Bill Description: Senate Bill 1240 would amend 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: +1

NOTE: Senate Bill 1240 is substantially similar to Senate Bill 1056 from 2023.

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 this section prohibits cities and towns from arming or equipping paramilitary groups.

Senate Bill 1240 would repeal the statute and replace it with a condensed version, limited to the issues involving cities and towns.

"No city or town shall raise or appropriate any moneys toward arming or equipping, uniforming, or in any other way supporting, sustaining, or providing drill rooms or armories for any body associated as a military company or organization, except for the regularly organized national guard, the unorganized militia when called into service of the state or of the United States, and those that are regularly recognized and provided for by the laws of the state of Idaho and the United States."

(+1)