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  #21  
Old 08-21-2009, 03:46 AM
steveUSMC2/2
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Just Google WV guns laws. and follow those because they vary greatly from state to state
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  #22  
Old 08-21-2009, 03:48 AM
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Originally Posted by MoviePropMaster2008 View Post
Depends if you're going from worse to worst!
That's what I mean.
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  #23  
Old 08-22-2009, 07:34 PM
Jcordell Jcordell is offline
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In Idaho Open Carry is legal with some restrictions. Schools, courthouses, Federal buildings etc. You are not required to tell an officer that you are carrying or that you have a gun in your vehicle. If I stop you for a traffic violation and run your driver license I will also be notifed that you have a Concealed Carry License.

You can have a firearm concealed in your vehicle without a permit. But if for some reason I end up searching your vehicle and find that firearm and that firearm is loaded and you don't have a CCL then I'll be charging you for a weapons violation. If you have a CCL then you'll have no worries.

I know it's a weird law. The NRA (I'm a member) tried to get it changed a few years ago, but we (the cops- many who are members of the NRA) lobbied against it. It's a great tool to use against gangbangers. I did my part by contacting the NRA and explained to the organization why we needed the law. The NRA withdrew it's support after realizing that Idaho law enforcement needed the law.

Last night I was on a traffic stop and there was a pump action shotgun laying in the back of the vehicle. We didn't freak out and get all crazy. We just told the driver to be careful and not make any unexpected movements towards it. He laughed and responded that he might be a bad driver but he isn't stupid. Gave him a warning and sent him on his way.

Idaho is a "Shall Issue State" but the sheriffs have the authority to put requirements in place before issuing a permit. In my county you have to attend a concealed carry class. However if you can show that you have extensive experience with handguns the sheriff will make an exception. For example you have attended Thunder Ranch, Front Sight etc. You were or are a cop. You had a permit in another state (Idaho recognizes permits issued by all other states as well as Puerto Rico and Guam), you were in the military and carried a handgun routinely as part of your duty etc.

In Idaho if you have a permit, are carrying and go into a bar and drink you will lose your permit and you will go to jail. I've taken guys to jail for that very offense.

Also if you are charged with "brandishing" your concealed firearm you will go to jail and lose your permit. Say you get into an argument with a neighbor and decide to pull out your Glock 26 to make a point or just pull back your jacket and say "See that bitch?" That is brandishing and it's stupid.

If you are charged with domestic battery you will go to jail and lose your permit. Well you get the picture.

I have a CCL not because I need one to carry concealed. As a cop I can carry concealed across the United States legally. That's a Federal law. But with a CCL in Idaho a gundealer dosen't have to call Washington D.C. to make sure I can purchase a firearm. It saves everybody some hassle. Not all states are like that however.

Airplane travel is a whole different matter. That's Federal and you better do your research. The Feds will screw you hard when it comes to weapon offenses.
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  #24  
Old 08-23-2009, 03:02 AM
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If you are charged with domestic battery you will go to jail and lose your permit. Well you get the picture.
One guy had to sell his Ruger KP90 to my dad's shop because he couldn't keep it over domestic disputes (I think his wife called 911 on him during an argument or something).
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  #25  
Old 08-24-2009, 02:35 AM
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AdAstra2009 AdAstra2009 is offline
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Originally Posted by Checkman View Post

decide to pull out your Glock 26 to make a point or just pull back your jacket and say "See that bitch?" That is brandishing and it's stupid.
What about "brandishing" against some you think may be an attacker (like if you feel threatened by some stranger harassing you in some desolate carpark or something)
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  #26  
Old 08-24-2009, 04:00 AM
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What about "brandishing" against some you think may be an attacker (like if you feel threatened by some stranger harassing you in some desolate carpark or something)
Well since I'm not going to waste my time checking on any other state's penal code, the last time I checked, CALIFORNIA's penal code explicitly states that an exception to being punished for 'brandishment' is a reasonable expectation of a threat to your life or the lives of others. So Brandishing is a no no unless you are defending your life or the lives of others. If the guy is just being weird or mouthing off to you, a prosecutor can nail you. If the guy is running at you with a knife, and you brandish a weapon, and he runs off, the penal code says that this is an exception and a "defense against prosecution"....note how they don't say that you can't BE prosecuted. Just that this is a legally accepted defense against prosecution.
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  #27  
Old 08-24-2009, 04:51 AM
Jcordell Jcordell is offline
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Originally Posted by AdAstra2009 View Post
What about "brandishing" against some you think may be an attacker (like if you feel threatened by some stranger harassing you in some desolate carpark or something)
AdAstra there is a difference between deploying your firearm because you're in a situation in which you believe your life might be in danger like somebody threatning you with a weapon etc and flashing your handgun at some people that you don't like and are trying to intimidate them.

Or having had too much alcohol and decide that it would be a great idea to pull out your handgun to "impress" everyone.


And yes there is a very good possibility that you might think somebody is a threat to you, you unholster your handgun and then the threat/suspect calls 911 and wants to file a criminal complaint against you for Aggravated Assault.

Does this mean that you are going to be found guilty and automatically lose your permit? No. An investigation would be conducted and the Prosecuting Attorney would make the decision to go to court or not to go to court.

That's how it works. It might not strike you as fair or very satisfying but that's the law. At least that's how we would and do work it in Idaho. Can't speak for Maryland which I know hates gunowners. Sorry.

I'm sure there is somebody who has a horror story about how the cops were assholes and confiscated the CCW holders sidearm and then the handgun vanished and couldn't be accounted for. If you go to The Hgih Road you'll think that there are hundreds of thousands of law abiding gun owners who have their legally owned handguns illegally confiscated and stolen by the cops across the U.S.A.

Well the few times I confiscated a legally owned firearm I returned it once the case was closed and the owner could own it. Obviously there are exceptions.
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  #28  
Old 08-26-2009, 07:19 AM
ShootingJames ShootingJames is offline
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I have always found that when I feel lacking in my states gun laws I go to the experts. Which means anyone but a patrol officer. I have found that police officers are generally not that informative about the law, believe it or not.

If you're interested in having your gun in your car often, call around to local gun shops or look for local gun shows and schedule a CCW class. They usually have a small fee, and attending these classes is always pretty informative about your state gun laws. And don't get shy in the class. Ask the stupid questions, ask the smart questions, and open a dialogue with your instructor about legal matters where your handgun is concerned.

GET THE CCW. Then learn where you can carry and cannot.

It also helps to be a social person while at the local range. Chat with the people who buy and sell guns, and shoot as often as you can. If you don't have a lot of experience with handguns, get a lot of experience.

I've found there are always some great classes being given for live fire instruction for home protection, self defense with your handgun, firing from your car, etc. But you have to seek those out. It's worth it.

I've had a CCW in Florida, and in Pennsylvania. They are worth the time and investment.
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