Legislators in Idaho introduced not one, but two bills this week that show their support for the second amendment. Most specifically they contain language prohibiting the federal regulation of fire arms within their state.
HB 219, Idaho Federal Firearm, Magazine, and Register Ban Enforcement Act, would add to existing law and concerns actions prohibited by public and governmental entities in regard to firearms. It establishes certain laws as unenforceable within the state of Idaho, and also provides penalties for violations.
Stephen Hartgen has said that Idaho will not weaken on this issue, but will continue to protect the 2nd amendment. He co-sponsored this bill, which was sponsored by Representative Mark Patterson, along with 21 other co-sponsors.
If passed into law, it would become a misdemeanor for any state agent or employee to knowingly and willfully enforce, or order another agent to enforce a law or regulation contrary to the provisions in section 11, article 1 of the Idaho constitution, which “clearly secures and prohibits government interference with the right of individual Idaho citizens to keep and bear arms.” It would protect law enforcement officers from being ordered by their supervisors to violate the statute.
HB 229, Regarding Firearms, Explosives, and Other Deadly Weapons, also amends and adds to existing law regarding the federal regulation of firearms. This bill is a bit different in that it specifically prohibits federal regulation of firearms that are manufactured and used within the state and therefore do not fall under intrastate commerce. It reinforces the rights of the people of Idaho under the 2nd, 9th, and 10th amendments – as understood during the time of Idaho’s compact with the union.
Both bills are currently in the House State of Affairs Committee.
ACTION ITEMS
1.If you live in Idaho please call the members of the House State of Affairs Committee, and politely but strongly urge them to support both of these bills.
2. Call your Representatives and ask them to support this legislation when it comes to the floor. Their information can be found here.
MODEL LEGISLATION and TRACKING
If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.
Track the status of 2nd Amendment preservation legislation in states around the country HERE.
ADDITIONAL READING AND RESOURCES
The 2nd Amendment Preservation Act IS constitutional
How to Respond to Unlawful Orders
The 2nd Amendment didn’t “grant” rights
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