SEE ACTION ITEM BELOW MESSAGE!!!
The Idaho Second Amendment Alliance has been involved in a project we call the Preemption Project. The preemption statute in the State of Idaho prevents cities and counties from enacting ordinances or posting signage which in anyway regulates the possession of firearms.
In May of 2015 several Canyon County residents inquired about a sign posted at the Canyon County DMV which says, “Please Leave Weapons In Vehicle”. A picture of a firearm is also on the sign. These concerned citizens asked that the Idaho Second Amendment Alliance take action on this sign to have it removed.
The question is does the sign violate the law? Technically no. Because the DMV simply requested that firearms be left outside, they are technically not in violation of the law because they are not demanding that they not be brought inside.
Idaho Second Amendment Alliance President, Greg Pruett, reached out to the DMV manager and was told in no uncertain terms the sign would not come down because they technically are not violating the law. Mr. Pruett tried to explain that to most citizens the sign will be construed as a demand because it is posted on a government building and is therefore a de facto law and in violation of the preemption statute.
Concerned citizens then sought the help of State Representative Greg Chaney (Republican-Dist. 10) on the matter. Rep. Chaney wrote a letter to the Canyon County Commissioners and requested that the sign come down. The Canyon County Commissioners responded to Rep. Chaney with a letter which says in part,
“In addition to providing efficient and professional service to the public, Canyon County also has a duty to its employees to create a safe work environment. The sign is a good-faith attempt to balance the duties and responsibilities of the County within the sometimes conflicting constraints placed on it by the Legislature and Congress.”
Are ‘gun free zones’ considered a “safe work environment” in Canyon County? Is the Second Amendment now a “conflicting restraint?” WE DO NOT THINK SO? DO YOU?