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 tothe 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. 2 1 (5) Section 11, Article I, of the Constitution of the 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 3 1 congressional authority to regulate firearms, 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. question, what do this really do? what teeth does this have? has it been tested in a court of law?