2008 Legislation
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SENATE BILL NO. 1381<br /> – Firearms, regulation

SENATE BILL NO. 1381

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Bill Status



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
exceptions.

02/06    Senate intro - 1st rdg - to printing
02/07    Rpt prt - to St Aff

Bill Text




                                                                       
  ]]]]              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
  9        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 12    are hereby repealed.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    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
 32        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 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

                                       2

  1    subsection may not apply to or affect:
  2        (a)  A person discharging a firearm in the lawful  defense  of  person  or
  3        property;
  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 / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS17776


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 1381