SENATE BILL NO. 1441
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S1441......................................................by STATE AFFAIRS
FIREARMS - Adds to and repeals existing law relating to uniformity of
firearms regulation; to provide legislative findings; to provide for
preemption of all regulation of firearms by a county, city, agency, board
or any other political subdivision of this state, with exceptions; and to
provide for application.
02/25 Senate intro - 1st rdg - to printing
02/26 Rpt prt - to St Aff
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 33-1-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Stennett, Werk
NAYS -- Malepeai(Sagness)
Absent and excused -- Gannon
Floor Sponsor - McKenzie
Title apvd - to House
03/04 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 60-9-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Bolz, Bowers, Brackett, Bradford, Chadderdon, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, Kren, Labrador, Lake, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Patrick, Pence, Raybould, Ruchti, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Boe, Chavez, Chew, King, LeFavour, Pasley-Stuart, Ringo,
Absent and excused -- Roberts
Floor Sponsor - Hart
Title apvd - to Senate
03/20 To enrol - Rpt enrol - Pres signed
03/21 Sp signed
03/24 To Governor
03/28 Governor signed
Session Law Chapter 304
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1441
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO UNIFORMITY OF FIREARMS REGULATION; REPEALING SECTIONS 31-872 AND
3 50-343, IDAHO CODE, RELATING TO REGULATION OF FIREARMS BY COUNTIES AND
4 CITIES; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY THE ADDITION OF A
5 NEW SECTION 18-3302J, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TO PRO-
6 VIDE FOR PREEMPTION OF ALL REGULATION OF FIREARMS BY A COUNTY, CITY,
7 AGENCY, BOARD OR ANY OTHER POLITICAL SUBDIVISION OF THIS STATE WITH EXCEP-
8 TIONS, TO PROVIDE FOR APPLICATION AND PROVIDING SEVERABILITY; AND DECLAR-
9 ING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Sections 31-872 and 50-343, Idaho Code, be, and the same
12 are hereby repealed.
13 SECTION 2. That Chapter 33, Title 18, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 18-3302J, Idaho Code, and to read as follows:
16 18-3302J. PREEMPTION OF FIREARMS REGULATION. (1) The legislature finds
17 that uniform laws regulating firearms are necessary to protect the individual
18 citizen's right to bear arms guaranteed by amendment 2 of the United States
19 Constitution and section 11, article I of the constitution of the state of
20 Idaho. It is the legislature's intent to wholly occupy the field of firearms
21 regulation within this state.
22 (2) Except as expressly authorized by state statute, no county, city,
23 agency, board or any other political subdivision of this state may adopt or
24 enforce any law, rule, regulation, or ordinance which regulates in any manner
25 the sale, acquisition, transfer, ownership, possession, transportation, carry-
26 ing or storage of firearms or any element relating to firearms and components
27 thereof, including ammunition.
28 (3) A county may adopt ordinances to regulate, restrict or prohibit the
29 discharge of firearms within its boundaries. Ordinances adopted under this
30 subsection may not apply to or affect:
31 (a) A person discharging a firearm in the lawful defense of person or
32 persons or property;
33 (b) A person discharging a firearm in the course of lawful hunting;
34 (c) A landowner and guests of the landowner discharging a firearm, when
35 the discharge will not endanger persons or property;
36 (d) A person lawfully discharging a firearm on a sport shooting range as
37 defined in section 55-2604, Idaho Code; or
38 (e) A person discharging a firearm in the course of target shooting on
39 public land if the discharge will not endanger persons or property.
40 (4) A city may adopt ordinances to regulate, restrict or prohibit the
41 discharge of firearms within its boundaries. Ordinances adopted under this
42 subsection may not apply to or affect:
1 (a) A person discharging a firearm in the lawful defense of person or
2 persons or property; or
3 (b) A person lawfully discharging a firearm on a sport shooting range as
4 defined in section 55-2604, Idaho Code.
5 (5) This section shall not be construed to affect:
6 (a) The authority of the department of fish and game to make rules or
7 regulations concerning the management of any wildlife of this state, as
8 set forth in section 36-104, Idaho Code;
9 (b) The authority of counties and cities to regulate the location and
10 construction of sport shooting ranges, subject to the limitations con-
11 tained in chapter 26, title 55, Idaho Code; and
12 (c) The authority of the board of regents of the university of Idaho,
13 the boards of trustees of the state colleges and universities, the board
14 of professional-technical education and the boards of trustees of each of
15 the community colleges established under chapter 21, title 33, Idaho Code,
16 to regulate in matters relating to firearms.
17 (6) The provisions of this section are hereby declared to be severable.
18 And if any provision is declared invalid for any reason, such declaration
19 shall not affect the validity of the remaining portions of this section.
20 SECTION 3. An emergency existing therefor, which emergency is hereby
21 declared to exist, this act shall be in full force and effect on and after its
22 passage and approval.
STATEMENT OF PURPOSE
This legislature finds that uniform laws regulating firearms are
necessary to protect the individual citizen's right to bear arms
guaranteed by amendment 2 of the United States Constitution and
section 11, article I of the constitution of the state of Idaho.
It is the legislature's intent to wholly occupy the field of
firearm regulation within this state.
No fiscal impact.
Senator Curt McKenzie
Senator Monty Pearce
Representative Marv Hagedorn
Representative Steve Kren
Representative Ken Roberts
STATEMENT OF PURPOSE/FISCAL NOTE S 1441