Idaho House Passes Bill Banning Martial Law Confiscations of Guns and Ammo

Idaho House Passes Bill Banning Martial Law Confiscations of Guns and Ammo

From the March 25, 2009 Idaho Statesman:

State government could not seize private arms or ammunition during a state of martial law under a bill approved Tuesday by the Idaho House.
Rep. Pete Nielsen, R-Mountain Home, sponsored the bill. He cited Hurricane Katrina and the bedlam that developed in the aftermath in New Orleans and other Gulf Coast cities as an example of a time when people needed their arms and ammo.
"Even in those instances, we should have the right to keep our Second Amendment right and keep our arms and ammunition," Nielsen said.

The bill passed the house 61-9.

Unsurprisingly, a Democrat from Boise, Grant Burgoyne, argued against it, because it "takes power away from Idaho's governor to seize arms and ammunition in the case of a rebellion or insurrection." Yes, that's the idea! If someone breaks the law, they can be arrested and disarmed while awaiting trial. If they haven't broken the law, they can't be disarmed. That's not a bug. That's a feature.

It is probably not truly necessary since Idaho authorities are already substantially restricted by our "no foolin'" right to keep and bear arms provisions in the Idaho Constitution:

The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

An Idaho statute would be ignored by the federal government if they decided to disarm Idahoans, but it's a nice symbolic touch.

And Pete Nielsen represents me in the lower house! That's nice, too.