Committee approves sending bill to expand carry rights on routinely open public property to the House floor

Representative Dale Hawkins introduced House Bill 376 to the Idaho House State Affairs Committee as a measure to clarify where people may carry firearms on government-owned property that is “normally and habitually open to the public.” "This legislation concerns the right to carry firearm on certain public property in the state of Idaho," Hawkins said.

The bill would remove three exceptions left in last year's legislation and make explicit that places of public property that are normally and habitually open and commonly used would remain open to lawful carry even when a particular event occurs there. "If it passes, then all public property, all government owned property that is normally and officially open to the public on which you can currently carry a firearm will always be able to carry a firearm," said Scott Herndon, a Sagle resident who testified in support remotely.

Herndon and Hawkins said the measure responds to the Idaho Supreme Court decision in Herndon v. City of Sandpoint and to last year’s Senate Bill 1374, which the committee and witnesses described as having left three exceptions: ticketed commercial events, invitation-only events, and events with clearly restricted access. Herndon told the committee those three exceptions are removed by House Bill 376 and that statutory protections for schools and institutions of higher education would remain unchanged. "We included last year in Senate Bill 1374 that we're not going to impact 18-3302(c) or 18-3309," Herndon said, referring to Idaho code sections covering K–12 and university authority.

Committee members pressed for practical examples. Several asked whether the bill would affect university buildings, school grounds and leased facilities such as the Ford Idaho Center in Nampa. Hawkins and Herndon said the bill would not change current school or university policy authority and described the Ford Idaho Center as a venue that is not "normally and habitually open to the public" because events there are licensed, contracted and insured. "Every single event has a contract, a licensing agreement, and insurance requirements," Herndon said.

Some members expressed concern that the bill would reverse last year’s effort to codify the court’s decision and could remove the ability of private event organizers to restrict weapons at rented public sites. "I'm disappointed to see this because I think we're unwinding what was good legislation before," Representative Achilles said during debate.

Representative Hostetler moved to send House Bill 376 to the House floor with a do-pass recommendation. The motion carried. Representative Schubin and Representative Achilles were recorded as voting no; the committee chair announced the motion carried and the bill will be scheduled for floor consideration.

The measure now moves to the full House for further debate and a floor vote.