SENATE BILL NO. 1441

View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating text to be removed.

Bill Status



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,
      Rusche, Sayler
      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
         Effective: 03/28/08

Bill Text




                                                                       
  ]]]]              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:

                                       2

  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 / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS17993C1

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.


                           FISCAL NOTE

No fiscal impact.







Contacts:
Senator Curt McKenzie  
Senator Monty Pearce
Representative Marv Hagedorn
Representative Steve Kren
Representative Ken Roberts



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1441