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Old April 1, 2013, 08:53 PM   #1
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,562
Idaho Legislature Acts Up!

I wasn't going to mention any of this, but the latest theatrics by two reps in the Idaho House, make this worth the effort.

There were severl bills in the legislature that involve firearms. So let me list them as they are numbered and what has happened to them.

House Bill 183 amends a portion of I.C. 50-308 that gave municipal corporations authority to regulate and punish concealed carry. This language was in conflict with the legislation passed a couple of years ago (18 3302J) that held that the State was in complete control of any gun regulations. If passed (and it will be) this bill removes the overlooked and conflicting language. This bill passed both houses and was sent to the Governor on March 27th.

House Bill 192 would modify the fees paid for renewal of our concealed weapons permits. Renewals that occur 91 days to 180 days after expiration would pay an additional fee of $10, as a penalty. Allow your permit to lapse beyond 180 days, you would have to re-apply as if it was an intial application.

This bill would require the Sheriff to notify the ISP within 5 days of the renewal.

Section 2 of this bill introduces a new section: 18-3302K: Issuance of Enhanced Licenses to Carry Concealed Weapons. Training requirements as follows:

(b) Has successfully completed within twelve (12) months immediately preceding filing an application, a qualifying handgun course as specified in this paragraph and taught by a certified instructor who is not prohibited from possessing firearms under state or federal law. A copy of the certificate of successful completion of the handgun course, in a form to be prescribed by the director of the Idaho state police and signed by the course instructor, shall be submitted to the sheriff at the time of filing an application under this section. Certified instructors of handgun courses when filing an application under this section shall not be required to submit such certificates but shall submit a copy of their current instructor's credential. The sheriff shall accept as a qualifying handgun course a personal protection course offered by the national rifle association or an equivalent course meeting the following requirements:
(i) The course instructor is certified by the national rifle association, or by another nationally recognized organization that customarily certifies firearms instructors, as an instructor in personal protection with handguns, or the course instructor is certified by the Idaho peace officers standards and training council as a firearms instructor;

(ii) The course is at least eight (8) hours in duration;

(iii) The course is taught face to face and not by electronic or other means; and

(iv) The course includes instruction in:
1. Idaho law relating to firearms and the use of deadly force, provided that such instruction is delivered by either of the following whose name and credential shall appear on the certificate:
[indent[(A) An active licensed member of the Idaho state bar; or

(B) A law enforcement officer who possesses an intermediate or higher Idaho peace officers standards and training certificate.
2. The basic concepts of the safe and responsible use of handguns;

3. Self-defense principles; and

4. Live fire training including the firing of at least ninety-eight (98) rounds by the student.
Finally, this bill amends I.C. 9-340B to include the records of newly created 18-3302K as being exempt from public disclosure.

Passed by both houses and was sent to the Governor on March 27th.

House Bill 219, a bill to prohibit any State official from complying with any Federal Law that requires the banning, registration of firearms or magazines, by making such a misdemeanor crime. This bill was passed in the House on March 11 but held in the Senate. More on this at the end of this report.

House Bill 223, a bill that amends existing law to revise the definition of "concealed weapon." It exempts the following:
any knife, cleaver or other instrument primarily used in the processing, preparation or eating of food, any knife with a blade four (4) inches or less or any lawfully possessed taser, stun gun or pepper spray.
Passed by both houses and sent to the Governor on March 27th.

House Bill 229, a bill that adds additional protections to the Idaho Firearms Freedom Act of 2010. This bill makes Senate bill S1099, redundant. The bill was was returned to the Dtate Affairs Committee after its third reading, where it had been tabled. More on this one, below.

House Bill 258, a bill that amends existing law to require the Sheriff to provide the applicant a copy of the records check, should the applicant be denied a CWP. Passed by both Houses and sent to the Governor, today.

And finally, Senate Bill 1099, adds to existing law to provide prohibition of federal regulation of certain suppressors on firearms and to provide the Attorney General to defend any Idahoan who may be prosecuted by federal law. This bill has been held in the Senate State Affairs Committee. At this time, it is dead.

Now, here's where the theatrics come in.

Over in the Senate, SB 1133 was proposed, had a slight amendment (now called SB 1133a) and sent to the House. This was a bill in reaction to the Sandy Hook shooting, inasmuch as it required the School Boards and the County Sheriffs to get together and hammer out a security plan for each school in that district. Whatever plans were devised would be reported to the State Dept. of Education, on a yearly basis. It would also exempt from public disclosure, those security plans.

So far, so good. A modest but workable idea.

When the House received the bill, it went before the Committee of the Whole, wherer it was amended....

The Rep whose bill was tabled in the House committee (HB 229) and the Rep whose bill was tabled in the Senate committee (HB 219) got together, combined both their bills and amended the School Security bill by substituting their bill(s) for the everything in the Senate bill. The substituted bill has been read twice and is due for a third reading on Thursday, the 4th. Should it pass, it will be sent back to the Senate... Who knows what they will do. Strike it all and substitute the original and send it back to the House?

Everyone wants to get out of Boise and get back home. They may just add the original and send it back to save time. I suspect that if all three bills are added, it will pass and be sent to the Governor. Or they can defeat the bill as is (my choice for options).

Won't be much of a loss, either way, as the Schools Boards can do what the bill required them to do, if they want. The gun bills are a symbolic gesture, so it doesn't much matter whether they are passed or not. What makes this unusual, is that this type of shenanigans is exactly what we see happening many times in the Federal Legislature. While it has happened here in the past, it is rare and therefore all the reporters are screaming, "Foul!"

Oh, the two Reps causing this brouhaha? Jason A. Monks (R) District 22 and Mike Moyle (R) District 14 . If you are from Idaho, send them some love.
Al Norris is offline  

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