FIREARMS – Amends existing law to revise a provision regarding preemption of firearms regulation, to provide a penalty, and to provide for a cause of action.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1430
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
FIREARMS;
AMENDING
SECTION
18
-
3302J,
IDAHO
CODE,
TO
REVISE
A
2
PROVISION
REGARDING
PREEMPTION
OF
FIREARMS
REGULATION,
TO
PROVIDE
A
3
PENALTY,
AND
TO
PROVIDE
FOR
A
CAUSE
OF
ACTION;
AND
DECLARING
AN
EMER
-
4
GENCY.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
18
-
3302J,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
18
-
3302J.
PREEMPTION
OF
FIREARMS
REGULATION.
(1)
The
legislature
9
finds
that
uniform
laws
regulating
firearms
are
necessary
to
protect
the
10
individual
citizen's
right
to
bear
arms
guaranteed
by
amendment
2
of
the
1
1
United
States
Constitution
and
section
11,
article
I
of
the
constitution
of
12
the
state
of
Idaho.
It
is
the
legislature's
intent
to
wholly
occupy
the
field
13
of
firearms
regulation
within
this
state.
14
(2)
Except
as
expressly
authorized
by
state
statute,
no
county,
city,
15
agency,
board
or
any
other
political
subdivision
of
this
state
may
adopt
or
16
enforce
any
law,
rule,
regulation,
or
ordinance
,
executive
order,
or
policy
17
which
regulates
in
any
manner
the
sale,
acquisition,
transfer,
ownership,
18
possession,
transportation,
carrying
or
storage
of
firearms
or
any
element
19
relating
to
firearms
and
components
thereof,
including
ammunition.
Any
such
20
law,
rule,
regulation,
ordinance,
executive
order,
or
policy
shall
be
void,
21
unenforceable,
and
subject
to
a
permanent
injunction
against
the
political
22
subdivision,
as
provided
in
subsection
(7)
of
this
section.
It
shall
not
be
a
23
defense
to
a
violation
of
this
subsection
that
the
political
subdivision
was
24
acting
in
good
faith
or
on
the
advice
of
counsel.
25
(3)
A
county
may
adopt
ordinances
to
regulate,
restrict
or
prohibit
the
26
discharge
of
firearms
within
its
boundaries.
Ordinances
adopted
under
this
27
subsection
may
not
apply
to
or
affect:
28
(a)
A
person
discharging
a
firearm
in
the
lawful
defense
of
person
or
29
persons
or
property;
30
(b)
A
person
discharging
a
firearm
in
the
course
of
lawful
hunting;
31
(c)
A
landowner
and
guests
of
the
landowner
discharging
a
firearm,
when
32
the
discharge
will
not
endanger
persons
or
property;
33
(d)
A
person
lawfully
discharging
a
firearm
on
a
sport
shooting
range
as
34
defined
in
section
55
-
2604,
Idaho
Code;
or
35
(e)
A
person
discharging
a
firearm
in
the
course
of
target
shooting
on
36
public
land
if
the
discharge
will
not
endanger
persons
or
property.
37
(4)
A
city
may
adopt
ordinances
to
regulate,
restrict
or
prohibit
the
38
discharge
of
firearms
within
its
boundaries.
Ordinances
adopted
under
this
39
subsection
may
not
apply
to
or
affect:
40
(a)
A
person
discharging
a
firearm
in
the
lawful
defense
of
person
or
41
persons
or
property;
or
42

2
(b)
A
person
lawfully
discharging
a
firearm
on
a
sport
shooting
range
as
1
defined
in
section
55
-
2604,
Idaho
Code.
2
(5)
This
section
shall
not
be
construed
to
affect:
3
(a)
The
authority
of
the
department
of
fish
and
game
to
make
rules
or
4
regulations
concerning
the
management
of
any
wildlife
of
this
state,
as
5
set
forth
in
section
36
-
104,
Idaho
Code;
and
6
(b)
The
authority
of
counties
and
cities
to
regulate
the
location
and
7
construction
of
sport
shooting
ranges,
subject
to
the
limitations
con
-
8
tained
in
chapter
26,
title
55,
Idaho
Code.
9
(6)
Any
county,
city,
agency,
board,
or
any
other
political
subdivision
10
of
this
state
that
willfully
and
knowingly
violates
the
provisions
of
this
1
1
section
shall
be
subject
to
a
civil
penalty
of
ten
thousand
dollars
($10,000)
12
per
violation.
13
(7)
The
attorney
general
or
any
person
or
organization
whose
membership
14
is
adversely
affected
by
a
law,
rule,
regulation,
ordinance,
executive
or
-
15
der,
or
policy
that
violates
the
provisions
of
this
section
may
maintain
an
16
action
for
damages,
declaratory
relief,
or
permanent
injunctive
relief.
The
17
plaintiff
shall
be
awarded
reasonable
costs
and
attorney's
fees
upon
pre
-
18
vailing
or
if
the
law,
rule,
regulation,
ordinance,
executive
order,
or
pol
-
19
icy
is
repealed
or
rescinded
after
the
action
was
filed
but
prior
to
a
final
20
determination
by
the
court.
Any
person
or
organization
who
wishes
to
main
-
21
tain
an
action
pursuant
to
the
provisions
of
this
subsection
shall,
prior
to
22
filing,
provide
advanced
written
notice
to
the
attorney
general
who
shall
23
have
thirty
(30)
days
to
investigate
if
a
violation
has
occurred.
If
a
viola
-
24
tion
is
found,
the
attorney
general
shall
notify
the
offending
jurisdiction
25
that
it
has
thirty
(30)
days
to
cure
the
violation,
and
if
the
jurisdiction
26
fails
to
do
so
within
thirty
(30)
days,
the
cause
of
action
may
proceed.
27
(6)
(8)
The
provisions
of
this
section
are
hereby
declared
to
be
sever
-
28
able.
And
if
any
provision
is
declared
invalid
for
any
reason,
such
declara
-
29
tion
shall
not
affect
the
validity
of
the
remaining
portions
of
this
section.
30
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
31
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
32
passage
and
approval.
33