Bill Description: Senate Bill 1430 would expand state preemption of local firearm regulations, provide for penalties against political subdivisions, and provide legal recourse for those harmed by local regulations of firearms.
Rating: +3
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 1430 would amend Section 18-3302J, Idaho Code, which is the state’s preemption law prohibiting local governments from infringing on the right to keep and bear arms.
The bill would clarify that these political subdivisions may not circumvent the law through an “executive order of policy.” It would also say that any “law, rule, regulation, ordinance, executive order, or policy” in violation of this law “shall be void, unenforceable, and subject to a permanent injunction against the political subdivision.”
It also says, “It shall not be a defense to a violation of this subsection that the political subdivision was acting in good faith or on the advice of counsel.”
(+1)
The bill would also create a new subsection that adds teeth to the law, saying, “Any county, city, agency, board, or any other political subdivision of this state that willfully and knowingly violates the provisions of this section shall be subject to a civil penalty of ten thousand dollars ($10,000) per violation.”
While it can be difficult to prove that a political subdivision’s actions are willful and knowing, this provision would at least provide the possibility of a penalty for a flagrant violation.
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Finally, the bill would create a new subsection to provide legal recourse for those harmed by local regulations of firearms.
It says, “The attorney general or any person or organization whose membership is adversely affected by a law, rule, regulation, ordinance, executive order, or policy that violates the provisions of this section may maintain an action for damages, declaratory relief, or permanent injunctive relief.”
It also says, “The plaintiff shall be awarded reasonable costs and attorney's fees upon prevailing or if the law, rule, regulation, ordinance, executive order, or policy is repealed or rescinded after the action was filed but prior to a final determination by the court.”
Such an action would not be immediately available, however. The law would require the person or organization to first provide written notice to the Attorney General. Once the AG receives the notice, he will have 30 days to investigate if a violation has occurred. If he finds one, he “shall notify the offending jurisdiction that it has thirty (30) days to cure the violation, and if the jurisdiction fails to do so within thirty (30) days, the cause of action may proceed.”
Creating a path for legal recourse is broadly positive, but requiring the AG to investigate and affirm the existence of a violation before an action may proceed is troubling.
(+1)
