Bill boosts protections for Idaho gun makers, carriers

BOISE (AP) — Legislation to enhance protections for gun makers, sellers and weapons carriers during declared emergencies in Idaho headed to the full Senate on Monday.

The Senate State Affairs Committee voted to approve the measure that alters the state’s disaster preparedness act by prohibiting the closing of gun-related businesses during emergencies.

Republican Gov. Brad Little issued a temporary stay-at-home order in early 2020 to prevent the state’s health care system from collapsing because of the coronavirus pandemic that quickly sickened residents and health care workers.

Some workers and businesses were declared essential and allowed to continue operating, but others weren’t. Gun businesses were recognized as essential businesses under Little’s order.

“But we may not always have the current governor that we have, and even the current governor felt it was necessary to call out whether a firearms business is an essential business or not,” said Republican Sen. Todd Lakey, the bill’s sponsor.

He said the bill “clarifies that. When somebody is making an order of a disaster emergency and they’re determining which businesses are essential and which are not, this clarifies that those are essential.”

The legislation also prevents Idaho’s concealed weapons laws from being circumvented, and that weapons used legally can’t be confiscated during disasters. The bill also clarifies that the protections regarding firearms also cover ammunition, components and accessories.

Democratic Sen. Grant Burgoyne said he couldn’t support the bill because it involved riots and civil disorder.

“Through 2020, one might have thought, ‘Well, that’s not a really big deal. We don’t have those kinds of situations in the United States — acts of riot or civil disorder,'” he said. “But after Jan. 6 of 2021,” he added, referring to the Jan. 6 Capitol insurrection, “I think we do know we have riot and we do have civil disorder. And that none of us, none of our states, can be assured that they’re going to be free of that.”

He also said Idaho was among the most unrestricted when it comes to gun laws and that their legal use is already protected by the 2nd Amendment.

“And the suggestion that we’re not (protecting those rights), I think, creates an issue for our people that need not exist,” Burgoyne said.

Brady Hall, Little’s chief legal counsel, told lawmakers the state is still under an active emergency declaration due to the coronavirus pandemic.
Hall said that allows the state to get money from a disaster emergency account and gives Little flexibility to deploy the Idaho National Guard to help with health care.

“There are currently no restrictions, and no restrictions have been in place on any rights or constitutional privileges whatsoever,” Hall said. “It largely exists as an administrative document at this point.”