Bill > S1349

This bill establishes provisions regarding machine guns in Idaho, creating a "contingent authorization" that would automatically allow law-abiding citizens and Idaho-based industries to lawfully possess, manufacture, transfer, and sell machine guns if federal restrictions on these firearms are repealed, invalidated, or otherwise become unenforceable. A "machine gun" is defined as any firearm that can shoot automatically more than one shot without manual reloading by a single trigger pull. This contingent authorization is triggered by specific events, such as Congress repealing federal law 18 U.S.C. 922(o), a Supreme Court ruling deeming it unconstitutional, a federal court permanently blocking its enforcement in Idaho, or the Attorney General receiving official notice that federal agencies have stopped enforcing it against civilians. Upon such a "trigger event," Idaho law would permit these activities, and state and local governments would be prohibited from enforcing federal restrictions that are no longer valid. The bill also explicitly states that it does not authorize prohibited persons to possess machine guns, nor does it affect general criminal laws related to firearm misuse, and it includes a severability clause meaning that if one part of the bill is found invalid, the rest will remain in effect, with an emergency clause making it effective on July 1, 2026.

Government Affairs, Justice

State Affairs Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1349/