Idaho Dispatch

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2024 Idaho Firearms Legislation

By • February 7, 2024

The Idaho Legislature’s 2024 regular session is now one month old. Four pieces of legislation are in the works concerning firearms and gun rights.

The first is a draft by Senator Brian Lenney (R-Nampa) that would add “criminal immunity” to Idaho law, giving legal cover to a person who acts in self-defense. It is an element of what has become known as “stand your ground” law. This legislation has multiple co-sponsors which include:

Sen. Scott Herndon (R-Dist.1)
Sen. Phil Hart (R-Dist. 2)
Sen Ben Toews (R-Dist. 4)
Sen. Tammy Nichols (R-Dist. 10)
Sen. Brian Lenney (R-Dist. 13) – Sponsor
Sen. Glenneda Zuiderveld (R-Dist. 24)

Rep. Heather Scott (R-Dist. 2A)
Rep. Tony Wisniewski (R-Dist. 5B)
Rep. Josh Tanner (R-Dist. 14B)
Rep. James Holtzclaw (R-Dist. 20B)
Rep. Tina Lambert (R-Dist. 23B)
Rep. Julianne Young (R-Dist. 30B)

According to the Idaho Second Amendment Alliance’s website, this legislation would:

  1. Allow someone who has been arrested in Idaho, and believes they acted in self-defense, to invoke a pre-trial hearing within 14 days of arrest, to force the government to show evidence that a crime has been committed.
  2. If an Idahoan is prosecuted, but a jury of their peers finds them Not Guilty by reason of self-defense, a judge can award attorney’s fees to the Idahoan, to be paid for by the county they were prosecuted in.

This legislation has not yet been granted its initial hearing, in which a committee decides whether to allow an idea to move forward and receive a bill number. Because that has not happened, this legislation does not appear on the Idaho Legislature’s website at this time.

Another idea, which has moved forward to receiving a number, is a college campus carry bill. This legislation, Senate Bill 1228, would repeal the language of the current §18-3309 Idaho Code and replace it with a new section of the same number. This bill is sponsored by Senator Dan Foreman (R-Viola).

If passed and signed into law, the modified language would read,

“18-3309. CONCEALED WEAPONS AT PUBLIC COLLEGES AND UNIVERSITIES. The board of regents of the university of Idaho, the board of trustees of the state colleges and universities, the board for career technical education, and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, shall not regulate or prohibit the otherwise lawful possession, carrying, or transporting of firearms or ammunition by any person carrying a concealed weapon pursuant to section 18-3302, 22 18-3302H, or 18-3302K, Idaho Code.”

S1228

The third gun bill concerns militias in Idaho and is also sponsored by Foreman, with cosponsor Senator Scott Herndon (R-Sagle): Senate Bill 1240. This legislation would also repeal an entire section, §46-802 Idaho Code, and replace it with new language under the same code number. If passed and signed into law, the updated language would read:

“46-802. MILITARY — MILITIA. No city or town shall raise or appropriate any moneys toward arming or equipping, uniforming, or in any other way supporting, sustaining, or providing drill rooms or armories for any body associated as a military company or organization, except for the regularly organized national guard, the unorganized militia when called into service of the state or of the United States, and those that are regularly recognized and provided for by the laws of the state of Idaho and the United States.”

S1240

The fourth piece of firearms legislation this session is House Bill 415. If passed and signed into law, it would allow staff in K-12 Idaho schools who hold an enhanced concealed carry permit to carry firearms on school property. It is sponsored by Representative Ted Hill (R-Eagle). Idaho Dispatch reported on this bill last week.

H0415

Former State Senator Christy Zito told the Idaho Dispatch,

“The Idaho Second Amendment Alliance and Senator Brian Lenney are working again this year on Enhanced Stand Your Ground. We were not successful last year as Senator Guthrie (Senate State Affairs Chair), would not give the bill a full hearing. We are working hard to make this happen this year. Every American, when in the horrific situation of needing to meet deadly force with deadly force, should never have to face what Kyle Rittenhouse and others have. Self-defense is a first freedom.

HB415, which allows teachers to carry in our schools, is important. There is no time for our law enforcement to respond to a live shooter. Our protection and that of those around us is our responsibility. Restoring the God-given right of our teachers to protect themselves and their students is huge. Schools with our precious children should not be a soft target.”

