Bill Analyses and Ratings

Rating: +1

Bill Summary:

House Bill 376 amends Section 18-3302 of Idaho Code to clarify that concealed weapons may not be restricted on public property that is normally and habitually open to the public, even when leased to private entities. This legislation directly responds to the Idaho Supreme Court’s 2023 ruling in Herndon v. City of Sandpoint, which allowed private event organizers to ban firearms on leased public land. The bill reasserts that constitutional rights, including the right to bear arms, cannot be overridden through lease agreements on public grounds. Limited exceptions remain for events that fully restrict public access. The bill includes an emergency clause and takes effect July 1, 2025.

Reason for Rating:

House Bill 376 upholds Second Amendment rights by ensuring that Idahoans cannot be barred from lawfully carrying concealed weapons on publicly owned property simply because it is temporarily leased for private use. It closes a dangerous legal loophole exposed in Herndon v. Sandpoint and reinforces the principle that constitutional protections do not disappear on public land. The bill strikes a reasonable balance by maintaining limited exceptions for private, access-restricted events while defending individual liberties. In line with the Idaho Republican Party Platform’s strong support for gun rights and constitutional fidelity, H0376 is rated at +1.