mangrumsNet

As other states have already done, Idaho is finally following up on the 10th Amendment memorial (HJM004) by introducing a bill that would exempt local transactions from federal oversight.  Since federal jurisdiction is limited to interstate commerce, certain firearms, accessories, or ammunition that was manufactured, sold, and kept in Idaho would not be subject to federal regulation.  Here is the text of H0589:

RELATING TO FIREARMS MANUFACTURED IN IDAHO; TO PROVIDE A SHORT TITLE;
TO PROVIDE LEGISLATIVE INTENT; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18­3315A, IDAHO CODE, TO PROVIDE PROHIBITIONS ON REGULATION OF CERTAIN FIREARMS, FIREARM ACCESSORIES OR AMMUNITION BY THE FEDERAL GOVERNMENT, TO PROVIDE EXCEPTIONS, TO PROVIDE REQUIREMENTS FOR MARKETING OF FIREARMS IN IDAHO, TO PROVIDE APPLICABILITY AND TO PROVIDE DUTIES OF THE CONSTITUTIONAL DEFENSE COUNCIL; AND PROVIDING SEVERABILITY.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1.   SHORT TITLE. This act may be cited as the "Idaho Firearms Freedom Act."SECTION 2. LEGISLATIVE INTENT. The Legislature declares that the authority for this act is the following:

(1) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Idaho certain powers as they were understood at the time that Idaho was admitted to statehood in 1890. The guaranty of those powers is a matter of contract between the state and people of Idaho and the United States as of the time that the compact with the United States was agreed upon and adopted by Idaho and the United States in 1890.

(2) The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of Idaho certain rights as they were understood at the time that Idaho was admitted to statehood in 1890. The guaranty of those rights is a matter of contract between the state and people of Idaho and the United States as of the time that the compact with the United States was agreed upon and adopted by Idaho and the United States in 1890.

(3) The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.

(4) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Idaho was admitted to statehood in 1890, and the guaranty of the right is a matter of contract between the state and people of Idaho and the United States as of the time that the compact with the United States was agreed upon and adopted by Idaho and the United States in 1890.

(5) Section 11, Article I, of the Constitution of the State of Idaho clearly secures to Idaho citizens, and prohibits government interference with, the right of individual Idaho citizens to keep and bear arms. This constitutional protection in the Idaho Constitution, which was approved by Congress and the people of Idaho, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Idaho and the United States in 1890.

(6) In 2009, the Idaho Legislature adopted House Joint Memorial No. 4, which stated findings of the Legislature claiming sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution.

(7) In enacting this law, the Idaho legislators are declaring their intention of Idaho becoming the freest state in the Union.

SECTION 3. That Chapter 33, Title 18, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 18­3315A, Idaho Code, and to read as follows:

18­3315A. PROHIBITION OF FEDERAL REGULATION OF CERTAIN FIREARMS.

(1) As used in this section:

(a) "Borders of Idaho" means the boundaries of Idaho described in chapter 1, title 31, Idaho Code.

(b) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition, ammunition carriers and lights for target illumination.

(c) "Generic and insignificant parts" includes, but is not limited to, springs, screws, nuts and pins.

(d) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness including, but not limited to, forging, casting, machining or other processes for working materials.

(2) A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Idaho and that remains within the borders of Idaho is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm,  a firearm accessory or ammunition that is manufactured in Idaho from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories or ammunition, and their importation into Idaho and incorporation into a firearm, a firearm accessory or ammunition manufactured in Idaho does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories and ammunition made in Idaho from those materials. Firearms accessories that are imported into Idaho from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Idaho.

(3) Subsection (2) of this section does not apply to:

(a) A firearm that cannot be carried and used by one (1) person;

(b) A firearm that has a bore diameter greater than one and one­half (1 1/2) inches and that uses smokeless powder, not black powder, as a propellant;

(c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

(d) A firearm that discharges two (2) or more rounds of ammunition with one (1) activation of the trigger or other firing device.

(4) A firearm manufactured or sold in Idaho under this section shall have the words "Made in Idaho" clearly stamped on a central metallic part, such as the receiver or frame.

(5)   This section applies to firearms, firearms accessories and ammunition that are manufactured as defined in subsection (1) and retained in Idaho after October 1, 2010.

(6) The Idaho constitutional defense council is hereby empowered to enter into litigation and expend moneys from the Idaho constitutional defense fund or any other source to protect Idaho citizens in any legal matter arising out of implementing this act or complying with the provisions of this act.

SECTION 4. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.