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Judge declares airport gun case a mistrial

08/31/2008 03:52 PM MDT

Associated Press

Canyon County Commissioner David Ferdinand

NAMPA -- A jury says they can't decide whether a Canyon County commissioner knowingly broke the law when he carried a loaded handgun through a security checkpoint at Boise airport.

Police gave David Ferdinand a misdemeanor citation and confiscated the .38-caliber Smith & Wesson revolver at the airport in February.

The case went to trial after a district judge denied Ferdinand's motion to have the misdemeanor dismissed.

Defense attorney David Leroy says Ferdinand was unaware the firearm was in his backpack when he passed through airport security on Feb. 28.

Judge Thomas Watson declared the case a mistrial Friday after jurors failed to reach an unanimous decision.

The case is scheduled to go back to trial.