Rep. R.J. “Dick” Harwood’s, R-St. Maries, gunfight with the feds has stalled on two concerns raised by lawmakers: one that it may be unconstitutional, and the other that the marking to be engraved on guns produced in Idaho might not be specific enough.
According to the text of the legislation, the bill would seek to make Idaho “the freest state in the Union” and would prohibit the federal government from regulating guns in Idaho, which meet certain conditions. Under the provisions in the legislation, any firearm, firearm accessory, or ammunition manufactured in Idaho owned by a citizen living within the borders of the state would be exempt from federal authority. All guns built in Idaho would be required to have a “Made in Idaho” tag engraved on a “central metallic part.”
Rep. Lynn Luker, R-Boise, questioned Harwood on the engraving, asking if the marking goes far enough. Luker said that if the plan is to be enacted correctly the gun would also need to contain the phrase “For use in Idaho.” Harwood said he would need to consult with the bill’s co-sponsors to see if the change would be in order. The legislation has 10 co-sponsors.
The bill also contains a provision that allows the Constitutional Defense Council to use state funds to enter into litigation with the federal government should a challenge to the law arise. According to Rep. Eric Anderson, R-Priest Lake, the state has set aside approximately $240,000 in that account.
Some legislators objected to the possible costs of a lawsuit, including Rep. Elfreda Higgins, D-Garden City. Higgins questioned Harwood on the necessity of potentially costly litigation during a time when the state needs to be funding other programs, like education and social services. Harwood said the general fund of the state would not be impacted by a lawsuit and that the state needs to work to protect the right to bear arms.
Rep. Phylis King, D-Boise, provided committee members with an opinion from the attorney general’s office, which said that the power to nullify federal laws is not within the scope of the Idaho Legislature. The opinion also said that Harwood’s bill may actually be unconstitutional.
To that, Harwood replied that he feels “the supreme law of the land sometimes is maybe not always right.” Harwood said that regardless of the opinion, he would press on with the legislation and challenge the federal government’s role in intrastate commerce.
Luker’s motion to hold the bill to allow the co-sponsors more time to work on the bill and retool language if necessary passed and the issue will be pushed to a later date.
Well then, Somebody in politics who seems to want to get the feds off our backs? isn’t that refreshing. I believe in the 2nd amendment, and have many guns in my home. I don’t hunt, I keep them because you never know what is coming up with the government, and possibly someday a dumbass burglar might do something stupid. I wasn’t aware Idaho had a gun factory, I know Lewiston makes ammo. So is that a moot point for Mr. Harwood. Also MS. King is a democrat, and anything she has to say should be taken with a grain of salt, then dismissed. They are just killing America, as well as Most Republicans Hey time to get off the soap box. TEA PARTY!!!!!! VOTE THEM ALL OUT!!!
I salute Representative Harwood. I only hope that the State of Idaho will employ the same tactics to exempt us from the Federal Governments effort to control Health Care in Idaho. Our only hope against this oppressive, over reaching government is if the individual States exercise their Constitutional Rights and override the Federal Government. Since the Civil War, and Civil Rights specifically, the Federal Government has injected it’s will into the states. On the horizon is a full fledged dollar meltdown and a crisis of biblical proportions that will make the looting in Chile look like child’s play. We’ll need these weapons to protect ourselves from what’s coming on a national level and also a Government that will suspend individual rights and freedoms in the name of establishing law and order. This will be a outright, naked power grab on the part of the Federal Government to enslave it’s people and if we don’t have the means to resist we and our progeny will be slaves forever.
Thank you Harwood!!!!!! Your efforts are much appreciated by our family and friends. God Bless you!
[...] (View IdahoReporter.com’s story on Tuesday’s hearing on the bill here.) [...]
It seems that the Democrats in the other State Houses in the other States that have pass this type of law have use nearly the same argument against it.
It might be becuse the National Democrate Party line really does not support gun rights. I hope they pass it, but if Idaho wants to become “the freest state in the Union” than it needs to have a major overhaul of its laws and codes.