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Idaho Bill #H0589   View details of Bill | Go to Bill Online
LEGISLATURE OF THE STATE OF IDAHO

Sixtieth Legislature Second Regular Session 2010

IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 589

BY STATE AFFAIRS COMMITTEE

1 AN ACT
2 RELATING TO FIREARMS MANUFACTURED IN IDAHO; TO PROVIDE A SHORT TITLE;
3 TO PROVIDE LEGISLATIVE INTENT; AMENDING CHAPTER 33, TITLE 18, IDAHO
4 CODE, BY THE ADDITION OF A NEW SECTION 183315A,
IDAHO CODE, TO PROVIDE

5 PROHIBITIONS ON REGULATION OF CERTAIN FIREARMS, FIREARM ACCESSORIES
6 OR AMMUNITION BY THE FEDERAL GOVERNMENT, TO PROVIDE EXCEPTIONS, TO
7 PROVIDE REQUIREMENTS FOR MARKETING OF FIREARMS IN IDAHO, TO PROVIDE
8 APPLICABILITY AND TO PROVIDE DUTIES OF THE CONSTITUTIONAL DEFENSE
9 COUNCIL; AND PROVIDING SEVERABILITY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. SHORT TITLE. This act may be cited as the "Idaho Firearms
12 Freedom Act."
13 SECTION 2. LEGISLATIVE INTENT. The Legislature declares that the
14 authority for this act is the following:
15 (1) The Tenth Amendment to the United States Constitution guarantees to
16 the states and their people all powers not granted to the federal government
17 elsewhere in the Constitution and reserves to the state and people of Idaho
18 certain powers as they were understood at the time that Idaho was admitted
19 to statehood in 1890. The guaranty of those powers is a matter of contract
20 between the state and people of Idaho and the United States as of the time
21 that the compact with the United States was agreed upon and adopted by Idaho
22 and the United States in 1890.
23 (2) The Ninth Amendment to the United States Constitution guarantees to
24 the people rights not granted in the Constitution and reserves to the people
25 of Idaho certain rights as they were understood at the time that Idaho was
26 admitted to statehood in 1890. The guaranty of those rights is a matter of
27 contract between the state and people of Idaho and the United States as of the
28 time that the compact with the United States was agreed upon and adopted by
29 Idaho and the United States in 1890.
30 (3) The regulation of intrastate commerce is vested in the states
31 under the Ninth and Tenth Amendments to the United States Constitution,
32 particularly if not expressly preempted by federal law. Congress has not
33 expressly preempted state regulation of intrastate commerce pertaining to
34 the manufacture on an intrastate basis of firearms, firearms accessories,
35 and ammunition.
36 (4) The Second Amendment to the United States Constitution reserves to
37 the people the right to keep and bear arms as that right was understood at
38 the time that Idaho was admitted to statehood in 1890, and the guaranty of
39 the right is a matter of contract between the state and people of Idaho and
40 the United States as of the time that the compact with the United States was
41 agreed upon and adopted by Idaho and the United States in 1890.

