Sunday, April 7, 2019
Bump-stock Ban in Idaho? Not so much...
...and it isn't just bump-stocks...
BOISE, Idaho (Dec. 19, 2018) – An Idaho law passed in 2014 bars state or local enforcement of President Trump’s unconstitutional bump stock ban.
The president initiated his bump-stock ban via executive action. U.S. Attorney General Jeff Sessions announced the Department of Justice was in the process of formulating rules to ban the devices last March after Trump signed a memorandum directing the department to make the regulatory change in February. The ban was in response to the tragic shooting at a Las Vegas concert that killed 59 people.
As TJ Martinell wrote before the ban was instituted, “Regardless of how effective a bump stock ban might be in preventing mass shootings or reducing casualty count (not very), the feds have no authority delegated to them to enact such a rule. Under the Constitution, this is power simply does not exist.”
On March 20, 2014, Idaho Gov. Butch Otter signed a bill that effectively nullifies any federal gun laws passed after that date. The Idaho law prohibits state or local enforcement of any federal act relating to personal firearms, a firearm accessory, or ammunition in violation of the Idaho state constitution’s protections of the right to keep and bear arms.
The Idaho Federal Firearm, Magazine and Register Ban Enforcement Act “protects Idaho law enforcement officers from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations enacted or promulgated on or after the effective date of this act, to violate their oath of office and Idaho citizens’ rights under Section 11, Article I, of the Constitution of the State of Idaho.”
That section of the Idaho constitution bars ” the confiscation of firearms, except those actually used in the commission of a felony,” and disallows other restrictions on a person’s lawful right to own firearms and ammunition.
Under the law:
“Any official, agent or employee of the state of Idaho or a political subdivision thereof who knowingly and willfully orders an official, agent or employee of the state of Idaho or a political subdivision of the state to enforce any executive order, agency order, law, rule or regulation of the United States government as provided in subsection (2) of this section upon a personal firearm, a firearm accessory or ammunition shall, on a first violation, be liable for a civil penalty not to exceed one thousand dollars ($1,000) which shall be paid into the general fund of the state.”
Read the rest, here.
Posted by K at 3:08 PM