualify a person from possessing a firearm under state or federal law, and return the results to the sheriff within 60 days.12

Additional application requirements, as well as permit suspension and disqualification information, are detailed under Idaho Code Ann. § 18-3302.))

Firearm Safety Training

A county sheriff may also require an applicant to demonstrate familiarity with a firearm.13 An applicant may meet demonstrate familiarity if he or she “[i]s licensed or has been licensed to carry a firearm in [Idaho] or a county or municipality, unless the license has been revoked for cause.”14

Duration & Renewal

Idaho concealed weapons licenses are valid for five years from the date of issuance.15 Licenses may be renewed for five-year periods, and renewal applicants must complete an application and undergo a new background check.16

Disclosure or Use of Information

Upon issuing a license under the state law, the county sheriff will notify the ISP on a form or in a manner prescribed by the ISP.17 Information relating to an applicant or licensee received or maintained pursuant to state law by the county sheriff or ISP is confidential and exempt from disclosure under state law.18

Idaho also makes confidential any information relating to a retired law enforcement officer that is maintained or received pursuant to a concealed weapon permit or application for a permit.19

Reciprocity

Any person who has a valid permit from a state or local law enforcement agency or court authorizing him or her to carry a concealed weapon in another state does not need to obtain a concealed weapons license under state law.20 However, a permit issued in another state will only be considered valid if the permit is in the licensee’s physical possession.21 Under state law, the state attorney general is required to negotiate reciprocal agreements with other states in order to recognize out-of-state licenses to carry concealed firearms.22

For a list of states with which Idaho has signed formal reciprocity agreements, see the Idaho Permit Reciprocity page, maintained by the Idaho Attorney General.

Enhanced Licenses to Carry Concealed Weapons

Idaho enacted a law in 2015 providing for the issuance of “enhanced” licenses to carry concealed weapons.23 The rules and application procedures applicable to licensed to carry concealed weapons above are generally applicable to enhanced licenses as well, except that enhanced license holders must also be over the age of 21, have been a legal resident of the state of Idaho for at least six consecutive months immediately before applying for a license, and must have successfully completed a qualifying handgun course within the 12 month period immediately preceding filing the application.24 County sheriffs must issue an enhanced license to applicants who meet these qualifications.25

 

  1. Idaho Code Ann. § 18-3302(3)(f). []
  2. See 21 U.S.C. § 802. []
  3. Idaho Code Ann. § 18-210. []
  4. See Idaho Code Ann. § 66-317. []
  5. See Idaho Code Ann. § 66-317. []
  6. See Idaho Code Ann. § 15-5-101(a). []
  7. Idaho Code Ann. § 18-3302(11). []
  8. Idaho Code Ann. § 18-3302(20). []
  9. Idaho Code Ann. § 18-3302(3)(d). []
  10. Idaho Code Ann. § 18-3302(7), (20). []
  11. Idaho Code Ann. § 18-3302(10). []
  12. Id. []
  13. Idaho Code Ann. § 18-3302(9). []
  14. Id. []
  15. Idaho Code Ann. § 18-3302(7). []
  16. Idaho Code Ann. § 18-3302(16). []
  17. Idaho Code Ann. § 18-3302(1), See Idaho Code Ann. § 18-3302. []
  18. Idaho Code Ann. § 18-3302(1). See Idaho Code Ann. §§ 18-3302, 9-338. []
  19. Idaho Code Ann. §§ 18-3302H(14), 9-340B. []
  20. Idaho Code Ann. § 18-3302(5)(g). []
  21. Id. []
  22. Idaho Code Ann. § 18-3302(23). []
  23. 2015 ID H.B. 301, enacting Idaho Code Ann. § 18-3302K. []
  24. Idaho Code Ann. § 18-3302K(4). Requirements regarding qualifying handgun courses are outlined in Idaho Code Ann. § 18-3302K(4)(c). []
  25. Idaho Code Ann. § 18-3302K(1). []

Guns in Schools in Idaho

Posted on Tuesday, May 3rd, 2016

Idaho prohibits any person from possessing a firearm on the property of a private or public elementary or secondary school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school, or while riding school provided transportation.1

