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Thread: Executive order no. 2004-07

  1. #1
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    Executive order no. 2004-07

    This is the executive order making the capital mall and other places a weapons free zone.

    Now what I want to know, is this executive order now invalid since the preemption law passed?

    I believe it was created BEFORE the preemption law - back in 2004 or so.

    http://gov.idaho.gov/mediacenter/exe...eo_2004-07.htm

    I'm just curious if it has any teeth these days.

  2. #2
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    Amazing. Absolutely amazing!

    I'll bet that this is an example of the Golden Rule; he who has the gold (mall owners) rules.

    If your statehouse is still for sale then it will have teeth.

  3. #3
    State Researcher lockman's Avatar
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    Enforceable?

    Executive order or not, what violation of law would be cited?

    Executive orders have no force of law unless such order as written is compliant with the controlling law. Such orders are the executives instructions to their employees, not a creation of law. If an executive order is applied against any individual and is inconsistent with the law, that individual has all the legal remedies available to them irrespective any executive order.

  4. #4
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    Depends on your idea of enforcement. I am sure, not being particularly familiar with Idaho law, that there are a plethora of discretionary citations/recommendations that the cops could make to the state's attorney while the 'perp' squirms.

  5. #5
    Regular Member oldbanger's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    (mall owners)
    It is not a "Shopping Mall" it is the area in and around the Statehouse.

    But it is moot because...EXECUTIVE ORDER NO. 2004-07

    signed 10/22/2004

    Each such executive order issued by the (a) governor must prescribe a date after which it shall cease to be effective, which shall be within four (4) calendar years of the effective date of such order, and if no date after which such order shall cease to be effective is contained in the order, then such order shall cease to be effective four (4) calendar years from the issuance thereof, unless renewed by subsequent executive order.

    http://legislature.idaho.gov/idstat/...SECT67-802.htm

    expired 10/22/2008

  6. #6
    Regular Member oldbanger's Avatar
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    Quote Originally Posted by lockman View Post
    Executive order or not, what violation of law would be cited?

    Executive orders have no force of law unless such order as written is compliant with the controlling law. Such orders are the executives instructions to their employees, not a creation of law. If an executive order is applied against any individual and is inconsistent with the law, that individual has all the legal remedies available to them irrespective any executive order.
    ...the governor is authorized and empowered to implement and exercise those powers and perform those duties by issuing executive orders from time to time which shall have the force and effect of law when issued in accordance with this section and within the limits imposed by the constitution and laws of this state.

    http://legislature.idaho.gov/idstat/...SECT67-802.htm

    There was no controlling law when this was signed.

    18-3302J
    Last edited by oldbanger; 11-08-2010 at 03:54 PM.

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