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Alert: Idaho Firearm Preemption Bill Introduced

Idaho lawmakers have introduced SB 1430, a late‑session proposal designed to reinforce the state’s firearm preemption law and limit the ability of local governments to regulate guns.

Under Idaho’s existing preemption statute, cities and counties are already prohibited from passing their own firearm restrictions. SB 1430 builds on that framework by adding enforcement mechanisms, clarifying prohibited actions, and creating a formal process for addressing violations.

SB 1430 expands the list of prohibited local actions to include not only ordinances, but also policies and executive orders. It makes clear that political subdivisions may not regulate the sale, transfer, ownership, possession, carrying, transportation, or storage of firearms, ammunition, or firearm components.

Any local rule that violates state preemption would be automatically void and unenforceable. The bill also specifies that “good faith” or legal advice cannot be used as a defense by a city or county that adopts an unlawful policy.

One of the most significant changes is the introduction of a $10,000 civil penalty for any political subdivision that willfully and knowingly violates the preemption law. This mirrors enforcement models used in other states with strong preemption statutes.

SB 1430 authorizes individuals or organizations whose rights are affected to seek damages, declaratory relief, or a permanent injunction. If they prevail, or if the local government repeals the offending rule after being notified, the plaintiff is entitled to attorney’s fees and costs.

Before a lawsuit can proceed, the bill requires a written complaint to the Attorney General. The AG has 30 days to investigate and notify the local government. The city or county then has 30 days to correct the violation before penalties or litigation can move forward.

The ISAA has dealt with over 90 violations of the firearm preemption statute. While most of them have been resolved with the cooperation of the local government entity, some have resisted, with no option for gun owners to remedy the situation.

SB 1430 will move through the legislative process quickly, where lawmakers will debate its scope, enforcement provisions, and impact on local authority. If approved, it would represent one of the most significant updates to Idaho’s firearm preemption law in years.

The ISAA has some minor corrections it would like to see when the firearm preemption issue is addressed in the coming years.

If you want to contact your lawmakers to encourage their vote for SB 1430, click here.

If you want to watch my discussion of this bill, you can watch here tomorrow at 7:00 p.m. MT.

If you want to watch our good friend Bob Brodovski discuss the bill, click here.

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