Idaho cities

Can cities and counties in Idaho legally declare themselves “Second Amendment sanctuaries”?

There are more than a dozen Second Amendment sanctuary cities in Idaho, but an Oregon county statement begs the question of whether state law can replace federal law.

BOISE, Idaho – “Second Amendment Sanctuary City” is a term that has been more relevant in Idaho in recent years, especially as several cities in Idaho have declared themselves one in the past year. .

As a Second Amendment sanctuary, any state or federal law found to infringe a person’s right to bear arms will not be enforced in that state, city or county.

La Cité des Étoiles declared itself the second city of amendment sanctuary in July 2020, followed by Aigle in September 2020 and Cascade and Saint Antoine in October 2020.

Nampa added her name to the list late last year, and Kuna and Hagerman started 2021 with the same statements.

There are currently over a dozen cities and counties Second Amendment sanctuaries in Idaho.

The Second Amendment Sanctuary movement gained momentum in 2018 when the threat of stricter gun laws was considered following several mass shootings across the country.

As of last fall, about 400 sites in 20 states considered themselves a Second Amendment sanctuary. In 2021, they are around 1,200.

None of the current Second Amendment sanctuary cities have been subject to legal scrutiny so far. Columbia County, a small county north of Portland, Ore., Narrowly passed an ordinance last year stating that county officials would not enforce most state, federal and local gun regulations. .

In addition, the ordinance stipulated that anyone who enforced these regulations would be liable to a fine. Individuals would be fined $ 2,000 and corporations would be fined $ 4,000.

The ordinance, however, allowed exceptions, such as enforcing gun restrictions on criminals.

The measure was passed by the Oregon legislature in November 2020, but state law allows a judge to review the order to make sure all sections are legal before putting it into effect.

Supporters of the ordinance favor less regulation, while opponents argue that federal law replaces state law and constitutions.

There is currently no time limit for this determination, and the judge’s ruling will not influence laws outside of Oregon. Some believe, however, that the challenges presented in Beaver State may influence the sanctuary towns of Idaho.

In 2014, then-Gov. Butch Otter enacted Senate Bill 1332, Idaho’s federal gun, magazine, and registry ban law. The bill passed Idaho House 68-0 and the Idaho Senate 34-0.

SB 1332 was intended to protect Idaho law enforcement officers from being forced to violate their oath to uphold the Idaho Constitution. Concretely, article 11, article 1 mentions the right of the people to possess and bear arms, which cannot be shortened.

The Idaho attorney general has yet to weigh in on the legality of those cities and counties, but the Virginia attorney general has said those statements have little or no legal force.

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