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When is a concealed weapons license not needed in Idaho?

On Behalf of | Jan 18, 2023 | Criminal Defense

Most gun owners in Idaho are responsible and adhere to the law. This is also true for those who choose to carry a concealed weapon either on their person or in their vehicle.

The national news has been reporting on the ongoing changes to the law regarding weapons. This is causing unfounded fear and it is leading to a misunderstanding of what is legal and illegal.

People who are concerned about their right to carry a weapon or are facing criminal charges related to this law should be aware of precisely what they can and cannot do. In Idaho, the law is generally liberal when it comes to carrying a concealed weapon meaning it is allowed in most circumstances.

However, there are times when it is not allowed and people can be arrested and charged because of it. Knowing the exact law and what can be done if an arrest is made and charges are filed is imperative to avoid the negative consequences of a conviction.

Six circumstances when a concealed weapons license is not necessary

Idaho is clear about its concealed weapons laws. Still, people might make mistakes or be wrongfully accused of violating the law. Knowing the basics is key to avoiding arrest and creating a reasonable defense if an arrest is made.

People 18 and older who are not disqualified from having a carry permit are legally allowed to have a concealed weapon in the state.

Of course, there are certain areas where this is not allowed. That includes a courthouse, a jail or schools unless the person is authorized. Some instances when people can be arrested in these situations is if they were unaware they were on the grounds or were did not know this part of the law.

There is no need for a concealed weapons license to carry in the following cases: if the weapon is in plain sight; if it is a lawful rifle or shotgun; if the weapon is concealed inside a motor vehicle; if it is not loaded and in a secure case; if it is disassembled or altered in such a way that it cannot be used immediately; and if the weapon is held by a person who is 18 or older, is a U.S. citizen or in the U.S. armed forces, and is not disqualified from holding a weapon under the law.

It is essential to remember that a person who is intoxicated or under the influence in any way is prohibited from carrying a concealed weapon. Like charges for driving under the influence, a person might find themselves accused when they were not really under the influence or there is a reasonable explanation for appearing to be under the influence. This could be fundamental to a weapons defense.

Experienced help

People who are accused of weapons violations will inevitably be fearful about the future. Not only might a criminal conviction have negative repercussions legally, but it can harm them personally and financially as well.

For example, being convicted of a felony generally needs to be disclosed when seeking a job, when trying to enter the military or to get into a secondary educational institution. Some people want to get employment where they need a clean record and are facing the prospect of their plans being sabotaged by a weapons charge.

The entire case needs to be assessed to determine the viability of the evidence and if there are avenues available to have the charges dropped or reduced. Facing these challenges alone can be daunting. Having skilled legal advice from professionals who understand the perspective of law enforcement and prosecutors while being compassionate and aggressive in crafting a criminal defense can make a major difference in achieving a positive outcome.