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Sen. Foreman seeks repeal of 1927 statute banning armed parades and militia associations; committee advances measure

2369799 · January 17, 2025
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Summary

RS31840 would repeal Idaho Code 46-802, a near-century-old statute that bans unorganized militias and parading with firearms; the Senate State Affairs Committee voted to send the bill text to print.

Sen. Dan Foreman introduced RS31840 on Jan. 17 to repeal Idaho Code 46-802, a 1927 statute that the sponsor said prohibits unorganized militias, parading with firearms and requires gubernatorial permission for ROTC cadets to drill or parade with firearms.

Foreman argued to the Senate State Affairs Committee that the code is outdated, infringes on First and Second Amendment rights and conflicts with state constitutional provisions on freedom of assembly and bearing arms. He said the measure would not take a position regarding militias themselves but would remove legal prohibitions on association and firearms parades dating to the 1920s.

The committee moved RS31840 to print on a voice vote. Foreman said repeal would restore an ability for assemblies such as ROTC or civilian groups to drill or parade without seeking permission under the old statute.