(5) Section 11, Article I, of the Constitution of the 1 State of Idaho
2 clearly secures to Idaho citizens, and prohibits government interference
3 with, the right of individual Idaho citizens to keep and bear arms. This
4 constitutional protection in the Idaho Constitution, which was approved by
5 Congress and the people of Idaho, and the right exists as it was understood at
6 the time that the compact with the United States was agreed upon and adopted
7 by Idaho and the United States in 1890.
8 (6) In 2009, the Idaho Legislature adopted House Joint Memorial No.
9 4, which stated findings of the Legislature claiming sovereignty under the
10 Tenth Amendment to the Constitution of the United States over all powers
11 not otherwise enumerated and granted to the federal government by the
12 Constitution.
13 (7) In enacting this law, the Idaho legislators are declaring their
14 intention of Idaho becoming the freest state in the Union.
15 SECTION 3. That Chapter 33, Title 18, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and
17 designated as Section 183315A,
Idaho Code, and to read as follows:
18 183315A.
PROHIBITION OF FEDERAL REGULATION OF CERTAIN FIREARMS. (1)
19 As used in this section:
20 (a) "Borders of Idaho" means the boundaries of Idaho described in
21 chapter 1, title 31, Idaho Code.
22 (b) "Firearms accessories" means items that are used in conjunction
23 with or mounted upon a firearm but are not essential to the basic
24 function of a firearm including, but not limited to, telescopic or laser
25 sights, magazines, flash or sound suppressors, folding or aftermarket
26 stocks and grips, speedloaders, ammunition, ammunition carriers and
27 lights for target illumination.
28 (c) "Generic and insignificant parts" includes, but is not limited to,
29 springs, screws, nuts and pins.
30 (d) "Manufactured" means that a firearm, a firearm accessory, or
31 ammunition has been created from basic materials for functional
32 usefulness including, but not limited to, forging, casting, machining
33 or other processes for working materials.
34 (2) A personal firearm, a firearm accessory, or ammunition that is
35 manufactured commercially or privately in Idaho and that remains within
36 the borders of Idaho is not subject to federal law or federal regulation,
37 including registration, under the authority of congress to regulate
38 interstate commerce. It is declared by the legislature that those items have
39 not traveled in interstate commerce. This section applies to a firearm,
40 a firearm accessory or ammunition that is manufactured in Idaho from
41 basic materials and that can be manufactured without the inclusion of any
42 significant parts imported from another state. Generic and insignificant
43 parts that have other manufacturing or consumer product applications are not
44 firearms, firearms accessories or ammunition, and their importation into
45 Idaho and incorporation into a firearm, a firearm accessory or ammunition
46 manufactured in Idaho does not subject the firearm, firearm accessory
47 or ammunition to federal regulation. It is declared by the legislature
48 that basic materials, such as unmachined steel and unshaped wood, are
49 not firearms, firearms accessories or ammunition and are not subject to

congressional authority to regulate firearms, 1 firearms accessories and
2 ammunition under interstate commerce as if they were actually firearms,
3 firearms accessories or ammunition. The authority of congress to regulate
4 interstate commerce in basic materials does not include authority to
5 regulate firearms, firearms accessories and ammunition made in Idaho
6 from those materials. Firearms accessories that are imported into Idaho
7 from another state and that are subject to federal regulation as being in
8 interstate commerce do not subject a firearm to federal regulation under
9 interstate commerce because they are attached to or used in conjunction with
10 a firearm in Idaho.
11 (3) Subsection (2) of this section does not apply to:
12 (a) A firearm that cannot be carried and used by one (1) person;
13 (b) A firearm that has a bore diameter greater than one and onehalf
14 (1 1/2) inches and that uses smokeless powder, not black powder, as a
15 propellant;
16 (c) Ammunition with a projectile that explodes using an explosion of
17 chemical energy after the projectile leaves the firearm; or
18 (d) A firearm that discharges two (2) or more rounds of ammunition with
19 one (1) activation of the trigger or other firing device.
20 (4) A firearm manufactured or sold in Idaho under this section shall
21 have the words "Made in Idaho" clearly stamped on a central metallic part,
22 such as the receiver or frame.
23 (5) This section applies to firearms, firearms accessories and
24 ammunition that are manufactured as defined in subsection (1) and retained
25 in Idaho after October 1, 2010.
26 (6) The Idaho constitutional defense council is hereby empowered
27 to enter into litigation and expend moneys from the Idaho constitutional
28 defense fund or any other source to protect Idaho citizens in any legal
29 matter arising out of implementing this act or complying with the provisions
30 of this act.
31 SECTION 4. The provisions of this act are hereby declared to be
32 severable and if any provision of this act or the application of such
33 provision to any person or circumstance is declared invalid for any reason,
34 such declaration shall not affect the validity of the remaining portions of
35 this act.

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