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Thread: Idaho governor signs legislation S1332 nullifying all future federal gun laws

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    Idaho governor signs legislation S1332 nullifying all future federal gun laws

    http://benswann.com/breaking-idaho-g...eral-gun-laws/

    http://legislature.idaho.gov/legislation/2014/S1332.htm

    EGISLATURE OF THE STATE OF IDAHO
    Sixty-second Legislature
    Second Regular Session - 2014
    IN THE SENATE
    SENATE BILL NO. 1332
    BY STATE AFFAIRS COMMITTEE
    9 AN ACT
    RELATING TO FIREARMS; PROVIDING A SHORT TITLE; PROVIDING LEGISLATIVE IN-
    TENT; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY THE ADDITION OF A
    NEW SECTION 18-3315B, IDAHO CODE, TO PROVIDE CERTAIN PROHIBITED ACTS
    REGARDING FIREARMS BY PUBLIC EMPLOYEES AND OFFICERS OF GOVERNMENTAL
    ENTITIES, TO PROVIDE PENALTIES, TO ESTABLISH THAT CERTAIN LAWS ARE UN-
    ENFORCEABLE IN IDAHO BY STATE AND LOCAL GOVERNMENT OFFICIALS, AGENTS OR
    EMPLOYEES AND TO DEFINE A TERM; PROVIDING SEVERABILITY; AND DECLARING
    AN EMERGENCY.
    10 Be It Enacted by the Legislature of the State of Idaho:
    11 SECTION 1. SHORT TITLE. This act shall be known and may be cited as the
    "Idaho Federal Firearm, Magazine and Register Ban Enforcement Act."

    SECTION 2. LEGISLATIVE INTENT. It is the intent of the Legislature in
    enacting this act to protect Idaho law enforcement officers from being di-
    rected, through federal executive orders, agency orders, statutes, laws,
    rules, or regulations enacted or promulgated on or after the effective date
    of this act, to violate their oath of office and Idaho citizens' rights un-
    der Section 11, Article I, of the Constitution of the State of Idaho. This
    Idaho constitutional provision disallows confiscation of firearms except
    those actually used in the commission of a felony, and disallows other re-
    strictions on a citizen's lawful right to own firearms and ammunition. This
    act provides that no Idaho law enforcement official shall knowingly and
    willingly order an action that is contrary to the provisions of Section 11,
    Article I, of the Constitution of the State of Idaho. The Legislature does
    not intend to affect an Idaho law enforcement officer who assists federal
    agents on drug or gang enforcement activities. The Legislature intends to
    create a penalty for an official, agent or employee of the State of Idaho or a
    political subdivision thereof that orders an unlawful confiscation without
    penalizing officers that follow orders. Idaho law enforcement officers are
    partners with Idaho citizens in protecting the rights as outlined in both the
    United States Constitution and the Constitution of the State of Idaho.
    SECTION 3. That Chapter 33, Title 18, Idaho Code, be, and the same is
    hereby amended by the addition thereto of a NEW SECTION, to be known and des-
    ignated as Section 18-3315B, Idaho Code, and to read as follows:
    18-3315B. PROHIBITION OF REGULATION OF CERTAIN FIREARMS. (1) Other
    than compliance with an order of the court, any official, agent or employee
    of the state of Idaho or a political subdivision thereof who knowingly and
    willfully orders an official, agent or employee of the state of Idaho or a po-
    litical subdivision of the state to enforce any executive order, agency or-
    der, law, rule or regulation of the United States government as provided in
    subsection (2) of this section upon a personal firearm, a firearm accessory
    or ammunition shall, on a first violation, be liable for a civil penalty not
    to exceed one thousand dollars ($1,000) which shall be paid into the general
    fund of the state, and on a second or subsequent violation shall be guilty
    of a misdemeanor. If a public officer or person commits a violation of sec-
    tion 18-315 or section 18-703, Idaho Code, the public officer or person shall
    be punished as provided in those sections. Nothing in this section shall be
    construed to affect the law of search and seizure as set forth in section 17,
    article I of the constitution of the state of Idaho or as set forth in the
    fourth, fifth and fourteenth amendments to the United States constitution.
    Notwithstanding anything to the contrary contained elsewhere in this act, no
    private cause of action exists under this section.
    (2) No federal executive order, agency order, law, statute, rule or
    regulation issued, enacted or promulgated on or after the effective date
    of this act, shall be knowingly and willfully ordered to be enforced by any
    official, agent or employee of the state or a political subdivision of the
    state if contrary to the provisions of section 11, article I, of the consti-
    tution of the state of Idaho.
    (3) "Enforcement" shall not be construed to include the performance of
    any act solely for the purpose of facilitating the transfer of firearms under
    federal law. Any order of enforcement not excluded by the provisions of this
    subsection that occurs on and after the effective date of this act shall be
    and is a breach of the oath of office of the official, agent or employee of the
    state or a political subdivision of the state.
    SECTION 4. SEVERABILITY. The provisions of this act are hereby declared
    to be severable and if any provision of this act or the application of such
    provision to any person or circumstance is declared invalid for any reason,
    such declaration shall not affect the validity of the remaining portions of
    this act.
    SECTION 5. An emergency existing therefor, which emergency is hereby
    declared to exist, this act shall be in full force and effect on and after its
    passage and approval.
    Last edited by Nightmare; 03-25-2014 at 06:21 AM.
    I am responsible for my writing, not your understanding of it.

  2. #2
    Regular Member OC for ME's Avatar
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    I wonder what the feds would do if cops just said no? I wonder how many cops would say no to a fed. If a cop is true to his oath this law is not needed.

    Anyway, good that it is codified, it means that anti-liberty cops will (maybe) think before blindly following orders. It is unfortunate that the state must threaten its own agents to get them to adhere to their oath.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    And a loophole for drug cases...seems like they still want forfeiture $$$$

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    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    And a loophole for drug cases...seems like they still want forfeiture $$$$
    I noticed that first thing. As usual, money is more important than public safety.

    Granted, Idaho isn't at odds with the Feds on drugs. But it should be.

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