TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 33

FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS

18-3302J.  Preemption of firearms regulation. (1) The 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 firearms regulation within this state.

(2)  Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, ordinance, executive order, or policy which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition. Any such law, rule, regulation, ordinance, executive order, or policy shall be void, unenforceable, and subject to a permanent injunction against the political subdivision, as provided in subsection (7) of this section. It shall not be a defense to a violation of this subsection that the political subdivision was acting in good faith or on the advice of counsel.

(3)  A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a)  A person discharging a firearm in the lawful defense of person or persons or property;

(b)  A person discharging a firearm in the course of lawful hunting;

(c)  A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property;

(d)  A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code; or

(e)  A person discharging a firearm in the course of target shooting on public land if the discharge will not endanger persons or property.

(4)  A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a)  A person discharging a firearm in the lawful defense of person or persons or property; or

(b)  A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code.

(5)  This section shall not be construed to affect:

(a)  The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code; and

(b)  The authority of counties and cities to regulate the location and construction of sport shooting ranges, subject to the limitations contained in chapter 26, title 55, Idaho Code.

(6)  Any county, city, agency, board, or any other political subdivision of this state that willfully and knowingly violates the provisions of this section shall be subject to a civil penalty of ten thousand dollars ($10,000) per violation.

(7)  The attorney general or any person or organization whose membership is adversely affected by a law, rule, regulation, ordinance, executive order, or policy that violates the provisions of this section may maintain an action for damages, declaratory relief, or permanent injunctive relief. The plaintiff shall be awarded reasonable costs and attorney’s fees upon prevailing or if the law, rule, regulation, ordinance, executive order, or policy is repealed or rescinded after the action was filed but prior to a final determination by the court. Any person or organization who wishes to maintain an action pursuant to the provisions of this subsection shall, prior to filing, provide advanced written notice to the attorney general who shall have thirty (30) days to investigate if a violation has occurred. If a violation is found, the attorney general shall notify the offending jurisdiction that it has thirty (30) days to cure the violation, and if the jurisdiction fails to do so within thirty (30) days, the cause of action may proceed.

(8)  The provisions of this section are hereby declared to be severable. And if any provision is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

History:

[18-3302J, added 2008, ch. 304, sec. 2, p. 845; am. 2014, ch. 73, sec. 3, p. 189; am. 2026, ch. 295, sec. 1, p. 1219.]