A legislator whose concealed weapons permit was revoked for lying about a long-ago rape case can still legally carry hidden guns – because Idaho is the only state that exempts elected officials from the permit law.
The case of state Rep. Mark Patterson, R-Boise, is bringing new attention to the 1990 Idaho law providing the exemptions, and some Idaho lawmakers say it’s time for a change.
Patterson is mulling an appeal of his permit revocation; the Idaho Statesman reported on Sunday that the Ada County Sheriff revoked his permit after discovering that he lied twice, in 2007 and 2012, on his permit application, which asked if he had ever had a withheld judgment for a felony offense. Patterson didn’t disclose his 1974 guilty plea and withheld judgment for assault with intent to commit rape in a Florida case. He was acquitted in another, unrelated forcible rape case three years later.
The Idaho permit application asks, “Have you ever had an entry of a withheld judgment for a criminal offense which would disqualify you from obtaining a concealed weapons license?” Patterson twice answered no.
"Idaho’s elected-official exemption applies to any elected official in the state, from school board members and highway district commissioners to the governor. It also exempts a slew of others, with many of the additional exemptions added in amendments since 1990. Those include peace officers, jail guards, military employees, criminal investigators for the attorney general or county prosecutors, city or county officials, retired peace officers, people legally hunting, fishing or trapping outside a city, and on-duty officers of express companies."
ReplyDeleteWith this many exemptions to the law, it might just be better to switch over to Constitutional carry.
How about if we just do away with the exemption for politicians?
DeleteWhy would judgement be withheld in a case like his? He should have spent a long stretch in prison.
ReplyDeleteIt was a plea deal in Florida.
DeletePatterson, then 21, was charged with forcible rape in May 1974. The victim, then a 46-year-old mother of five, told police that Patterson forced her to have sex twice and threatened to have his Doberman pinscher attack her if she refused, according to police reports.
In July 1974, after some jail time, Patterson agreed to plead guilty to the lesser assault with intent charge, receiving a withheld judgment and five years’ probation. He was ordered to leave Florida with his father on the day of his sentencing. Two years later, he was released from his probation, three years early.
“I was a young kid,” the freshman Republican from Boise told the Statesman. “I was charged with a crime I didn’t do. My attorney told me to take the deal. There would be no jail time, it would be off my record.” http://www.idahostatesman.com/2013/11/10/2861466/lawmaker-could-lose-weapons-license.html#storylink=cpy
His claim that he didn't do the crime is interesting, though typical. But that's the kind of crime that should never be bargained down. Rapists don't usually reform themselves into good citizens.
DeleteBut should rapists be denied firearms, Greg?
DeleteRapists should be in prison for life, so yes.
DeleteNot only are Idahoans gun crazy, but they elect rapists to positions in government, too. Nice state.
ReplyDeleteBaldr,
ReplyDeleteWe could say the same regarding Marian Berry's arrest for use of drugs while in office, and then being elected again after his conviction.
Get back to us when he rapes someone. Stupid comment, honestly.
DeleteYes, Nick, your comment is stupid. Next?
DeleteNick, I don't think you'll find anyone here that accepts or condones this criminality. I responded to Baldr's comment because he tends to like to paint whole states with the same brush when he finds one lawbreaker in that state.
DeleteSort of like what you'd call stereotyping.
If there had been only "one lawbreaker" I doubt very seriously if anyone would resort to stereotyping.
Delete