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Old February 22, 2009, 03:47 PM   #1
Al Norris
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2009 Idaho Legislative Session

The Idaho Legislature is in session and is at it again.

First, the good news.

House bill, H0065, brings Idaho Code into compliance with federal code. I.C. 18-3314 will be revised to allow any resident to purchase rifles and shotguns from any state in the Union without going through an FFL. I.C. 18-3315 will be revised to allow any non-resident to purchase rifles and shotguns within the State without going through an FFL.

Currently, Idaho Law requires such purchases only to contiguous States for residents and non-residents must reside in such contiguous States without going through a FFL. Those would be Montana, Wyoming, Utah, Nevada, Oregon and Washington.

Please write your State reps to support the above legislation.

House Joint Memorial, HJM003, essentially expresses the displeasure of the Idaho Government for any further Federal lawmaking against our second amendment right. Specifically "that members of the United States Congress cease and desist attempting to enact federal legislation impinging on the individual right of every American to keep and bear arms in any manner.'

Now the bad news.

Last year, the State of Idaho passed a law that places the entire status of firearms under the States Legislature. The intent was to occupy the entire field of firearms regulation. Originally, the bill included even secondary educational (colleges and universities), but under pressure, amended this section such that these secondary schools could enforce their own firearms regulations.

Now, on the heels of this, there is Senate bill, S1024, which adds a new section (18-3316A) to the Idaho Code that allow political subdivisions to regulate (ban) firearms at public meetings (section 1). In section 2, it allows public libraries to do the same.

History:
Last year, after a shooting in Moscow, the Mayor wanted to ban guns from all public buildings and meetings (the shooting had no impact on a public place, other than the church from which the perp was shooting). The Mayor was prevented by the Idaho AG, under existing law. This prompted the change, above.

There have been no adverse incidents to any public meetings, that would necessitate such an action. This is merely a response by a very select few Mayors to curtail the public from openly carrying into these meetings (more about this, below).

During the last year, a small (but militant) group of folks from the Treasure Valley area (Boise, Nampa, Caldwell), have made it a practice to attend some few public meetings while openly carrying. This same group of people have also been targeting the libraries in the area.

Like the public meetings, there have been no adverse incidents (other than the open display of firearms) in our libraries.
This legislation is both a knee-jerk reaction of certain people to seeing firearms and a reaction to curtail this small group of people who are adamant in openly carrying, every chance they get.

Whatever one thinks of this group of folks doing this, they are not breaking any laws.

The legislation above is a solution looking for a non-existant problem and you should contact your legislators in that regard. It is wholly inappropriate to occupy the field, one year, and in the next, begin to give concessions for non-existant problems.

Please contact your State Reps to express your displeasure over the Legislature renigging last years legislation.

Finally we have Senate bill, S1112, which deals with the rules and regulations of daycare facilities. Tucked into this bill, is the following section:
18-1109(f) Firearms or weapons which are on the premises of a daycare facility must be kept in a locked container that is inaccessible to children while daycare attendees are present;
This ambiguous and vague little section of the proposed law would keep all weapons locked, while the daycare is operational. Those owners who have a CWP would not, under this law, be allowed to carry. Those parents who have a CWP would not, under this law, be allowed to carry when dropping off or picking up their children. It is ambiguous enough to prevent the carry inside of a vehicle, if the vehicle is in the parking lot of a daycare, as the parking lot could be construed to be part of the "premises."

Does your spouse operate a daycare from your home? You would be precluded from unlocking any firearm (for hunting, target shooting, or any other lawful reason),during the operating hours of the facility. If you were already out, you would be prohibited from returning.

If you are a peace officer (or in any work that requires a firearm), you would be precluded from your own home, during operational hours.

The NRA is totally opposed to the inclusion of section (f) in this bill. Please contact your legislators to oppose section (f) in this bill.
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Old February 22, 2009, 09:55 PM   #2
kirpi97
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Quote:
Finally we have Senate bill, S1112, which deals with the rules and regulations of daycare facilities. Tucked into this bill, is the following section:

18-1109(f) Firearms or weapons which are on the premises of a daycare facility must be kept in a locked container that is inaccessible to children while daycare attendees are present;
Interesting. Not that this effects Oregon today, but our legislators are always looking for ideas to mimic. And I can see this in the horizon as some of our loons catch wind of it.

