Idaho committee advances bill to preserve carry rights on publicly open government property

Representative Dale Hawkins introduced House Bill 376, saying the bill would ensure people may carry firearms on government-owned property that is "normally and habitually open to the public." "This the only thing we're changing here," Hawkins told the committee, pointing lawmakers to the bill text that he said clarifies when a temporary restriction should not alter a long-standing practice.

The bill was presented as a response to legal uncertainty after the Idaho Supreme Court case Herndon v. City of Sandpoint and later legislation. Hawkins said HB 376 would restore predictability by making clear that government property that is regularly open to the public remains open to lawful carry even when private events are held there.

Scott Herndon, who testified remotely and identified himself as from Sagle, Idaho, said HB 376 would remove three exceptions left after last year's Senate Bill 1374 — for ticketed commercial events, invitation-only events and events with clearly restricted access — and would leave existing statutory restrictions for schools and universities intact. "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 that the bill's sponsor said govern carry in schools and higher-education settings.

Committee members pressed on practical consequences. Representative Mickelson asked whether school policies or bleachers at Friday night football games would be affected; Hawkins replied the bill would not change current school policies or the code sections that govern them. Representative Achilles said he believed last session's bill had clarified the law and warned HB 376 would "unwind what was good legislation before," arguing private event organizers in public parks should be able to restrict weapons at their events. Hawkins and Herndon countered that the bill is limited to government property that is "normally and habitually open to the public" and noted that venues with contracts and licensing — the Ford Idaho Center was discussed at length — are typically not "normally and habitually open" and would continue to enforce event restrictions.

Representative Hostetler moved to send the bill to the floor with a "do pass" recommendation; Representative Alfieri was acknowledged in the exchange as part of that motion sequence. The committee voted to advance HB 376. The motion carried; two members were recorded as voting no (Representative Schubin and Representative Achilles). The committee recorded no in-person negative testimony; Herndon testified in support remotely.

The bill's sponsors and supporters said it is intended to provide clarity for gun owners about where carry is allowed on public property. Opponents cautioned it could reinsert ambiguity for private events held on public land and reduce the ability of event organizers to restrict weapons at specific gatherings.