House Bill H0089

2015 Freedom Index Score: (+5)

Analyst: Parrish Miller
Date of analysis: February 4, 2015

ANALYST'S NOTE: House Bill 089 strikes language from Section 18-3302, Idaho Code, which criminalizes
the carrying of a concealed weapon by individuals who have not purchased a license to carry a
concealed weapon. The bill legalizes concealed carry only for individuals who meet the qualifications
necessary to obtain a license to carry a concealed weapon under current law.
The bill maintains the current permitting structure in full, however, for the purpose of reciprocity with
other states and for the additional activities which are allowed only to those who obtain Idaho's
'enhanced' carry permit (such as carrying on public university and college campuses.)
The bill also removes language which creates carve-outs for certain peoplesuch as elected officials and
other specified government employeesto legally carry a concealed weapon without first acquiring a
permit.

Point No. 1 Does it create, expand, or enlarge any agency, board, program, function, or activity of
government? Conversely, does it eliminate or curtail the size or scope of government?
ANALYSIS: House Bill 089 curtails the scope of government by allowing anyone who meets the
qualifications necessary to obtain a license to carry a concealed weapon under current law to
carry a concealed weapon without applying for or paying for a permit. (+1)

Point No. 5 Does it directly or indirectly create or increase any taxes, fees, or other assessments?
Conversely, does it eliminate or reduce any taxes, fees, or other assessments?
ANALYSIS: Under current law, carrying a concealed weapon requires paying a fee of at least $20
plus the cost of fingerprinting and materials. House Bill 089 retains the permitting structure for
the purpose of reciprocity, but removes the obligation to pay the fee in order to legally carry a
concealed weapon. (+1)

Point No. 9 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?
ANALYSIS: Under current law, there is a lengthy list of people who are not subject to the
requirement to secure a license to carry a concealed weapon. This list includes "officials of a
county, city, state of Idaho, the United States, peace officers, guards of any jail, court appointed
attendants or any officer of any express company on duty"; "employees of the adjutant general
and military division of the state where military membership is a condition of employment when
on duty"; "criminal investigators of the attorney general's office, criminal investigators of a
prosecuting attorney's office, prosecutors and their deputies"; "any person outside the limits of
or confines of any city while engaged in lawful hunting, fishing, trapping or other lawful outdoor
activity"; "any publicly elected Idaho official"; "retired peace officers or detention deputies with
at least ten (10) years of service with the state or a political subdivision as a peace officer or
detention deputy and who have been certified by the peace officer standards and training
council"; and "any person who has a valid permit from a state or local law enforcement agency
or court authorizing him to carry a concealed weapon."
House Bill 089 strikes this language which applies the law differently to different people and
applies this freedom equally to all individuals who meet the standards of eligibility currently in
place to obtain a license to carry a concealed weapon. (+1)

Point No. 10 Does it directly or indirectly create or increase penalties for victimless crimes or nonrestorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for
victimless crimes or non-restorative penalties for non-violent crimes?
ANALYSIS: Under current law, it is a misdemeanor to carry a concealed weapon without a
license to carry a concealed weapon even if the individual in question meets the standards of
eligibility currently in place to obtain a license to carry a concealed weapon. House Bill 089
removes this legal impediment by allowing that any person who meets these standards of
eligibility may carry a concealed weapon without needing to obtain a license. (+1)

Point No. 11 Does it violate the spirit or the letter of either the US 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 US Constitution
or the Idaho Constitution?

ANALYSIS: The "right to keep and bear arms" is a fundamental right recognized in the US
Constitution. This right is similarly enshrined in the Idaho State Constitution. While some court
decisions have allowed for restrictions on this right, there are many who believe that the words
"shall not be infringed" actually mean what they say. House Bill 089 helps restore fundamental
protections by removing an existing infringement on the right to keep and bear arms. (+1)