Senate

Bill 1389
2016 Freedom Index Score (+4)
Analyst: Fred Birnbaum
Date: March 10, 2016

ANALYST'S NOTE: Senate Bill 1389 would make concealed carry laws in Idaho consistent inside and
outside of city limits. Under existing law, no concealed carry permit is required outside of city limits, but
one is required within city limits. The current law makes it a crime for a person who is lawfully carrying a
concealed weapon outside a city limit to step inside the city limit if that person does not possess a
permit. More directly, if approved, this bill would give Idahoans a permitless concealed-carry system in
Idaho.
Senate Bill 1389 is a major step forward in Idahoans right to carry weapons without permit fees or fear
that crossing an arbitrary geographical boundary may lead to their arrest. The bill also allows individuals
between the ages of 18 and 21 years of age to apply for a concealed-carry permit pursuant to a may-
issue requirement that the permit be granted by the county sheriff should those persons meet
concealed-carry qualifications.

Point No. 5: Does it eliminate or reduce any taxes, fees, or other assessments?
ANALYSIS: SB 1389 makes it possible for Idahoans to not pay fees to obtain a concealed weapons
permit if they want to carry concealed weapons but dont wish to purchase a permit. Permits are
still available for those who seek multi-state reciprocity. (+1)

Point No. 10: Does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for
non-violent crimes?
ANALYSIS: Senate Bill 1389 eliminates the distinction between the requirement for a concealed
carry permit inside of city limits and that of no requirement outside a city limit. Under current
law, it is a crime to carry a concealed weapon inside a city limit without a permit. (+1)

Point No. 11 Does it restore or uphold the protections guaranteed in the US Constitution or the Idaho
Constitution?

ANALYSIS: SB 1389 extends the protections guaranteed to Idaho citizens under Article I, Section
11 of the state constitution. (+1). SB 1389, by shifting the permit requirement from may-issue to
shall-issue for those Idaho citizens between the ages of 18 and 21 years of age, is also an
enhancement to the rights of this class of citizens. (+1)