Idaho § 18-3315B - PROHIBITION OF REGULATION OF CERTAIN FIREARMS

§ 18-3315B. PROHIBITION OF REGULATION OF CERTAIN FIREARMS

(1) Other than compliance with an order of the court, any official, agent, or employee of an Idaho government entity who knowingly and willfully orders an official, agent, or employee of an Idaho government entity to enforce any executive order, agency order, treaty, law, rule, or regulation of the United States government as provided in subsection (2) of this section upon a firearm, a firearm accessory, firearm component, or ammunition shall, on a first violation, be liable for a civil penalty not to exceed one thousand dollars ($1,000), which shall be paid into the general fund of the state, and on a second or subsequent violation shall be guilty of a misdemeanor. If a public officer or person commits a violation of section 18-315 or 18-703 , Idaho Code, the public officer or person shall be punished as provided in those sections. Nothing in this section shall be construed to affect the law of search and seizure as set forth in section 17, article I of the constitution of the state of Idaho or as set forth in the fourth, fifth, and fourteenth amendments to the United States constitution. Notwithstanding anything to the contrary contained elsewhere in this act, no private cause of action exists under this section.

(2) No federal executive order, agency order, treaty, law, statute, rule, or regulation issued, enacted, or promulgated on or after the effective date of this act will be knowingly and willfully ordered to be enforced by any official, agent, or employee of an Idaho government entity if contrary to the provisions of section 11, article I of the constitution of the state of Idaho.

(3) "Enforcement," "enforce," or "enforced" shall not be construed to include the performance of any act solely for the purpose of facilitating the transfer of firearms under federal law. Any order of enforcement not excluded by the provisions of this subsection that occurs on and after the effective date of this act shall be and is a breach of the oath of office of the official, agent, or employee of the state or a political subdivision of the state.

(4) All Idaho government entities are prohibited from using any personnel, funds, or other resources to enforce, administer, or support the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government enacted or promulgated on or after the effective date of this act upon a firearm, firearm component, firearm accessory, or ammunition if contrary to the provisions of section 11, article I of the constitution of the state of Idaho.

(5) The provisions of this section may be enforced by the Idaho attorney general. The legislature of the state of Idaho may bring legal action for declaratory or injunctive relief to ensure compliance with the provisions of this section. The prevailing party in any such action may recover reasonable attorney’s fees and costs from the nonprevailing party.

(6) With the exception of failure to comply with an order of the court, any official, agent, or employee of an Idaho government entity shall not be subject to civil liability for failure to enforce, support, or assist with the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government that is contrary to section 11, article I of the constitution of the state of Idaho or the second amendment to the United States constitution.

(7) As used in this section:

(a) "Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, braces, ammunition, ammunition carriers, and lights for target illumination.

(b) "Firearm component" means a component for making firearms, a component for making ammunition, reloading materials and equipment, machinery, design plans, software, and tools for manufacturing firearms and their ammunition.

(c) "Idaho government entity" means the state of Idaho and its departments and agencies and any political subdivision of the state of Idaho and other local government entities and agencies.

(8) Nothing in this "Idaho Firearm and Firearm Accessories and Components Protection Act" is intended nor shall be construed to replace or change the effective date or protections provided by the "Idaho Federal Firearm, Magazine and Register Ban Enforcement Act" as enacted in 2014 and that created this section. To the maximum extent possible, this "Idaho Firearm and Firearm Accessories and Components Protection Act" is intended to add to and expand upon the protections provided by the 2014 act and to provide the greatest possible protection to the rights of Idaho citizens.

[18-3315B, added 2014, ch. 148, sec. 3, p. 411; am. 2021, ch. 329, sec. 3, p. 1009.]