Idaho Legislature – VOTE YES on S1349 – Machine guns (Posted: 03/09/26)

• Link: legislature.idaho.gov/s…

• See bill link above for current status and committee assignment

• See Idaho Insider for links where you can send group emails based on current status and committee assignment: gemstatechronicle.com/l…

Summary (ai assisted)

Grok analysis link: grok.com/share/c2hhcmQt…

S1349 provides contingent authorization for machine gun possession, manufacture, transfer, and sale if federal restrictions under 18 U.S.C. 922(o) are repealed, invalidated, or unenforceable. S1349 prohibits state enforcement of such invalid federal rules, but includes severability.

Legislative Findings and Intent The right to keep and bear arms is fundamental and protected by the U.S. Second Amendment and Idaho Constitution Article I, Section 11. Federal law currently restricts machine guns via 18 U.S.C. 922(o), as follows.

18 U.S. Code § 922 – Unlawful acts (o)

(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2)This subsection does not apply with respect to—

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

If federal restrictions end, Idaho should allow law-abiding citizens and industry to handle machine guns under state law. Intent includes:

• Establishing a “trigger framework” for automatic authorization.

• Positioning Idaho as a leader in firearms freedom.

• Prohibiting use of state resources for invalid federal enforcement.

Section 18-3328: Machine Guns – Contingent Authorization Defines machine gun as a firearm that shoots automatically more than one shot without reloading by a single trigger function.

Trigger event includes:

• Repeal by Congress of 18 U.S.C. 922(o).

• U.S. Supreme Court ruling it unconstitutional.

• Binding federal court injunction in Idaho.

• Idaho Attorney General notice of ceased Alcohol Tobacco Firearms (ATF) enforcement.

Upon trigger:

• Lawful for eligible persons to possess, etc., machine guns.

• No state entity shall prohibit or burden such activities.

Exceptions:

• Does not authorize possession by prohibited persons.

• Does not affect general criminal laws.

• Does not require manufacture or sale.

Attorney General shall publish notice within 30 days and notify officials of trigger events; provisions operative 30 days after notice.

Section 18-3329: Prohibition on Enforcement of Invalid Federal Restrictions Upon trigger, no state entity or employee to:

• Use resources to enforce invalid 18 U.S.C. 922(o).

• Provide support to federal agencies for related investigations.

Exceptions:

• Does not prohibit cooperation on unlawful conduct.

• Does not limit state law enforcement on state violations.

Severability: Provisions are severable; invalidity of one does not affect others.

Reason for Recommendation to VOTE YES on S1349

US Constitution Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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Idaho Constitution Article I, Section 11. Right To Keep And Bear Arms.

The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

The above sections of the US and Idaho constitutions are clear. They don’t say what kinds of guns can be banned, including machine guns. They don’t say we can ban guns if some people don’t like them. They say “the right of the people to keep and bear Arms, shall not be infringed (US) / abridged (Idaho).” Simple and direct!

While we don’t intend to buy or use a machine gun, we disagree on constitutional grounds with any laws that do ban them. 18 U.S.C. 922(o) unconstitutionally infringes on Americans’ right to bear arms by banning machine guns. Thus, it’s good for Idaho to have a strong plan if 18 U.S.C. 922(o) goes bye bye. S1349 appears to be that strong plan.

Please vote YES on S1349.

Related

• US Constitution Second Amendment: constitution.congress.g…

• Idaho Constitution Right to Bear Arms: Article I, Section 11: archive.sos.idaho.gov/d…

• 8 U.S.C. 922(o). Cornell Law School Legal Information Institute: law.cornell.edu/uscode/…

• Idaho Legislature 2026 Bills to Support or Oppose: tinyurl.com/yc2jpkeh