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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1349
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
MACHINE
GUNS;
PROVIDING
LEGISLATIVE
FINDINGS
AND
INTENT;
AMEND
-
2
ING
CHAPTER
33,
TITLE
18,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
3
18
-
3328,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
MACHINE
GUNS
4
AND
CONTINGENT
AUTHORIZATION;
AMENDING
CHAPTER
33,
TITLE
18,
IDAHO
5
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
18
-
3329,
IDAHO
CODE,
TO
ESTABLISH
6
PROVISIONS
REGARDING
A
PROHIBITION
ON
ENFORCEMENT
OF
INVALID
FEDERAL
7
RESTRICTIONS;
PROVIDING
SEVERABILITY;
AND
DECLARING
AN
EMERGENCY
AND
8
PROVIDING
AN
EFFECTIVE
DATE.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
LEGISLATIVE
FINDINGS
AND
INTENT.
(1)
The
Legislature
of
the
1
1
State
of
Idaho
finds
that:
12
(a)
The
right
of
the
people
to
keep
and
bear
arms
is
a
fundamental,
indi
-
13
vidual
right
that
shall
not
be
infringed;
14
(b)
The
Second
Amendment
to
the
Constitution
of
the
United
States
and
15
Section
11,
Article
I
of
the
Constitution
of
the
State
of
Idaho
protect
16
the
right
of
law
-
abiding
citizens
to
keep
and
bear
arms
commonly
pos
-
17
sessed
for
lawful
purposes;
18
(c)
Federal
law
currently
restricts
the
manufacture,
transfer,
and
19
possession
of
certain
machine
guns
pursuant
to
18
U.S.C.
922(o);
and
20
(d)
If
such
federal
restrictions
are
repealed,
invalidated,
or
oth
-
21
erwise
rendered
unenforceable,
Idaho
should
immediately
recognize
and
22
protect
the
right
of
law
-
abiding
citizens
and
Idaho
-
based
industry
to
23
lawfully
possess,
manufacture,
transfer,
and
sell
machine
guns
in
this
24
state,
subject
only
to
otherwise
applicable
state
law.
25
(2)
It
is
the
intent
of
the
Legislature
to:
26
(a)
Establish
a
contingent,
or
"trigger,"
framework
under
which
Idaho
27
law
automatically
authorizes
the
lawful
possession,
manufacture,
28
transfer,
and
sale
of
machine
guns
upon
the
repeal,
invalidation,
or
29
unenforceability
of
18
U.S.C.
922(o)
or
any
successor
provision;
30
(b)
Ensure
that
Idaho
is
positioned
as
a
national
leader
in
firearms
31
freedom
and
related
industry
when
such
federal
restrictions
cease
to
32
apply;
and
33
(c)
Prohibit
the
use
of
state
and
local
resources
to
enforce
federal
re
-
34
strictions
that
are
no
longer
valid
or
enforceable.
35
SECTION
2.
That
Chapter
33,
Title
18,
Idaho
Code,
be,
and
the
same
is
36
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
37
ignated
as
Section
18
-
3328,
Idaho
Code,
and
to
read
as
follows:
38
18
-
3328.
MACHINE
GUNS
-
-
CONTINGENT
AUTHORIZATION.
(1)
As
used
in
this
39
section:
40
2
(a)
"Machine
gun"
means
any
firearm
that
shoots,
is
designed
to
shoot,
1
or
can
be
readily
restored
to
shoot
automatically
more
than
one
(1)
2
shot,
without
manual
reloading,
by
a
single
function
of
the
trigger.
3
(b)
"Trigger
event"
means
the
first
to
occur
of
any
of
the
following:
4
(i)
The
repeal
by
congress
of
18
U.S.C.
922(o),
or
any
successor
5
provision
that
restricts
the
possession,
transfer,
or
manufacture
6
of
machine
guns
by
civilians;
7
(ii)
A
decision
of
the
supreme
court
of
the
United
States
that
8
holds
18
U.S.C.
922(o),
or
any
successor
provision
that
restricts
9
the
possession,
transfer,
or
manufacture
of
machine
guns
by
civil
-
10
ians,
unconstitutional
in
whole
or
in
relevant
part;
1
1
(iii)
A
decision
of
a
federal
court
of
competent
jurisdiction
that
12
is
binding
in
the
state
of
Idaho
and
that
permanently
enjoins
the
13
enforcement
of
18
U.S.C.
922(o),
or
any
successor
provision
that
14
restricts
the
possession,
transfer,
or
manufacture
of
machine
15
guns
by
civilians,
within
the
state
of
Idaho,
and
such
decision
is
16
not
stayed;
or
17
(iv)
Formal
written
notice
by
the
attorney
general
of
the
state
18
of
Idaho
that
the
bureau
of
alcohol,
tobacco,
firearms
and
explo
-
19
sives,
or
any
successor
agency,
has
ceased
enforcing
18
U.S.C.
