Print Friendly SENATE BILL NO. 1381
– Firearms, regulation
SENATE BILL NO. 1381
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S1381......................................................by STATE AFFAIRS
FIREARMS - Repeals and adds to existing law to provide for preemption of
all regulation of firearms by a county, city, constitutional corporation,
agency, board or any other political subdivision of this state with
02/06 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1381
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, CON-
7 STITUTIONAL CORPORATION, AGENCY, BOARD OR ANY OTHER POLITICAL SUBDIVISION
8 OF THIS STATE WITH EXCEPTIONS AND PROVIDING SEVERABILITY; AND DECLARING AN
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12 are hereby repealed.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 constitutional corporation, agency, board or any other political subdivision
24 of this state may adopt or enforce any law, rule, regulation, ordinance or
25 procedure which regulates in any manner the sale, acquisition, transfer, own-
26 ership, possession, transportation, carrying or storage of firearms or any
27 element relating to firearms and components 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
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 adjacent persons or property;
36 (d) A person discharging a firearm on a public or private shooting range,
37 shooting gallery or other area designed and built for the purpose of tar-
38 get shooting;
39 (e) A person discharging a firearm in the course of target shooting on
40 public land if the discharge will not endanger persons or property.
41 (4) A city may adopt ordinances to regulate, restrict or prohibit the
42 discharge of firearms within its boundaries. Ordinances adopted under this
1 subsection may not apply to or affect:
2 (a) A person discharging a firearm in the lawful defense of person or
4 (b) A person discharging a firearm on a public or private shooting range,
5 shooting gallery or other area designed and built for the purpose of tar-
6 get shooting.
7 (5) The state board of education and the board of regents of the univer-
8 sity of Idaho shall adopt and implement rules requiring that any person carry-
9 ing or possessing a weapon, concealed or otherwise, on any state college, uni-
10 versity, community college or professional-technical college grounds shall
11 notify the appropriate authority at such college, university, community col-
12 lege or professional-technical college of their weapon. The state board of
13 education and the board of regents of the university of Idaho shall adopt no
14 rule or provision that is contrary to the provisions of this section.
15 (6) The provisions of this section are hereby declared to be severable
16 and if any provision of this section or the application of such provision to
17 any person or circumstance is declared invalid for any reason, such declara-
18 tion shall not affect the validity of the remaining portions of this section.
19 SECTION 3. An emergency existing therefor, which emergency is hereby
20 declared to exist, this act shall be in full force and effect on and after its
21 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 1381