18-3321. PERSONS EXEMPT. Unless the intent to injure the person or property of another has been established, the provisions in section 18-3319, Idaho Code, shall not apply to:
(1) Any public safety officer or member of the armed forces of the United States or national guard while acting in his official capacity;
(2) Any person possessing a valid permit issued under the provisions of the international fire code, sections 41-253 and 41-254, Idaho Code, or any employee of such permittee acting within the scope of his employment;
(3) Any person possessing a valid license as an importer, wholesaler, or display operator under the provisions of the Idaho fireworks act, sections 39-2602, 39-2606, 39-2607, 39-2608, 39-2609, 39-2610, 39-2611 and 39-2612, Idaho Code;
(4) A device which falls within the definition of a bomb or destructive device when used on property owned or otherwise in the control of the person using the device;
(5) Those licensed or permitted by the federal government to use or possess a bomb or destructive device.
(6) Those persons who possess a destructive device properly registered and taxed under the provisions of the national firearms act, as amended, as to possession of destructive devices properly registered to such persons.
History:
[18-3321, added 1997, ch. 272, sec. 1, p. 797; am. 2002, ch. 86, sec. 1, p. 196.]
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