Assistant Minority Leader, Representative Lauren Necochea (D-Boise), said in an article,

“…HB 415 circumvents local control and gives blanket permission to employees and volunteers who have taken a one-time concealed carry course and shot 98 rounds. Schools must allow them to carry firearms regardless of shooting skill, temperament, mental state, visual acuity, length of time since they took a course, or other factors.”

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Tags: 2A, Brian Lenney, campus carry, Christy Zito, Concealed Weapons, Criminal Immunity, Dan Foreman, Firearms, Guns, Idaho Second Amendment Alliance, Kyle Rittenhouse, Militias, School Carry, Scott Herndon, Second Amendment, Self Defense, Stand-Your-Ground, Ted Hill

26 thoughts on “2024 Idaho Firearms Legislation

  1. Question. On the 46-802 Military Militia. What happens if our national guard and or regular military gets compromised like they are now? Heck ,our whole government right down to state, county and some city’s have been compromised. No one wants to address it or even admit it . We are at a cross roads people and may be to late. I would like all our state representatives and anyone else who cares for the American way of life watch Mustang Medic world War lll then tell the people of Idaho is it true or not.

    1. It just says that cities and counties can’t fund their own private militias. Says nothing about the citizens themselves organizing and funding themselves. Of course one of the legal things one could argue is that it was being done to protect the state or the United States…

      1. TacticalCivics.com is an organization wanting to create a County Grand Jury and a County Militia put together by the people in order to hold public servants in check. So I don’t think this is a good bill.

    2. I ran across where our Senate in Washington D.C. on Jan 11 2024 Senate bill S.3589 is trying to abolish ANY training. So any all Militias will be put out of commission. What happen to the 1st and 2nd amendments ? So now Idaho and the feds are stripping everyone’s rights away.

  2. The CCP military is pouring through our border through the Darien GAP in Panama. Fact. The US and UN is funding this and a massive bridge is being constructed through the most dense part of the jungle to facilitate and easier, safer route that can handle heavy vehicles. The immigrant invasion is being used to cover this up. Tucker Carlson did a show on this. The CCP has infiltrated our government infrastructure for the last five years. I suspect a time will come soon where the State will have wished they trained and armed militias to help the National Guard with what appears to be on the near horizon. The degree of unsustainable high treason happening in DC is unprecedented in our nation history and desperate times will call for desperate measures. Isn’t it better that be prepared? Time to stop acting like all of this is normal.

    1. You right. Even this Governor has allowed starting with the 500 illegal Afghanistans in Twin Falls.
      Now the border illegals be dropped off here.
      If the governors from different states including Texas really cared, then why didn’t they send all illegals back to their home land instead of infiltrated the states?

  3. Rep. Neccochea’s suggestion that HB415 “circumvents local control” by school boards, etc. ignores the fact that any “local control” which strips school teachers and staff from their right to carry “circumvents” our Second Amendment!

    1. Rep Necchea needs to read and understand the enhanced carry regulations before making her statement about one and done training.

  4. Too many laws…..Just abide by the Constitution and adhere to the simple words of “the right of the people to keep and bear Arms, shall not be infringed.” This would nullify all laws, rules, regulations and whims of tyrants and/or politicians.

  5. They are trying to increase the state spending, I hope Little vetos the new budget , if he does not he needs to join all those wanting to increase spending on the unemployment lines. They also need to stop all illegals from coming in before its to late.

    We need to stop the overreach of federal and loacl goverment!

    1. Please join TacticalCivics.com, a solution to the rogue politicians who are not held accountable for breaking their oaths. It’s We the People who have to enforce the Constitution whenever our elected public servants do not.

  6. I like the change to 46-802. Thanks to idah dispatch for providing a link to read the current law. I makes a lot more sense after reading it. I hope all these bills get through

  7. I’m surprised & disappointed that my rep. Dan Foreman would oppose people forming community militias at a time when our borders are being invaded. Shame on you Dan.

  8. I ask myself why all the demos and rino republicans want to do away with guns, the 1st and 2nd amendment and now militias . I know why ….they are so scared of what they have done to the American people and what they will do.

    1. Check out TacticalCivics.com a solution to the rampant lawlessness. It’s we the people who have to enforce the Constitution. The public servants cannot investigate themselves adequately which is why we are where we are now, 2-tiered justice system.

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