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A highly partisan bill about citizen militias gathering in public is set to go before the Idaho Senate this session.

The one-page piece of legislation would repeal a law that has been on the books for over 90 years. If House Bill 475 becomes law, a 1927 law banning citizen militias will be removed from Idaho’s policy.

Many who oppose HB 475 want the 1927 statute to remain. Those opposed to the bill also maintain that it would allow groups to gather and organize in public with the intent to bully or intimidate others.

Major Steve Stokes, general counsel for the Idaho Military Division, introduced the bill on the grounds that Idaho’s Military Division was following orders from Governor Brad Little’s “Red Tape Reduction Act,” which aims to get rid of unused and outdated laws on Idaho’s books.

According to information from a Feb. 16 article by the Idaho Press, the law in question, Stokes said, doesn’t apply to Idaho Military Division as much as it applies to citizens — but it’s located in the part of the state code that governs the military division.

“It is not required for the administration of the Idaho Military Division,” Stokes said.

Stokes said he could find no evidence that the 1927 law had ever been enforced, and it has no enforcement mechanism other than groups of citizens suing each other over it.

He also pointed to another existing provision of state law, the Terrorist Control Act, which makes it a felony to intimidate, issue violent threats, and assemble to train or practice “any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction or practice in the commission of a civil disorder.”

Other supporters of HB 475 assert that the 1927 ordinance is in violation of the First and Second amendments.

“I think [HB 475] is a good thing,” said Bonner County Commissioner Chair Dan McDonald on Friday. “I believe the previous law language was outdated and challenged the freedom of assembly and free speech in the First Amendment along with the Second Amendment. Not repealing that language could create a clear constitutional violation, in my opinion.”

Those opposed to HB 475 see things differently.

“Part of the rationale for repealing this law is that it’s unconstitutional and we see it as the opposite, we see it as infringing on our safety,” Brenda Hammond said for the Bonner County Human Rights Task Force on Friday. “It’s an infringement of human rights instead of a guarantee of it.”

Others in opposition chose to address lawmakers on the house floor.

“I can think of no time in our history when this law is more needed than today,” Ben Satterlee said. “Why would we want to give the green light to lawlessness, vigilantism and intimidation?”

In a nearly perfect partisan split, the house advanced HB 475 to the senate after a 69-13 vote on Wednesday. All Republicans except Rep. Linda Wright Hartgen, R-Twin Falls, voted for the legislation.

HB 475 will now proceed to the Idaho Senate. If passed, it will need to gain Governor Brad Little’s signature to become law.