Two Bills Would Nullify Federal Gun Laws and Regulations in Idaho

By on March 5, 2013

by Amanda Bowers

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.


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