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Thread: Anyone watching SB1024?

  1. #1
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    Is anyone watching Idaho SB1024? If it passes, it will allow "a county, city,
    agency, board or other political subdivision of this state" to regulate firearms in public meetings and public libraries.

  2. #2
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    Yes, I have been. It was touched on in one of these threads recently. It is most likely going to die in committee.

  3. #3
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    that would be for cc only.....

    brickey vs. idaho

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    Hiredgun30 wrote:
    that would be for cc only.....

    brickey vs. idaho
    The current bill does not state cc only.

  5. #5
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    under brickey vs. idaho

    the legislature has no power to prohibit a citizen from bearing arms in any portion of the state of idaho,whether winthin or without the corporate limits of cities, towns, or villages. the legislature may, as expressily provided in our state constitution may regulate the exercise of this right, but may not prohibit it.

    Idaho supreme court ruling on Brickey vs. idaho

  6. #6
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    I would note that In re Brickey, 8 Idaho 597, 70 P. 609 (1902), dealt with a statute that generally prohibited the carrying of weapons in any manner, openly or concealed, anywhere in an incorporated city or town. If narrowly tailored, the Legislature could prohibit any form of carrying in "sensitive places such as schools and government buildings," District of Columbia v. Heller, 128 S.Ct. 2783, 2817(2008) (slip opinion available here), or under other very limited circumstances that would survive strict judicial scrutiny.

    However, I think it's incorrect to say that Brickey means that a person has the abslute right to OC at all places and at all times. For example, I think a total ban on carrying inside a courthouse would survive judicial scrutiny. Does anyone really think there's a judge out there--much less a majority of a state supreme court--who would say that a defendant on trial in a capital case has a right to OC into the courtroom in which he is being tried? Now, I do believe that this debate is probably moot sinceSB 1024 will likely not pass and thus the Idaho courts will not have to examine the finer points of where both CC and OC could be prohibited.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  7. #7
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    after the shooting rampage in moscow idaho. the mayor wanted an ordinace that prohibited carrying a firearm into city hall... the state attorney generals office issued a memo to her thatstatedthat itwouldnt pass "legal muster"






  8. #8
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    Hiredgun30 wrote:
    after the shooting rampage in moscow idaho. the mayor wanted an ordinace that prohibited carrying a firearm into city hall... the state attorney generals office issued a memo to her thatstatedthat itwouldnt pass "legal muster"




    Yes, that's true. I live in Moscow, ID and I was here for that, as well as the mayor's ensuing attempts to ban guns...she wanted to ban them in town altogether. But the state AG cut her off at the knees.

    My ex-wife and I had previously had some dealings with the mayor over other matters, and we were not impressed by her answers to our questions or the way she treated us. So when she started trying to ban guns in town after that shooting, my ex stated she would carry a gun, PURPOSELY, just to p--- off the mayor! Kinda funny.

    Dave

  9. #9
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    Hiredgun30 wrote:
    after the shooting rampage in moscow idaho. the mayor wanted an ordinace that prohibited carrying a firearm into city hall... the state attorney generals office issued a memo to her thatstatedthat itwouldnt pass "legal muster"




    Yes, that's true. I live in Moscow, ID and I was here for that, as well as the mayor's ensuing attempts to ban guns...she wanted to ban them in town altogether. But the state AG cut her off at the knees.

    My ex-wife and I had previously had some dealings with the mayor over other matters, and we were not impressed by her answers to our questions or the way she treated us. So when she started trying to ban guns in town after that shooting, my ex stated she would carry a gun, PURPOSELY, just to p--- off the mayor! Kinda funny.

    Dave

  10. #10
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    Last year, the State of Idaho passed a law that places the entire status of firearms under the States Legislature. The intent was to occupy the entire field of firearms regulation. Originally, the bill included even secondary educational (colleges and universities), but under pressure, amended this section such that these secondary schools could enforce their own firearms regulations.

    Now, on the heels of this, there is Senate bill, S1112, which adds a new section (18-3316A) to the Idaho Code that allow political subdivisions to regulate (ban) firearms at public meetings (section 1). In section 2, it allows public libraries to do the same.

    History:
    Last year, after a shooting in Moscow, the Mayor wanted to ban guns from all public buildings and meetings (the shooting had no impact on a public place, other than the church from which the perp was shooting). The Mayor was prevented by the Idaho AG, under existing law. This prompted the change, above.

    There have been no adverse incidents to any public meetings, that would necessitate such an action. This is merely a response by a very select few Mayors to curtail the public from openly carrying into these meetings (more about this, below).

    During the last year, a small group of folks from the Treasure Valley area (Boise, Nampa, Caldwell), have made it a practice to attend some few public meetings while openly carrying. This same group of people have also been targeting the libraries in the area.

    Like the public meetings, there have been no adverse incidents (other than the open display of firearms) in our libraries.
    This legislation is both a knee-jerk reaction of certain people to seeing firearms and a reaction to curtail this small group of people who are adamant in openly carrying, every chance they get.

    The legislation above is a solution looking for a non-existent problem and you should contact your legislators in that regard. It is wholly inappropriate to occupy the field, one year, and in the next, begin to give concessions for non-existent problems.

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