Idaho Dispatch

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Breaking: ISAA Loses in Idaho Supreme Court, Calls For Special Session of the Idaho Legislature

By • June 22, 2023

The Idaho Second Amendment Alliance has lost its case in the Idaho Supreme Court today pertaining to a dispute over the right of the public to carry firearms in a Sandpoint City Park.

You can read the background of the case here:

Judge Rules Festival at Sandpoint Can Ban Firearms at Public Park Leased to the Non-Profit – Idaho Dispatch

and here: Senator Scott Herndon, ISAA, et al. and the City of Sandpoint Argue Gun Rights at Idaho Supreme Court (Article Updated) – Idaho Dispatch

Plaintiffs Scott Herndon (Idaho State Senator, R-District 1), Jeff Avery, the Idaho Second Amendment Alliance, and the Second Amendment Foundation, Inc. filed suit against the City of Sandpoint and the Festival at Sandpoint for violating the rights of the people to carry firearms on public property – in this case War Memorial Field, a public park maintained and managed by the City of Sandpoint.

Sandpoint argued that the Festival, a private organization, did in fact have the right under Idaho law to prohibit the carrying of firearms in that park during the duration of their lease for the event in August 2019, a two-week agreement.

A Bonner County judge ruled in favor of the City of Sandpoint. The case was appealed to the Idaho Supreme Court.

Today, in a 5-0 decision, the Idaho Supreme Court sided with the City of Sandpoint, saying park lease-holders can in fact ban the carrying of firearms in city parks.

Idaho Second Amendment Alliance President Greg Pruett responded by saying,

“Today’s decision by the Idaho Supreme Court opened Pandora’s Box for gun grabbers in Idaho. Idahoans can no longer feel confident that they can carry on public property because the Idaho Supreme Court essentially gutted the state’s firearm preemption statute. Gun owners need to contact Governor Little immediately and demand an emergency legislative session to correct this problem.”

Pruett and the ISAA also put out this video: Breaking! Idaho Supreme Court Guts the 2nd Amendment in Idaho! (rumble.com)

You can view a summary of the ISC opinion here:

Published Opinion Summary

You can view the entire opinion here:

Published Opinion

Idaho Dispatch reached out to the City of Sandpoint for comment. We will update if a response is received.

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Tags: 2A, City of Sandpoint, Festival at Sandpoint, Firearms, Guns, Idaho Second Amendment Alliance, Idaho Supreme Court, ISAA, Preemption, Senator Scott Herndon

20 thoughts on “Breaking: ISAA Loses in Idaho Supreme Court, Calls For Special Session of the Idaho Legislature”

  1. That is TOTALLY ludicrous!!! So now every time I go to a public park I have to have researched if someone has ‘reserved’ the whole park, or a portion of the park? Once I find out if it is reserved then I have to ask for a copy of their reservation agreement? Isn’t there something that obeying the law cannot be egregious? It must be something that all people have a reasonable expectation as to know the law? You can’t have something that could change from day to day or even hour to hour.

    So, the MAIN way to fix this is to tell the person or group who is reserving the park that it is in fact a PUBLIC space and they are NOT allowed to ban open carry firearms since there is a law in Idaho which allows it. If they want a place where they can limit it like that, then go rent out a PRIVATE facility. The PUBLIC park is not the place for them.

    A chicken sh** way to appease would at least make the person or group who is reserving it and restricting the people’s rights have to have signs posted EVERYWHERE so that no one could say they did not see the sign and it would read “so and so as part of their reservation of this park has forbid open carry anywhere in the park on this day from this time to this time.” (Of course I do not recommend that approach ) but then at least people could know prior to being arrested and the people could call for a boycott of the group.

    1. Informing the leasing group that they can’t ban open carry in the leased public park wouldn’t have worked in the Sandpoint case. They are in agreement with the gun banning group. Politically, Sandpoint is like the San Francisco of North Idaho.

  2. All 5 of the Idaho Supreme Court Justices shall be replaced or impeached. They do not recognize the Constitution of The United Staes of America. They are to be removed from office immediately.

    3. The justice culture of Idaho is ‘no incumbent judge shall be challenged.’ Find me one attorney, that is courageous enough to run against any incumbent judge. Idaho’s attorney culture is horrible. The selection of judges in Idaho is proof that Idaho is politically corrupt. Most of the judges are appointed by our Governors under a corrupt system. Does anyone running for any office in Idaho propose to change the law and culture regarding election of judges? There is only about two politicians wanting to change this. Can you name the honest politicians?

    4. Amen. They should all be voted out for this egregious ruling which defies not only common sense, but all other precedent. There is no ruling on the books which allows a private organization to deny someone First Amendment rights when they lease public property. One’s Fourth Amendment rights don’t go out the window simply because a private entity leases public space. This is absolutely a power grab by moneyed interests controlling our Justices and they should be tossed – or better yet: impeached.

    5. This action shows what is happening with our GREAT STATE, with the infiltration of do I dare say….LIBERALS !!!!

    6. Absolutely!! Remember their names and vote them out. If anyone starts a recall, everyone jump on that band wagon ASAP! This is absolutely contrary to our State Constitution AND the U.S. Constitution. I can’t believe these activist judges who apparently think they are lifers. They should be fired for misconduct and sue their Surety Bonds (every public official has to have) for not performing their jobs as their oath prescribes, to protect the inalienable rights of the people.

  4. The preemption clause in Idaho Code clearly removes the ability of cities and counties to regulate firearms. The fact that all five Idaho justices ruled for Sandpoint is another example of how the rule of law is falling apart.

    1. No.

      Not “falling apart”. Just being actively and consciously discarded on point of “political convenience”.

      There is no longer a “justice system”. Only a “JUST US system”.

    2. Our politicians,government employed and the military is the force that has bankrupted this nation and destroyed our freedoms and linerties. It wasn’t China, Russia, North Korea nor Iran.

  5. If “gun-control laws” can not be the force by which to disarm the public via legislative means, then the “economic option” becomes most effective in accomplishing those very aims.

    This, I have observed time and time again.

  6. it seems like they are okay with you having a firearm except every place you go to…

  8. Other than making rain water in the panties I see nothing informative being written here in opposition to this ruling. I hope something more cogent comes from the readers of this publication than what I’ve read so far. The court ruled that when this publically owned facility is leased to a private organizer of an event the property shall be treated as a “privately owned facility”. Anyone care to address that issue without whining or threatening, maybe one of the attorneys for this case? It seems that no one wants to address this as a point of law but, rather, call a special session of the legislature to address this aggregious wrong to society. It’s PRIVATE PROPERTY for the duration of the lease, not forever.
    “Gun Grabbers”??? Give me a break.

    1. So suppose the left sees this as a method to control our rights and begins to negotiate long term leases on public property, already being done to Ranchers who are edged out of grazing lands by enviornmental groups. As pointed out above, how is the average citizen supposed to know when a public prperty is leased out and the new rules set by the temporary owners. If it is now private property for the duration of the lease does it now mean that it is a constitution free zone ?

  9. The Idaho Supreme Court Justices:
    Chief Justice Richard G Bevan,
    Justice Robyn M Brody,
    Justice John R Stegner,
    Justice Gregory W Moeller,
    Justice Colleen D Zahn
    are responsible for this unconstitutional fiasco!
    Remember them! Make their names known in conservative communities!! They are a blemish on our society. Impeach!

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