TARGETING THE SECOND AMENDMENT IN THE STATE OF IDAHO AND BEYOND

Georgetown Law has a problem with America and the status quo.

Downtown Coeur d’Alene, Idaho the first week of June 2020. Citizens armed and protected the city after rumors of rioting by Antifa and Black Lives Matter – Photo Casey Whalen

In the early summer of 2020, America was experiencing shifts in society perpetuated by increased Marxist elements pervading many institutions. Tensions reverberated across the country following the death of George Floyd in Minnesota.

During the first week of June, rumors spread of possible looting and rioting in North Idaho by Antifa and Black Lives Matter protests. In response, thousands of armed citizens assembled in support of fellow neighbors to defend downtown Coeur d’Alene, Sandpoint, and surrounding areas. A moment of unity, that many who participated will never forget.

Weeks later Mary McCord, Director of the Institute for Constitutional Advocacy and Protection (ICAP) of Georgetown Law sent letters to the City of Coeur d’Alene and Bonner County. Exploring if city and county municipalities wished to litigate those acting in a paramilitary fashion and offering a pro bono consultation.

The letters cite Idaho Constitution article 1, section 12, “the military shall be subordinate to civil power.” And Idaho Code §46-802, regulating military and militia affairs regarding parading in public armed.

Albeit, protesters who assembled in the North Idaho region to protect cities and towns deterring lawlessness, organically amassed on their own accord, independent from militias. No charges or lawsuits have ever been pursued in this manner. However, ICAP has had its ‘sights’ set on the State of Idaho ever since.

On February 16, 2022, under the Red Tape Reduction Act, Major Stokes of the Idaho National Guard addressed members of the Idaho House Transportation and Defense Committee to pass HB 475, authored by Senator Daniel Foreman (aka SB1001) repealing the existing law of Idaho Code §46-802, which states: “no body of men other than the regularly organized national guard the organized militia when called into service of the state, or the United States … shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state.“

A letter from ICAP had been sent one week before the hearing urging House and Senate leaders to preserve this portion of existing law in Idaho Code §46-802, by voting against HB475.

Major Stokes testified pre existing law dated back to 1927, with no one ever charged. While HB475 passed the House, its predecessor SB1001, failed in the Senate.

During the Idaho Legislative session 2023, McCord and crew sent another letter to the House and Senate, this time offering to amend the language of the existing law Idaho Statute §46-802, with suggestions from the DRAFT – State Anti-Paramilitary Model Bill, prepared by ICAP.

The danger of the draft legislation is that it potentially limits the existing right to assemble and open carry in Idaho. ICAP claims the draft is Constitutional while promoting a ‘backdoor method’ of stifling individual rights, all in the name of safety.

The national push by ICAP and Georgetown Law to implement paramilitary law is well underway.

On February 6, 2023, McCord testified virtually before the Oregon State Legislature House Committee on the Judiciary, promoting HB2572 which passed the Senate and House, amending existing law ORS 166.660 with the Draft State Anti-Paramilitary language provided by ICAP.

And, recently as of January 11, 2024, U.S. Congressman Markey and Raskin introduced the Preventing Private Paramilitary Act (HR6981). Endorsed by Protect Democracy, Center for American Progress, and the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center.

Read the full text of the Preventing Private Paramilitary Act.

Currently, the battle over the paramilitary issue rages on in the State of Idaho.

On January 19, 2024, Idaho Senator Daniel Foreman (R) District 6, and Senator Scott Herndon (R) District 1, introduced S1240, to repeal and add language to Idaho Statute §46-802 – Unorganized associations prohibited — Parades prohibited.

The purpose of S1240 is to remove any obstruction for citizens of Idaho to engage in Constitutional activity, specifically the Second Amendment while protesting in public. And the First Amendment, the right to assembly, while armed. And allowing municipalities to engage with militias and like companies.

Also removing any doubt of retaliation by radical Marxist organizations such as the Institute for Constitutional Advocacy and Protection (ICAP) of Georgetown Law and rabid, anti-American human rights organizations.

According to Senator Herndon regarding the outcome of S1240, if enacted into law:

In response, all North Idaho Human Rights Task Forces consisting of Bonner, Boundary, Latah, and Kootenai sent a joint letter to members of the Idaho House and Senate asking them to vote against S1240.

These human rights task forces also have a direct and pre-existing affiliation and relationship with McCord and ICAP.