Bill Description: Senate Bill 1009 would repeal an unconstitutional statute that says it is illegal for a group to "parade in public with firearms in any city or town of this state."

Rating: +2

Does it violate the spirit or the letter of either the U.S. 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 U.S. Constitution or the Idaho Constitution?

Section 46-802, Idaho Code, says in part, "No body of men, other than the regularly organized national guard, the unorganized militia when called into service of the state, or of the United States, and except such as are regularly recognized and provided for by the laws of the state of Idaho and of the United States, shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state."

This language violates the First and Second amendments to the U.S. Constitution and Article I, Sections 9, 10, and 11 of the Idaho Constitution.

An additional element of Section 46-802 prohibits cities and towns from arming or equipping paramilitary groups.

Senate Bill 1009 would repeal this section in full.

(+1)

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

Section 46-802, Idaho Code, is not only unconstitutional, but it criminalizes mere association. Repealing this statute removes the possibility of someone being persecuted or penalized for violating it.

(+1)