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House Bill H0165

2015 Freedom Index Score: (-2)


Analyst: Parrish Miller
Date of analysis: February 18, 2015

ANALYST'S NOTE: House Bill 165 doubles the fee for a standard license to carry a concealed weapon
from $20 to $40.

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: House Bill 165 modifies Section 18-3302, Idaho Code, to double the "fee for original
issuance of a license" to carry a concealed weapon from $20 to $40. (-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. Raising the fee to obtain a license to carry
a concealed weapon is not just a common fee increase; it also places a significant and arguably
unconstitutional impediment in the way of individuals who are attempting to exercise their
rights. (-1)

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