When I first read it, I didn't see harm. But after reading your argument, I can see how it could be interpreted to ban such actions. I do not know if that was the hidden intent. But I do not wish to see how the courts will decide.

So before it reaches the 9th Circuit, I hope you Idahoans are successful it having that section removed or at least, better worded.

As a parting thought, I was watching an old re-run of the Rifleman from the 60s. In it some prisoners escaped and took over Northfork. Young Mark asks his father, "Could they hold the city?" Lucus' response would be one we all could learn from. "They could take the city, but they couldn't hold it. The only way they could hold the city was if the citizens stopped caring."

When we stop caring, we abdicate our rights. So I thank you and all the others who maintain a vigil watch. Thanks for the heads up.
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Old February 23, 2009, 10:17 AM   #3
Al Norris
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Quote:
Originally Posted by Kirpi97
I do not know if that was the hidden intent.
Senator Tim Corder had originally sought NRA recommendations for the language of the bill. Before the bill was submitted, he changed the language to what I reported. Needless to say, the NRA is a bit, um, miffed.
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Old May 3, 2009, 01:46 PM   #4
Al Norris
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Idaho Legislative Update

A couple things of note have happened, as our current legislative session winds down.

House Bill 0065 has been signed into law. This bill brings Idaho into compliance with Federal Firearms regulations, inasmuch as Idaho residents may now purchase long arms from anywhere within the US, provided it is not against the law in the purchasing jurisdiction. The "contiguous State" law is no more.

House bill H0194 was signed into law. This law limits civil liability to firing range operators, instructors and those sponsoring matches to willful acts of gross negligence or criminal conduct. Adds a new section to Idaho Code (I.C.) Title 6: Chapter 27. This section also adds government immunity, while conducting range operations, in about the same manner as individual immunity was added.

House bill H0229 has been signed into law. This law amends Title 46 section 601 of the I.C. to prohibit the State from any additional restrictions on the lawful possession, transfer, sale, transport, storage, display or use of firearms or ammunition during a state of extreme emergency (Martial Law). This bill made some technical corrections to a previous law, signed 2 years ago, and also adds a specific prohibition during Martial Law. The previous law stated only for "extreme emergencies."

House bill H0287 has been passed and sent to the Governor. This bill enacts a new section to I.C. Title 5 (5-341) that provides immunity from civil action within the State to employers who allow or do not prohibit their employees to lawfully store their personal firearms within their vehicles while parked on the employer's business property.

Senate bill S1024, which would have provided cities, counties and other incorporated governing bodies to proscribe (ban) firearms at public meetings has appeared to have died in committee (State Affairs), this legislative session.

Senate bill S1112 has been passed by the House, over objections by the Senate, and sits on the Governors desk. This is the daycare bill that prohibited firearms in proximity to children. The relevant part as it pertains to firearms is:
Quote:
(e) Firearms or other weapons which are stored on the premises of a daycare facility must be kept in a locked container that is inaccessible to children while daycare attendees are present.
The original provision read:
Quote:
(e) Firearms or other weapons which are on the premises of a daycare facility must be kept in a locked container that is inaccessible to children while daycare attendees are present.
Please note the difference that the word, "stored," makes in the meaning. Personal firearms on your person, are not covered under this provision as it now reads. Whereas they were covered under the original wording.

Senate bill S1145 was signed into law. This is an oversight correction. The new law adds section 18-3302H as an exception to public records. I.C. 18-3302 deals with concealed weapons permit (CWP) licenses and was already made an exception to public records disclosure. I.C. 18-3302H deals with concealed carry by retired police officers. When first adopted, 3302H was not placed into exception. This bill corrects that oversight. In practical terms, it now means that anyone with an Idaho CWP is safe from some news hound (or anyone else) seeking to disclose the identites of CWP holders.
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Old May 8, 2009, 08:26 PM   #5
Al Norris
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Final Legislative Update

House bill H0287, the Employee Firearm Storage Act, has been signed into law.

Senate bill S1112, the Basic Daycare License Act, has been signed into law and goes into effect on 01/01/10.

The Idaho Legislature has adjourned for this session.
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