Idaho Makes Nine

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Idaho governor signs concealed carry bill into law

BOISE, Idaho – Gov. Butch Otter signed the bill to allow carrying concealed weapons without a permit inside city limits into law Friday afternoon.

Senate Bill 1389 will allow law-abiding Idahoans who are 21 years or older to carry a concealed firearm statewide without a permit. Permitless carry is already legal outside of city limits for individuals 18 or older, and open carry is currently legal within city limits.

In a letter addressed to the President of the Senate regarding this legislation, Gov. Otter encourages anyone considering concealed carry to take advantage of gun safety and training. The issue is one that has been raised by law enforcement throughout the creation and discussion of this bill.

Technically, this is should read “Idaho governor signs Constitutional Carry bill into law”. Or maybe “Idaho Governor signs permitless carry bill into the law. You get the point.

That makes nine states that now or soon will permit carry without a state issued license, permit, or permission slip. Three states have done this within the last year or so, which I’d take to be a trend.

I agree with the Governor about the benefits of training. Not just on how to use a gun, but when it’s legal and when it’s not. Also, where and when it’s permissible to carry a gun and where it’s not.

The Governor also has a point about the “well regulated” part of the Second Amendment referring to training and proficiency. Which has long been an argument against those who think that it means lots of rules. Original meaning and all that.

While we’re on the topic. There was an interesting decision by the United States District Court for the Northern Mariana Islands. The judge ruled that the total ban on possession of hand guns in the territory violate the Constitution.

You can, and should, read the decision in it’s entirety here.

I’ll quote some of the decision as well. Maybe I should put in a spoiler alert. Or maybe not.

Because the Covenant applies both the Second Amendment and the Due Process and Equal
Protection Clauses of the Fourteenth Amendment of the U.S. Constitution to the CNMI as if it
were a state, and it is unconstitutional for a state to ban handguns for self-defense purposes in the
home or to restrict handgun possession to citizens but not lawful permanent residents, the Court
must grant the Radiches cross-motion for summary judgment as to all counts, and similarly deny
the Defendants’ cross-motion for summary judgment in its entirety.
Accordingly, it is hereby ORDERED that:
1. Plaintiffs’ cross-motion for summary judgment (ECF No. 51) is granted and
Defendants’ cross-motion for summary judgment (ECF No. 50) is denied;
2. The handgun and handgun ammunition ban contained in 6 CMC § 2222(e) is
declared unconstitutional and in violation of the Covenant that incorporated the
Second Amendment to the U.S. Constitution;3. The handgun and handgun ammunition import ban contained in 6 CMC
§ 2222(e) and 6 CMC § 2301(a)(3) is declared unconstitutional and in violation
of the Covenant that incorporated the Second Amendment to the U.S.
Constitution;
4. The prohibition on issuing WICs to lawful permanent residents in 6 CMC
§ 2204(l) is declared unconstitutional and in violation of the Covenant that
incorporated the Fourteenth Amendment to the U.S. Constitution;
5. The implied prohibition on issuing WICs for self-defense, or “family defense”
as stated on the WIC application, is declared unconstitutional and in violation
of the Covenant that incorporated the Second Amendment to the U.S.
Constitution;
6. Defendant Deleon Guerrero, in his official capacity as Commissioner of the
DPS, and Defendant Larson, in her official capacity as the Secretary of the
Department of Finance, are permanently enjoined from enforcing the
unconstitutional handgun and handgun ammunition bans contained in 6 CMC
§§ 2222(e) and 6 CMC § 2301(a)(3) against Plaintiffs;
7. Defendant Deleon Guerrero, in his official capacity as Commissioner of the
DPS, is permanently enjoined from enforcing the prohibition on issuing WICs
to lawful permanent aliens in 6 CMC § 2204(l) against Plaintiff Li-Rong
Radich;
8. Defendant Deleon Guerrero, in his official capacity as Commissioner of the
DPS, is permanently enjoined from refusing to issue WICs to Plaintiffs for selfdefense purposes, or “family defense” as stated on the WIC application;
9. Defendant Deleon Guerrero, in his official capacity as Commissioner of the
DPS, shall issue WICs to Plaintiffs, if he finds that they satisfy the unchallenged
provisions of the Weapons Control Act, no later than 30 days after the
issuance of this Decision and Order; and
10. Plaintiffs are awarded costs and fees pursuant to 42 U.S.C. § 1988:
a.  Plaintiffs shall submit their costs and fees to the Court no later than
April 11, 2016, and
b.  Defendants shall file their response, if any, no later than April 18, 2016.
IT IS SO ORDERED this 28th day of March, 2016.
______________________
RAMONA V. MANGLONA
Chief Judge

Judge Manglona was appointed by Barrack Obama. Maybe he should consider elevating her to the Supreme Court, but I’m not holding my breath.

I expect that the Commonwealth will appeal the decision to the 9th Circuit Court of Appeals, so this tale might not be over. Still, it’s an important decision.

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After a long career as a field EMS provider, I'm now doing all that back office stuff I used to laugh at. Life is full of ironies, isn't it? I still live in the Northeast corner of the United States, although I hope to change that to another part of the country more in tune with my values and beliefs. I still write about EMS, but I'm adding more and more non EMS subject matter. Thanks for visiting.