Idaho Dispatch

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“Idaho Small Arms Protection Act” Introduced in Idaho House

By • March 5, 2021

A new bill has been introduced in the Idaho Legislature to protect Idahoans’ “small arms” and to prepare the state for future court battles according to the bill sponsor.

RS 28769 (bill number not yet available) was introduced this morning by Sen. Christy Zito (R-Hammett) in the House State Affairs Committee with Alexandria Kincaid presenting the bill at the “introductory hearing.” Kincaid is an attorney for the Idaho Second Amendment Alliance.

The bill’s official Statement of Purpose is as follows:

Revising Idaho Code Chapter 33, Title 18, To add Section 18-3315C to be known as the Idaho Small Arms Protection Act.  To declare legislative intent, to define small arms necessary for the right of self-defense.  To provide the Attorney General challenge certain law, Provide the right of intervention.

Zito, the bill sponsor, provided the following statement to Idaho Dispatch about his bill.

The threat of gun control from the White House and members of Congress require that Idaho’s legislature do everything in its power to defend the state of Idaho and the thousands of gun owners who are concerned about their most precious right of self-defense. There is no “next year” for this legislation because it is needed right now and I hope this pro-2nd Amendment legislature will once again make Idaho the leader in the 2nd Amendment community.

I am grateful that Chairman Crane gave the bill a hearing and gave gun owners a voice in the capitol today so their concerns and frustrations could be heard through this legislation.

Kincaid also provided a statement to the Idaho Dispatch regarding the legislation saying,

It was an honor to present the idaho Small Arms Protection Act in the House State Affairs Committe this morning. This is the most critical time I can recall for the 2nd Amendment. Gun owners across Idaho have been begging for the best protections possible in light of what is coming in the next couple of months. This legislation is the result of a number of constitutional lawyers who litigate 2nd Amendment issues, coming up with a unique piece of legislation that Idahoans can be proud of and we hope will provide a solid challenge in the courts to any gun control that comes our way.

Several legislators asked questions about some of the wording in the bill and the intent of certain provisions in the bill. Typically in an “Introductory Hearing” not as many questions are asked and a more in-depth conversation happens at the public hearing.

In the end, the bill passed on a voice vote with no legislator opposing the measure. The committee is made up of 12 Republicans and two Democrats.

A public hearing for the bill has not yet been scheduled.


Note: For readers that are unaware, I still serve as the President of the Idaho Second Amendment Alliance but wanted to make sure that information was disclosed about legislation that I am currently a part of. 

Tags: Alexandria Kincaid, Christy Zito, House State Affairs, Idaho Second Amendment Alliance, Idaho Small Arms Protection Act, RS 28769, Second Amendment Protection Act