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Idaho GOP Lawmaker Reintroduces Legislation to Lift State Ban on Private Armed Militias – Idaho Statesman

Idaho Republican Reintroduces Bill to Repeal State Prohibition on Private Armed Militias

Idaho State Senator Dan Foreman, a Republican from Moscow, has reintroduced legislation aiming to repeal a longstanding state law that prohibits private armed militias and paramilitary organizations. The bill seeks to eliminate a statute that forbids "a body of men," other than the National Guard, from "associating themselves together as a military company or organization, or parade in public with firearms in any city or town" within Idaho. (idahostatesman.com)

Foreman argues that the existing law infringes upon constitutional rights, particularly the First and Second Amendments, which protect the rights to peaceably assemble and bear arms. He contends that the statute is outdated and unnecessary, as it has not been enforced in nearly a century. (idahostatesman.com)

The bill has garnered support from the Idaho National Guard and Governor Brad Little’s administration. Maj. Stephen Stokes, general counsel for the Idaho Military Division, stated that the statute "restricts fundamental rights and freedoms" and is "antiquated" and "a clear violation" of both the U.S. and Idaho Constitutions. (idahostatesman.com)

However, legal experts have raised concerns about the potential implications of repealing the law. The Institute for Constitutional Advocacy and Protection, along with Boise attorneys from Stoel Rives, argue that the statute aligns with constitutional provisions and serves to protect the state against unauthorized paramilitary activity. They point out that similar laws have been used in other states to halt paramilitary activity through the courts. (idahostatesman.com)

The bill has passed the Idaho House and is now under consideration in the Senate. If enacted, it would mark a significant shift in Idaho’s approach to private militias, balancing constitutional rights with public safety concerns.

Idaho’s Militia Law Repeal Sparks Debate:

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