By Dustin Hurst
http://www.idahoreporter.com/2010/harwoods-gun-fight-stalls-for-now/
Rep. R.J. “Dick” Harwood’s, R-St. Maries, gun fight with the feds has stalled on two concerns raised by lawmakers: one being that it may be unconstitutional, and the other being 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 replied, saying that 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 for 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 intra-state 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.
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I don't get it. The email that was sent out, titled: "New Attorney General for Idaho?" suggests we need a new Attorney General based upon the opinion of a Democrat Legislature TO the Attorney General Lawrence Wasden NOT FROM the Attorney General.
ReplyDeleteSo it sounds like Sovereign Idaho is suggesting we replace the Attorney General based upon what someone told him about the "Firearm Freedom Act", rather than his personal opinion about the bill.
I've meet Mr Wasden, and it appears that he is a freedom-loving man and would support this cause. I would be surprised if he did not. Nothing in your email or blog suggests he would be against this bill. So why the rush to want to replace him? I suggest we replace Rep. Phylis King, D-Boise for kowtowing to the Feds in spite of our sovereignty.
I suggest you seek a statement from Mr. Wasden before we add him to the list.