20
922(o),
or
any
successor
provision
that
restricts
the
posses
-
21
sion,
transfer,
or
manufacture
of
machine
guns
by
civilians,
as
to
22
law
-
abiding
civilians
generally.
23
(2)
Upon
the
occurrence
of
a
trigger
event,
and
subject
to
the
provi
-
24
sions
of
subsection
(3)
of
this
section:
25
(a)
It
shall
be
lawful
under
the
laws
of
the
state
of
Idaho
for
any
26
person
who
is
not
otherwise
prohibited
from
possessing
firearms
under
27
state
or
federal
law
to
possess,
purchase,
receive,
sell,
transfer,
or
28
manufacture
a
machine
gun
in
this
state;
and
29
(b)
No
state
agency,
political
subdivision,
or
employee
thereof
shall
30
adopt
or
enforce
any
rule,
regulation,
ordinance,
or
policy
that
has
the
31
purpose
or
effect
of
prohibiting
or
unduly
burdening
the
lawful
posses
-
32
sion,
purchase,
receipt,
sale,
transfer,
or
manufacture
of
machine
guns
33
as
authorized
by
this
section.
34
(3)
Nothing
in
this
section
shall:
35
(a)
Authorize
the
possession
of
a
machine
gun
by
a
person
who
is
prohib
-
36
ited
from
possessing
firearms
under
state
or
federal
law;
37
(b)
Affect
the
application
of
generally
applicable
criminal
laws,
in
-
38
cluding
but
not
limited
to
laws
relating
to
the
use
of
firearms
in
the
39
commission
of
a
crime,
reckless
endangerment,
or
unlawful
discharge
of
40
a
firearm;
or
41
(c)
Be
construed
to
require
any
person
or
entity
to
manufacture,
sell,
42
or
transfer
a
machine
gun.
43
(4)
The
attorney
general
shall,
within
thirty
(30)
days
after
determin
-
44
ing
that
a
trigger
event
has
occurred,
publish
notice
of
such
determination
45
on
the
official
website
of
the
attorney
general
and
transmit
such
notice
to:
46
(a)
The
governor;
47
(b)
The
president
pro
tempore
of
the
senate;
48
(c)
The
speaker
of
the
house
of
representatives;
and
49
(d)
The
director
of
the
Idaho
state
police.
50
3
(5)
The
provisions
of
subsections
(2)
and
(3)
of
this
section
shall
be
-
1
come
operative
on
the
thirtieth
day
following
the
date
on
which
the
attorney
2
general
issues
the
notice
described
in
subsection
(4)
of
this
section.
3
SECTION
3.
That
Chapter
33,
Title
18,
Idaho
Code,
be,
and
the
same
is
4
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
5
ignated
as
Section
18
-
3329,
Idaho
Code,
and
to
read
as
follows:
6
18
-
3329.
PROHIBITION
ON
ENFORCEMENT
OF
INVALID
FEDERAL
RESTRIC
-
7
TIONS.
(1)
Upon
the
occurrence
of
a
trigger
event,
as
defined
in
section
8
18
-
3328,
Idaho
Code,
no
agency,
political
subdivision,
or
employee
of
the
9
state
of
Idaho,
acting
in
an
official
capacity,
shall:
10
(a)
Expend
any
funds
or
use
any
personnel
or
other
resources
to
enforce,
1
1
or
to
assist
in
the
enforcement
of,
18
U.S.C.
922(o),
or
any
successor
12
provision
that
restricts
the
possession,
transfer,
or
manufacture
of
13
machine
guns,
as
defined
in
section
18
-
3328,
Idaho
Code,
by
civilians,
14
to
the
extent
such
provision
has
been
repealed,
invalidated,
or
ren
-
15
dered
unenforceable
as
described
in
section
18
-
3328,
Idaho
Code;
or
16
(b)
Provide
material
support
or
resources
to
any
federal
agency
or
17
official
for
the
purpose
of
investigating,
citing,
or
prosecuting
any
18
person
for
conduct
that
is
lawful
pursuant
to
section
18
-
3328,
Idaho
19
Code.
20
(2)
Nothing
in
this
section
shall
be
construed
to:
21
(a)
Prohibit
cooperation
or
information
-
sharing
relating
to
conduct
22
that
remains
unlawful
under
state
or
federal
law;
or
23
(b)
Limit
the
authority
of
state
or
local
law
enforcement
to
investi
-
24
gate
or
prosecute
violations
of
state
law.
25
SECTION
4.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
26
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
27
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
28
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
29
this
act.
30
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
31
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
32
July
1,
2026.
33