I went inside the building and found the rules.
The following acts are prohibited:
Discharging firearms or fireworks.
Section 40-312, idaho code and 39.03.50, rules governing safety rest areas.
It appears to me they don't want firearms out on the trails. The rest area and parking they don't want firearms discharged.
VBK ~
When qualifying either a statue or rule or other such gov't element, do provide a link to such; this makes it easier for all when reading to be able to reference cited and/or noted materials.
Idaho Code §40-312 does not "expressly authorize" the Department of Transportation to "regulate" (policy, rule, etc) the carrying of a firearm.
The Idaho Department of Transportation "rule" regarding the discharge of firearms, that being found in their rules at this link (
http://adminrules.idaho.gov/rules/current/39/0350.pdf) is actually 39.03.05.100.05, and was passed in 1990.
This rule is preempted by
Idaho Code §18-3302(J)(2), which was passed in 2008, thus making the rule moot/no longer enforceable.
Of all that I read (statutes, etc.), I conclude that ITD can't even set a policy of the discharge of a firearm at rest-stops, though anyone discharging a firearm at a rest stop for other than defending of life would be a downright foolish thing to do.
A request can (and should) be sent to the Department of Transportation Director and Deputy Director qualifying to them that they need to "update" their Rules by removing 39.03.50, Section 100.05. The request should state that they are no longer "expressly authorized by state statute" to have such a rule.
Such a request is best sent by a person or persons directly affected by this now-mistaken rule, that being a person(s) who frequents the area, the rest stop in this case, wherein the sign gives mistaken information, that being the unauthorized posted "Firearms Prohibited". The specific qualifier is that, when Person #1 is lawfully carrying and Person #2 saw such, recalls the "Firearms Prohibited" sign, and then calls 911 to "report" a suspected "crime," resources (police, etc.) would be wrongfully dispatched to a lawful "event" when such resources could've been used for a true and potential life-threatening event. Include a picture of the sign, as well.
Such a person writing this request is more than welcome to denote such a real-world instance wherein a person was lawfully carrying in a city park wherein there were >ahem< "mistakenly" posted "Firearms Prohibited" signs. Another person in the park dialed 911 to report what they thought was that of unlawful carry and 5 officers showed up. Less than 1,500 feet away a woman was being choked in the nearby Wal-mart parking lot. These events occurred in June, 2012, in a major Treasure Valley city. The next day, the signs were removed from the park, with exceeding evidence such was done with unbridled haste.
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Life is Precious.
CarryTheTruth