ICJI 1415

ICJI 1415 CARRYING A CONCEALED WEAPON

In order for the defendant to be guilty of Carrying a Concealed Weapon, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho,

3. the defendant [name]

4. carried a [bowie knife] [dagger] [pistol] [deadly or dangerous weapon]

5. which was concealed on or about the defendant's person,

6. the defendant did not have a license to carry a concealed weapon, and

[7. the defendant was not in (his) (her) place of abode or fixed place of business.]

[or]

[7. the defendant was in a motor vehicle

8. which was (inside the limits or confines of a city) (inside a [mining camp] [lumbering camp] [logging camp] [railroad camp]).

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

[A pistol or revolver, whether loaded or unloaded, is not concealed in a motor vehicle if it is located in plain view.]

[A firearm may be concealed legally in a motor vehicle so long as it is disassembled or unloaded.]

Comment

I.C. s 18-3302. The state bears the burden of proving that the defendant did not have a license to carry a concealed weapon. State v. Morales, 127 Idaho 951, 908 P.2d 1258 (Ct. App. 1996).

"Dirk", "dirk knife", and "dagger" are synonymous. They refer to a straight, double-edged knife primarily fitted for stabbing. People v. Ruiz, 263 P. 836 (Cal. App. 1928); 26A C.J.S. p. 959 (1956); Black's Law Dictionary 465 (4th rev. ed. 1968). A "bowie knife" is a long knife shaped like a dagger but having only one edge. Knox v. State, 6 S.W.2d 318 (Tenn. 1928); Black's Law Dictionary 233 (4th ed. rev. 1968). It was used as a weapon by American frontiersmen. Id.; Webster's New World Dictionary 168 (2d college ed. 1970) (a steel knife about 15 inches long).

[Added July 2005]