Idaho Republican reintroduces bill to end state prohibition on private, armed militias
Ian Max Stevenson / Idaho Statesman | Coeur d'Alene Press | UPDATED 7 hours, 12 minutes AGO
A member of the Idaho Liberty Dogs, a right-wing citizen group, stands guard with a holstered handgun, walkie-talkie and earpiece at a campaign rally in 2022, at Julius M. Kleiner Memorial Park in Meridian. Kevin Fixler kfixler@idahostatesman.com
The latest proposal to repeal Idaho’s longstanding ban on armed private militias received approval for future consideration on Friday.
Sen. Dan Foreman, R-Moscow, introduced a bill that would repeal a law dating to 1927 that prohibits a “body of men” other than the Idaho Army National Guard from associating as a “military company” or parading “in public with firearms in any city or town of this state.”
The controversial bill has failed to pass in past years, and previously prompted fears that the removal could encourage militias in a state with a history of armed groups. Foreman has spearheaded a similar bill the prior two legislative sessions.
A military veteran and retired Moscow police officer, Foreman told a Senate committee Friday that the “ancient” law violates constitutional rights to bear arms and assemble peacefully. He added that it “does not take a stance” on militias, which he pointed out date back to the days of George Washington.
In recent years, Idaho National Guard leadership has proposed a repeal of the law, which is not currently enforced, arguing constitutional rights violations, according to previous Idaho Statesman reporting. At the time, Gov. Brad Little expressed support for the concept.
A legal institute at Georgetown University, the Institute for Constitutional Advocacy and Protection, has previously refuted assertions that bans on militias violate the U.S. Constitution. The U.S. Supreme Court has asserted on more than one occasion that the Second Amendment right to bear arms does not bar a state from banning private paramilitary groups, according to a fact sheet from the institute.
Idaho also has other laws that prohibit organizing acts of violence.
Republicans on the Senate committee on Friday voted unanimously advance the bill, which will likely be scheduled for a public hearing. Sen. James Ruchti, D-Pocatello, was absent.
In past years, Ruchti, an attorney, has expressed concerns about the proposal. “You show up to a parade, neo-Nazis are marching with weapons. Are you really going to express how you feel about them?” he said in 2023, according to prior Statesman reporting. “You’re at least going to think twice, maybe three times. Maybe you won’t even say anything.”
