AG’s Office Says Local Police Cannot Keep Gun Lists, Registries as Twin Falls Dispute Continues

Idaho Attorney General Raul Labrador’s office says state law prohibits law enforcement from keeping a list of firearms or firearm owners unless the records were part of a criminal investigation or prosecution.

In an email to Sen. Glenneda Zuiderveld (R-Twin Falls), Chief of Staff Phil Skinner cites an Idaho Code passed in 2023. The bill, HB 295, was named the “Second Amendment Financial Privacy Act.” The code can be found in IC 18-3326A.

Skinner’s email to Zuiderveld, who was a co-sponsor of HB 295, says,

“Regarding your inquiry below, we have jurisdiction over this issue. The statute, which was passed in 2023, is Idaho Code 18-3326A. The relevant portion states, “Except for those records kept during the regular course of a criminal investigation and prosecution or as otherwise required by law, a state government entity or local government . . . may not knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms.” I.C. 18-3326A(2).

The statute also says that “[t]he attorney general may investigate alleged violations of this section . . . .” I.C. 18-3326A(6). If we find a violation, we’re supposed to provide written notice and an opportunity to correct it. Id. If it is not corrected, our office “shall pursue an injunction.” I.C. 18-3326A(8).

Because the Attorney General has a responsibility to investigate this matter, I am reluctant to provide a legal opinion addressing the specifics of this Twin Falls matter for you at this time.

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Feel free to reach out if you would like to discuss further.”

Idaho Dispatch contacted Lt. Terance Thueson with the Twin Falls Police Department, also listed as the city’s media contact, to ask for a response. We have not received one at this time.

TFPD did release a statement before the AG’s opinion that said they were not keeping a gun registry and that they fully support the Second Amendment. You can read about it here in an article released by Idaho Dispatch.

The AG’s response comes as a dispute continues in Twin Falls over a third-party program called LeadsOnline. According to its website, LeadsOnline is used by police agencies nationwide to assist in stolen property crimes.

However, several gun shops in Twin Falls, QRF (owned by Daniel and Tara Corsini) and Homestead Tactical (owned by Joshua Van Dyke), say they refused to use the program because they felt it was creating a “de facto gun registry.” Additionally, they cited concerns over the police having their customer’s private information without an active investigation requiring such information.

Idaho Dispatch contacted Zuiderveld, QRF, and Homestead Tactical for a response to the AG’s opinion. Zuiderveld responded to our inquiry by saying,

“I appreciate the prompt and thorough response from the Attorney General’s office regarding our issue here in Twin Falls, as well as the confirmation of jurisdiction over this matter. It is reassuring to see the law being upheld to protect the rights of Idahoans, particularly in safeguarding our Second Amendment rights.

I fully support the outlined steps for addressing potential violations and have confidence that the Attorney General’s office will continue to act in the best interest of our citizens. I look forward to collaborating on this and other critical issues.”

QRF sent Idaho Dispatch the following response to the AG’s opinion:

“We are encouraged by what the Attorney General has noted in their response to government tracking gun owners or their firearms. This shows that even when one or two people stand up for their rights, there is a ripple effect of other citizens who will stand up as well.

This also shows that we should never quit fighting, even in the face of criticism or when some believe the issue is minor. Our rights must be protected no matter how big or small it may seem. We hope to move on from this issue soon and look forward to hearing the city’s response to the AG.”

Homestead Tactical has not responded to our request for comment.

Update on 10:41 a.m. MT on 8/30/2024:

“We so often hear of the apathy of citizens and their governments towards the protection and safeguarding of our Rights. What AG Labrador has done today, where he’s chosen to take a stand, is encouraging beyond measure and begins to restore hope in our systems of governance. It restores our faith in a Justice System that doesn’t play favorites or cater to related entities within that system.

This effort we’re trying to bring to light benefits Every. Single. Idahoan! This isn’t about some small gun shops in some small town of Idaho-it’s about protecting and preserving our Right to Privacy-as Citizens! Thank you, AG Labrador, for standing on the side of Freedom and defending, truly standing up for our state and federal constitutions”!

Idaho Dispatch contacted Christy Zito from the Idaho Second Amendment Alliance and the National Rifle Association for comments, as both organizations supported HB 295.

Zito responded to the AG’s opinion, stating,

“I am so proud of the gun owners, and specifically QRF and Homestead Tactical, for standing up for the right to keep and bear arms. Our rights are only protected for as long as citizens stand up and fight.

The AG’s opinion confirms that local government agencies’ requirement to turn over private information about citizens and their firearms is against the law. Moreover, the AG’s opinion clearly says that gun shops cannot even voluntarily turn over this information as the records being kept by any Idaho police agency violates Idaho law. It also clearly violates the 2nd Amendment.

I am grateful for AG Labrador’s office ensuring the rights of Idaho’s gun owners are protected.”

Idaho Dispatch also contacted Hannah Hill with the National Association for Gun Rights, who had sent a letter to TFPD telling them to cease using LeadsOnline to track firearms and firearm owners or face potential legal action. We have not received a response at this time.

(Update as of 10:41 a.m. MT on 8/30/2024 with a response from Hill:)

“We are very glad to see the attorney general’s office taking this violation of the state’s preemption law seriously and we look forward to the results of the investigation. Regardless of intent, tracking any part of gun transaction data in a third-party database is a violation of the law, and we trust this de facto gun registry will end quickly.”

Zuiderveld tells Idaho Dispatch that she will ask the AG’s office to ensure that police agencies across the state are not violating IC 18-3326A as she is aware that multiple police agencies are using LeadsOnline, primarily to track customer information and firearm information for secondhand firearm purchases.

What do you think of the AG’s opinion? Let us know in the comments below.

Previous articles on this issue you may have missed:

Twin Falls Gun Shops, Police at Odds Over Alleged ‘Gun Registration’ Program
Twin Falls P.D. Denies ‘Gun Registry’ Accusation
National Gun Group Looking into Twin Falls Gun Shop, Police Controversy

Note: Greg Pruett is the President of the Idaho Second Amendment Alliance

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Tags: Christy Zito, Glenneda Zuiderveld, Hannah Hill, HB 295, Homestead Tactical, Idaho Second Amendment Alliance, LeadsOnline, National Association for Gun Rights, Phil Skinner, QRF, Raul Labrador, Second Amendment Financial Privacy Act, Twin Falls Police Department

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