House Bill 394 — Concealed weapons, legal residents

House Bill 394 — Concealed weapons, legal residents

by
Parrish Miller
February 6, 2020
Parrish Miller
February 6, 2020

Bill description: HB 394 allows U.S. residents who meet certain legal criteria to carry a concealed handgun within city limits in Idaho.

Rating: +3

Does it violate the principle of equal protection under the law? Examples include laws which discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?

Current Idaho law sets one set of legal requirements for Idaho residents who want to carry a concealed handgun within city limits, and another set for other U.S. residents. HB 394 brings these disparate requirements into conformity with each other.

(+1)

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Under current Idaho law, a U.S. resident who is not an Idaho resident is allowed to carry a concealed handgun in the 99.1% of Idaho that is outside city limits. However, the non-Idaho resident who crosses into city limits while carrying a concealed handgun would face the potential of criminal charges. HB 394 removes the threat of criminal charges for a victimless act by allowing all U.S. residents who meet certain legal criteria to carry a concealed handgun within city limits in Idaho.

(+1)

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?


HB 394 brings Idaho law into greater compliance with the constitutional guarantee that the right of the people to keep and bear arms shall not be infringed.

(+1)

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