Idaho Dispatch

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Op-Ed: Protecting Idahoan’s Constitutional Rights

By • February 20, 2021

The Idaho Small Arms Protection Act is unlike any other legislation in the country, designed to protect the owners of small arms in Idaho.

Idaho has a Firearm Freedom Act, however, our prior law passed has been proven to be insufficient to protect gun owners as the Ninth Circuit Court ruled that some provisions of FFA laws violate the supremacy clause of the United States constitution.

Our goal is to defend the right of Idahoans to possess the arms necessary to protect and defend life, liberty, and the pursuit of happiness.

Idahoans expect the Democrat-controlled Congress to pass laws and President Biden to issue executive orders which will impose significant taxes on firearms and accessories routinely owned by Idahoans. They will pass taxes on ammunition, require more meaningless background checks, require waiting periods for firearms and ammunition, registration of firearms, licensing by individuals wishing to possess a firearm, and declare certain firearms and accessories illegal.

It should be noted that Idaho’s constitution prohibits many of the things Biden and Democrats in Congress are trying to do.

Here is what our state constitution says on the right to keep and bear arms:

ARTICLE I DECLARATION OF RIGHTS

Section 11.  RIGHT TO KEEP AND BEAR ARMS. The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

The bill (RS 28254) I am proposing does not declare federal laws which have been in place for decades are null and void, rather it specifically protects certain arms, ammunition, reloading supplies and components as necessary for Idahoans to defend themselves.

This is a unique way for us to set up a future court challenge and using the 10th Amendment to try and fight back.

Many of these items have been declared illegal in other states. Idaho will protect the right of our citizens to own and use them pursuant to their right protected by the Second Amendment.

This legislation will provide criminal and civil immunity to law enforcement officials and elected officials who refuse to aid federal agents in enforcing federal law passed that is not pursuant to the United States Constitution, Idaho’s Constitution, or Idaho code.

The bill will also require that the Attorney General defend the law. If the Attorney General of the state of Idaho will not defend the law, this bill provides a way for the legislature to pass a concurrent resolution to intervene on behalf of the state.

This law will not allow for violation of federal law, this is a statement that the State of Idaho will defend your right to own these small arms. As mentioned previously, Idaho has already passed (in 2014) a law which nullifies federal gun control passed from the time it was signed into law after the date of passage.

We invite all to join us in this effort to declare our state sovereignty, uphold the Second Amendment, Fifth Amendment, Ninth Amendment and Tenth Amendment.


Tags: 2nd Amendment, Attorney General, Christy Zito, Joe Biden, RS 28254

7 thoughts on “Op-Ed: Protecting Idahoan’s Constitutional Rights

  1. The ninth circuit’s decision was incorrect and in direct violation of the 2nd Amendment.

    That said, anything that our State can do additionally to further support the 2nd Amendment and potentially enhance the 2nd Amendment is welcomed.

    State Sovereignty is a good thing, the further we can distance ourselves from a power grabbing and, at this present time, illegitimate federal government the better.

  2. I have contacted my State legislators via email, entreating them to support Senator Zito’s bill. It is now up to you do the same with your legislators.

  3. Seems the bill is missing something… something that holds harmless an individual that exercises the 2A for its intended purpose as indicated in the DOI. Without that, it’s just about hunting and fending off street thugs.

  4. The 2nd Amendment is very Clear we have the Right to keep and bear Arms and that right SHALL NOT BE INFRINGED UPON! Yet in many ways the left tries and has in the past Infringed upon it. And they continue to do so. Any legislation that steps between our ability to keep and bear arms infringes upon our rights the 2nd Amendment guarantee’s US to be able to do!! These infringements HAVE to be REMOVED! The 2nd Amendment goes on to say the purpose of this Amendment is to protect US from ANY Tyrannical Government or Leadership trying to oppress US. We MUST RETAIN ALL OUR RIGHTS to Keep and to be able to Bear ARMS AGAINST ANY AND ALL ATTEMPTS to DISARM US or LIMITING OUR ABILITY TO PROTECT OURSELVES Izmir ANY WAY, SHAPE OR FORM. Which includes CCW Conttol, any Legislation to Hinder or make it more Difficult to obtain weapons, Ammunition or ways to supply ourselves with accesories and Ammunition or even Weapons IS A DIRECT VIOLATION of OUR 2nd AMENDMENT RIGHTS and should be DEALT WITH HARSHLY! Including provisions to unseat the legislators trying to impede OUR RIGHTS! FEDERAL or STATE or Even PRESIDENTIAL. Currently their isn’t any feasible way to protect our Rights except through prejudicial justice system that’s being stacked against our ability to protect our RIGHTS! We NEED A WAY FOR the People to strike back at those seeking to strip or limit our Rights. We Need The ABILITY To strip those TRYING to strip US of OUR RIGHTS of Their POWER TO DO SO! Because so far we are at Risk of loosing our ability to protect our RIGHTS from all 3 forms of Government. It’s NOT Sufficient to just state in words on paper our Rights, we MUST be Able to Strike Back at any and ALL who attempt to Disarm US by Removal of OFFICE and even Prosecution for such action.
    It’s a Shame that we must seek this but those that are coming after US actually are Leaving US little choice. It MUST BE DONE.
    While I support Zita’s bill, we need much More Protection Ability. Those that are attacking our ability to protect ourselves posses a desire to completely strip US of OUR ABILITY to Preserve Our Rights. Their intent is very Clear. And it must be stopped Completely from proceeding.

  5. Why would the Left be so hell bent in removing guns from law abiding American citizens? Why wouldn’t they be going after the lawless criminals who are using guns to commit crimes? Why if these people who are so concerned about gun violence, go to Chicago and stop the murdering of black citizens in gun violence? Why is there no interest in stopping inner city gun violence by either increased law enforcement or city laws? Answer: The Leftist Plan is to De-arm the public so as to easily control the public.

  6. If a government is for the safety of its citizens and is governing in the best interest of the country, then why is the government afraid of armed citizens? If government is that afraid of its citizens having arms, then possibly the government may not actually have the citizens best interest at heart.

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