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