Bill Description: Senate Bill 1349 would recognize the legality of fully automatic weapons in Idaho if federal prohibitions are repealed or overturned. 

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Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

Senate Bill 1349 would create sections 18-3328 and 18-3329, to legalize and protect the ownership of fully automatic weapons if one of four specific “trigger events" occurs at the federal level. 

These include the following:

1. “The repeal by congress of 18 U.S.C. 922(o), or any successor provision that restricts the possession, transfer, or manufacture of machine guns by civilians;
2. A decision of the supreme court of the United States that holds 18 U.S.C. 922(o), or any successor provision that restricts the possession, transfer, or manufacture of machine guns by civilians, unconstitutional in whole or in relevant part;
3. A decision of a federal court of competent jurisdiction that is binding in the state of Idaho and that permanently enjoins the enforcement of 18 U.S.C. 922(o), or any successor provision that restricts the possession, transfer, or manufacture of machine guns by civilians, within the state of Idaho, and such decision is not stayed; or
4. Formal written notice by the attorney general of the state of Idaho that the bureau of alcohol, tobacco, firearms and explosives, or any successor agency, has ceased enforcing 18 U.S.C. 922(o), or any successor provision that restricts the possession, transfer, or manufacture of machine guns by civilians, as to law-abiding civilians generally.”

If one of the trigger events occurs, any person who is “not otherwise prohibited from possessing firearms under state or federal law” will be allowed to legally “possess, purchase, receive, sell, transfer, or manufacture a machine gun in this state.”

Also, if one of the trigger events occurs, government agencies and local governments would be prohibited from adopting or enforcing “any rule, regulation, ordinance, or policy that has the purpose or effect of prohibiting or unduly burdening the lawful possession, purchase, receipt, sale, transfer, or manufacture of machine guns as authorized by this section.”

Removing prohibitions on firearms ownership and possession is consistent with the recognition and protections of the fundamental right to keep and bear arms found in both the federal and state constitutions. 

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

If one of the trigger events occurs, most Idahoans would be able to legally own and possess fully automatic weapons without facing enforcement or penalties.

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Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the tenth amendment. Conversely, does it restore or uphold the principles of federalism?

Expanding the right to keep and bear arms is positive, but Senate Bill 1349 does so in a problematic manner that conflicts with the principles of federalism.

The bill frequently references 18 U.S.C. 922(o), and makes its protection of fundamental rights contingent on the repeal or overturn of this federal law, but the state is not obligated to enforce any federal law — especially those which are repugnant to constitutional principles and violate individual rights.

The state could — without requiring any of the triggers contained in this bill — recognize that the right to keep and bear arms includes fully automatic weapons, and refuse to enforce (or assist in the enforcement of) any federal law to the contrary. 

Moreover, the bill further incorporates federal law into Idaho code by extending its protections only to those individuals who are “not otherwise prohibited from possessing firearms under state or federal law.” 

The bill also explicitly says it would not “prohibit cooperation or information-sharing relating to conduct that remains unlawful under state or federal law.”

Broadly referencing or requiring compliance with “federal law” subordinates state law to changeable federal statutes, which means that the federal government can effectively change state law without the Legislature's knowledge or consent.

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