CITIZen Action
LEGISLATIVE SPOTLIGHT
MILITIA, PARADES REPEAL
At a time when violent incidents of extremism with firearms are at an all time high, we should be looking to deescalate division, and strengthen rather than weaken the legal standards that help establish what conduct is acceptable in our democracy. This bill would encourage armed intimidation and the open carrying of firearms in Idaho by allowing individuals to form a militia and openly parade in public with firearms.
But, Senate Bill 1007 would repeal in its entirety an Idaho law that prohibits unauthorized paramilitary organizations that are not accountable to state or federal authorities. The bills sponsor, Senator Daniel seeks to repeal it its entirety an Idaho law that
prohibits unauthorized paramilitary organizations that are not accountable to state or federal authorities.
In the statement of purpose drafted in the bill Sen. Foreman claims, Senate Bill 1007 “supports the Second Amendment Rights afforded to Idahoans under the U.S. Constitution.”
But that is not true. Idaho’s prohibition against unauthorized paramilitary organizations is fully consistent with the First and Second Amendments to the U.S. Constitution and with the Idaho Constitution and Idaho’s substantial regulation of military and paramilitary activity. From 1886 to 2021, the U.S. Supreme Court has upheld that no other than the regular organized volunteer militia of a state, and the troops of the United States ,could legally associate themselves together as a military company or organization, to drill or parade with arms in any city or town of this state, without the license of the governor thereof.
The Idaho law that Senate Bill 1007 would attempt to repeal the Idaho and US Constitution, inevitably resulting in lawsuits that will come out of our tax dollars for political games and the favor awarded them by introducing legislation of this kind at all. (Foreman)
For Context:
Idaho already allows residents to openly carry both handguns and rifles freely in public without any requirement of a permit. This bill would remove the one check on this dangerous policy by repealing the existing prohibition on forming a militia or parading with a firearm.
Open carry -- the act of carrying firearms visibly in public -- is a dangerous policy that is exploited by white supremacists and opposed by law enforcement and the public.
Research shows that open carry makes us less safe: visible guns have been found to make people more aggressive; therefore open carry makes it more likely that disagreements will turn into violent conflicts.
In fact, the open carry of loaded firearms during any demonstration increases the likelihood that such an event will escalate into a dangerous or deadly situation.
Idaho's Senate is now considering , Senate Bill 1007. This proposal would entirely repeal Idaho’s anti-militia statute,
In short, Senate Bill 1007 seeks to repeal is entirely inconsistent with Idaho’s constitution and statutory regulation of the state militia, and long held determinations of the Supreme Court opening up legal arguments and hoping with the passage that determinations will be made by federal courts advance to The Supreme Court and advance a fringe extremist movement antithetical to a democracy; people driven, majority governance.
There is no authority for any “body of men, other than the regularly organized national guard, the unorganized militia when called into service of the state, or of the United States to “associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state.” Idaho Code
§ 46-802.
This bill seeks to repeal a law designed to protect public safety against the threat of private paramilitary organizations unaccountable to governmental authorities.
The Statement of Purpose associated with Senate Bill 1007 states that it “supports the
Second Amendment Rights afforded to Idahoans under the U.S. Constitution.” The sponsor falsely claims, that his bill would repeal, which has been part of Idaho’s laws since 1927. This is incorrect. Idaho’s prohibition against unauthorized paramilitary organizations is fully consistent with the First and Second Amendments
to the U.S. Constitution and with the Idaho Constitution and Idaho’s substantial regulation of military and paramilitary activity.
CONSIDERATIONS:
- Calls and emails to Governor Little should also include that he has repeatedly stated and campaigned on backing law enforcement- but this bill makes their jobs even more dangerous. This is not supporting the concept of policing with communities, it is embedding those who want to outside the law and nonviolent protest, intimidate and depress civic engagement, and dismantle democratic institutions for their gain. This bill would further opens the door to dangerous and violent behavior, fuels deepening division and ushers in violence which further errodes engagement in civic participation. Those seeking to take an active part in their governance, we should be building confidence in the practice of democracy. If concerns over personal and public safety are codified in armed persons with potential divergent and oppositional don't feel physically safe to do so, how can we have claim a democratic practice of people driven governance?
- In the United States, the risks of civic participation should never come with the considerations of whether or not it will result in harm, injury or death. But we will never build what we need together if we don't approach even these legislators with the space and grace to move and change their minds. Offer We all have positions that we often can navigate if them if we surrender our need to being right
- consequences for those seeking to take an active role in peaceful and critical civic engagement necessary for any democracy to exist.
- The cost of this bill advancing cost us all our voice, peace of mind and our ability to engage and advocate for ourselves and out communities without risk of reprisal, injury or worse. It also subjects peace officers and stewards of democracy in jeapordy. All these should be honored, and celebrated as the foundations of our democracy - and we must demand that our legislatures stand on their promise to commit their service to the majority of the people who deserve a government and access to it without threat from a fringe minority.
Contact Governor Brad Little as ask for a veto should this advance:
Contact legislators to voice your opposition:
Chuck Winder
President Pro Tempore of the Senate
P.O. Bo 83720
Boise, ID 83720-0038
Mike Moyle
Speaker of the House
P.O. Box 83720
Boise, ID 83720-0038
House Bill Proposed: “School and Library Protection Act”
This new Idaho bill would open schools and public libraries to lawsuits and fines of up to 10K per incident. The bill outlines — often in graphic detail — library materials that would be defined as obscene and “harmful to minors.” The bill’s wording carves out exceptions for materials that have “serious literary, artistic, political, or scientific value for minors, according to prevailing standards in the adult community.” for allowing minors to obtain books, films and other media that depict sexual content deemed “offensive.” (Rep. Jaron Crane)
Read more at: https://www.kmvt.com/2023/02/14/legislation-aimed-protecting-minors-introduced-committees/
S1008 repeals and adds to existing law to revise provisions regarding concealed weapons on university campuses prohibiting regulation by administrations of public colleges and universities to place limitations on possession, carrying, or transporting of firearms or ammunition by any person carrying a concealed weapon permit (Foreman)
SB1002 This legislation amends Idaho's criminal abortion law, section 18-622, to change the definition of abortion. The key effect is to put the focus on whether a living human child is being killed, and this legislation offers clarity on medical intervention in the case of ectopic pregnancy and other medical situations. (Sens. Scott Herndon and Daniel Foreman)
SB1003 Amends existing law to provide that a bidder, offeror, contractor, or subcontractor shall not be required to provide access to a multiple occupancy restroom, multiple occupancy shower facility, or multiple occupancy changing room on any basis other than biological sex. (Herndon)
S1004 (self-defense, immunity), and S1006 (immigration law) to enhance Idaho's Castle Doctrine and Stand Your Ground laws. This legislation protects an individual if they merely threaten the use of force in a lawful self-defense situation, and it offers a person who uses lawful force a legal opportunity in the courts to claim self-defense immunity. (Herndon)
SB1009 Idaho governments cannot “Order Idaho residents in general to remain in their homes, close their businesses, social distance, or wear masks or other facial coverings because of an emergency, extreme emergency, or medical emergency, whether declared or undeclared; or advertise via any medium, electronic or otherwise, for the recommended public use of any vaccine, drug, or medication classified as experimental by competent medical authority (and related similar language). (Foreman)
S1011 the bill would add the words sexual orientation and gender identity to Idaho’s Civil Rights Act, a bill that has failed to pass the Legislature for more than 15 years. (Wintrow)
