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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, 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
]]]] 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 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