Idahoans Take Note

Idahoans Take Note

There is a bill before the Idaho Senate Health & Welfare Committee that makes a number of fairly minor revisions to the current daycare licensing system. (What? You didn't think Idaho licensed daycare? It certainly does.) One of the provisions which seems fairly uncontroversial was not well drafted--and NRA's input on the matter, to prevent it from being overbroad, was apparently ignored.

S.1112 adds a new provision to Idaho Code 39-1102:

(f) Firearms or weapons which are on the premises of a daycare facility must be kept in a locked container that is inaccessible to children while daycare attendees are present;

Okay, we don't want toddlers (or even more dangerous, eight or nine year olds) digging around in one of the bedrooms while a harried daycare provider is busily resolving intrapersonal disputes between other clients, finding a handgun, and deciding, "Whoa! This is cool!" and then causing a tragedy. However: this measure, because it isn't carefully worded, prohibits the following situations:

1. Someone has been stalking you. You've taken out a restraining order; obtained a concealed handgun permit; and you carry your gun on you for protection of yourself and your child. You go into the daycare center to pick up your child. The daycare center has now violated this provision. Indeed, if a police officer entered the daycare facility without securing his gun, pepper spray, and baton in a locked container, the daycare center would be in violation of the law. It isn't likely that this would ever cause a problem for the daycare center. But this needs to be fixed.

2. Lots of Idahoans have a gun in their car, for self-protection, or during hunting season. If you pull into the parking lot of the daycare center, is the daycare center in violation of Idaho Code 39-1109? Other provisions of S.1112 with respect to water hazards and fences show that "premises" is not limited to the building itself, but includes the yard--and very likely the parking lot.

I'm going to write to State Senator Corder (who is the author of the bill, and my representative in the state senate) and suggest some more narrowly written language should be considered. Here's the full list of members of the committee that need to hear from that perhaps the language needs to be sharpened to refer specifically to firearms and weapons within the daycare center itself, and exempting otherwise lawful and temporary possession of a firearm by those dropping off or picking up from the daycare center.

Weapons is also inadequately defined. Does it include a broadsword? Sure. A hunting knife? Sure. A Swiss Army knife? A kitchen knife for cutting up vegetables? This needs a more precise definition. By the way, speaking of "weapons"--love the last name of one of the state senators: Broadsword.

State Senator Patti Anne Lodge (R-13), Chairpalodge@senate.idaho.gov
State Senator Joyce Broadsword (R-2), Vice-Chair jbroadsw@senate.idaho.gov
State Senator Denton Darrington (R-27) ddarring@senate.idaho.gov
State Senator John McGee (R-10) jmcgee@senate.idaho.gov
State Senator Charles Coiner (R-24) ccoiner@senate.idaho.gov
State Senator James Hammond (R-5) jhammond@senate.idaho.gov
State Senator Melinda Smyser (R-11) msmyser@senate.idaho.gov
State Senator Nicole LeFayour (D-19) nlefavou@senate.idaho.gov
State Senator Les Bock (D-16) lbock@senate.idaho.gov

UPDATE: Senator Corder tells me that this was an oversight--the drafter neglected to include NRA's recommended language. We can stop ripping fresh orifices.