Exceptions to this prohibition include: 1) a person who lawfully possesses a firearm as part of a program, event, activity or other circumstance approved by the school board of trustees or governing board; 2) any adult not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm secured and locked in his or her vehicle; 3) a person who lawfully possesses a firearm in a private vehicle while delivering minor children, students or school employees to and from school or a school activity;2 and 4) any person who is authorized by a person, board or other entity having authority over the building or facility to carry a concealed weapon.3

In addition, the board of trustees shall expel for a period of not less than one year, or may deny enrollment to, a student who possessed a firearm on school property. The board may modify the expulsion or denial of enrollment order on a case-by-case basis.4

Idaho authorizes the Board of Regents of the University of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of community colleges to prescribe rules and regulations relating to firearms, although this authority does not extend to enhanced concealed carry permit holders.5 Idaho law also generally prohibits a person, including a concealed carry permit holder, from carrying a concealed weapon within a student dormitory or residence hall, or within the building of a “public entertainment facility” owned by a college or university (theaters, auditoriums, sports arenas, etc., with a seating capacity of at least 1,000) provided that proper signage is conspicuously posted at each public entrance to the facility notifying attendees of any restriction on the possession of firearms in the facility during the game or event.6

See our Guns in Schools policy summary for a comprehensive discussion of this issue.

 

  1. Idaho Code Ann. §§ 18-3302D(1)(a), (b), 18-3302C; see also Idaho Code Ann. § 18-3302D(1)(a). []
  2. See Idaho Code Ann. § 18-3302D(4). []
  3. Idaho Code Ann. § 18-3302C. []
  4. Idaho Code Ann. § 33-205. []
  5. Idaho Code Ann. § 18-3309. []
  6. Id. These restrictions are subject to limited exceptions, and do not apply to a person who possesses a firearm in a private vehicle while delivering students, employees or other persons to and from a university, college or public entertainment facility. Id. []

Under the Gun Screening Invitation

Posted on Wednesday, April 20th, 2016

Adobe Photoshop PDF

Open Carrying in Arkansas

Posted on Monday, April 18th, 2016

Arkansas does not allow a handgun to be carried on or about the person, openly or concealed, if it is “readily available for use with a purpose to attempt to unlawfully employ [it] as a weapon against a person.”1 The statute does not apply if, at the time of the act of carrying a handgun, the person is:

  • In his or her own dwelling, place of business (excluding a “vehicular business” such as a taxi cab or other motor vehicle used for commercial purposes;2) or on property in which he or she has a possessory or proprietary interest;
  • Assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of official duties pursuant to [their] direction or request;
  • Carrying a weapon when upon a journey;3. However, a firearm may not be carried through a commercial airport at the security checkpoint or in the person’s checked baggage if it is not a lawfully declared weapon.4
  • Hunting game with a handgun under rules and regulations of the Arkansas State Game and Fish Commission, or is en route to or from a hunting area for the purpose of hunting game with a handgun;
  • In a motor vehicle and the holder of a valid license to carry a concealed weapon.5

See our Open Carrying policy summary for a comprehensive discussion of this issue.

  1. Ark. Code Ann. § 5-73-120(a). See also Ark. Att’y Gen. Op. No. 2015-064 (Aug. 28, 2015)(interpreting § 5-73-120(a) to allow a person to carry a handgun openly, but not concealed, without a permit so long as he or she does not have a purpose to attempt to unlawfully employ the handgun against a person. []
  2. See Boston v. State, 952 S.W.2d 671 (Ark. 1997). []
  3. See Riggins v. State, 703 S.W.2d 463, 464 (Ark. Ct. App. 1986), “[a] journey has long been defined as ‘where one travels a distance from home sufficient to carry him beyond the circle of his neighbors and general acquaintances and outside of the routine of his daily business…'” (citations omitted []
  4. Id., See also Ark. Att’y Gen. Op. No. 2015-064 (Aug. 28, 2015)(interpreting the journey exception to apply when a person is in the process of traveling by vehicle outside his or her county and only while the handgun remains in a vehicle. []
  5. Ark. Code Ann. § 5-73-120(c). []