A few weeks ago, I was contacted by several folks who heard about a firearm rule that the Department of Health and Welfare instituted regarding firearms restrictions for families wishing to be foster parents.
I don’t know when the rule was instituted, but the rule does violate Idaho’s firearm preemption code, Idaho Code 18-3302(j).
Here are the paragraphs and requirements for foster families:
“The applicant’s home, grounds, and all structures on the grounds of the property must be properly maintained in a clean, safe, and sanitary condition and in a reasonable state of repair within community standards. The interior and exterior must be free from dangerous objects and conditions, and from hazardous materials. The home must meet the following requirements:
a. Have adequate lighting, ventilation and proper trash and recycling disposal, if recycling is available;
b. Be free from rodents and insect infestation;
c. Proper water heater temperature;
d. Weapons and ammunition stored, locked, and inaccessible to children;
e. Have conditions that prevent the child’s access, as appropriate, for his or her age and development, to all medications, poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages;”
Idaho’s firearm preemption code prohibits state agencies from regulating the possession, storage, or any other aspect of firearms, ammunition, and firearm components.
But going beyond that, they are creating gun-free zones in foster family homes. That’s not something most Idahoans want and could be hurting efforts to get more foster families.
Now, that doesn’t mean that families shouldn’t constantly be training their kids in firearm safety and ensuring that firearms are secured from kids who may potentially have mental struggles or behavioral issues.
Sen. Brandon Shippy (R – New Plymouth) has introduced Senate Bill 1034, which will codify the requirements for foster families but leave the firearm potion out!
No matter how long the rule has been around or why it was added in the first place, the rule violates Idaho’s firearm preemption law enacted in 2008. It’s time for the rule to go.