Idaho Statewide Rule
Idaho Firearms Preemption Bars Local Gun Ordinances
Key Facts
- Statute
- Idaho Code 18-3302J
- Local Gun Laws
- Preempted statewide
- Discharge Ordinances
- Limited local exception
- Attorney Fees
- Awarded to prevailing plaintiff
- Scope
- Sale, possession, carry, storage
Summary
Idaho Code 18-3302J broadly preempts local government regulation of firearms, ammunition, and components, voiding city or county gun ordinances that exceed state law and protecting uniform statewide firearm rights.
18-3302J. Preemption of firearms regulation. (1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen’s right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature’s intent to wholly occupy the field of firearms regulation within this state. (2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, ordinance, executive order, or policy which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition. Any such law, rule, regulation, ordinance, executive order, or policy shall be void, unenforceable, and subject to a permanent injunction against the political subdivision, as provided in subsection (7) of this section. 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. (3) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect: (a) A person discharging a firearm in the lawful defense of person or persons or property;
Full Breakdown
Idaho Code 18-3302J declares that the Idaho legislature occupies the field of firearms regulation and preempts all local rules concerning the sale, acquisition, transfer, ownership, possession, transportation, carrying, registration, storage, taxation, or licensing of firearms, ammunition, components, accessories, or shooting ranges. Cities, counties, agencies, and special districts cannot enact or enforce ordinances inconsistent with state law. Limited exceptions allow regulation of discharge of firearms within municipal limits and certain restrictions in publicly owned buildings, but local gun bans, registration schemes, magazine limits, and assault-weapon restrictions are void. Persons adversely affected may sue, and prevailing plaintiffs recover attorney fees and costs. Boise, Pocatello, and Moscow cannot create stricter local rules.
Violations & Penalties
Conflicting local ordinances are null and void. Officials enforcing void rules face civil liability and prevailing plaintiffs recover attorney fees and costs.
Frequently Asked Questions
Can Idaho cities ban assault weapons or large magazines?
What can cities still regulate regarding firearms?
What happens if a city passes a void firearms ordinance?
Sources
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