The Truth About Red Flag Laws in Idaho

Red Flag laws, also called Extreme Risk Protection Orders, remain a hot topic throughout the nation.

More states continue to pass them and states with Red Flag laws continue to expand their scope.

While gun owners understand the real danger of these laws, the politicians in state capitols either don’t understand or don’t care.

I have warned about the dangers of Red Flag laws for years. The problems with Red Flag laws, including innocent people losing their lives, continues to grow.

Idaho’s gun owners are fighting hard against Red Flag laws or any law containing similar language.

Gun owners know that these unconstitutional and dangerous laws will be abused. They already are in other states.

As a reminder, you can read my previous article on why gun owners should oppose Red Flag laws.

Needless to say, the dangers can’t be overstated.

There is a reason the Idaho Second Amendment Alliance is fighting so hard to get every legislator on record on Red Flag laws.

So, are Red Flag laws even possible in Idaho?

A number of Idaho legislators have tried to claim that it isn’t possible so you shouldn’t worry about it.

However, is that really true?

The answer isn’t as simple as they want you to think. Some Idaho legislators and some phony conservative groups attack me and the ISAA for speaking out about Red Flag laws.

First, let’s begin with what the Idaho Constitution says in Article 1 Section 11.

This is the part of the Constitution they are citing when they say that Red Flag laws aren’t possible in Idaho.

“Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.”

On the surface, it would appear that confiscating firearms would be illegal under Idaho’s constitution.

However, what would prohibit the legislature from passing a law that allowed a judge to force you to remove firearms from your home to another family member’s home?

The government isn’t “confiscating” your firearms but forcing you to give them to someone else temporarily. Is that really any different?

Not to the gun owner losing his/her firearms it isn’t!

Does that sound like a plausible loophole? The answer to that question is yes and we know that because the ISAA killed a bill with a similar style provision two years ago.

In 2018, Rep. Melissa Wintrow introduced a bill to require a gun owner to remove firearms from their home if they were convicted of misdemeanor domestic violence.

Several legislators challenged the constitutionality of the bill given the Idaho Constitution requires a felony conviction.

However, Wintrow took her bill to the Attorney General, Lawrence Wasden, who claimed there was no conflict!

So, Wintrow had apparently found a workaround of Idaho’s Article 1 Section 11.

Additionally, the language in a version of Marsy’s Law last year had similar language to Red Flag laws. No constitutional concerns were ever brought up by the AG’s office.

Despite what some Idaho lawmakers are trying to claim, Idaho’s constitution is not going to stop Red Flag laws entirely.

Everyone would agree that there are a lot of infringements on the 2nd Amendment despite the very clear wording therein.

So do some Republicans in particular really believe the legislature couldn’t find a workaround if they wanted to?

I believe Idaho needs to amend our state constitution to be much stronger.

The prohibition of Red Flag laws or anything similar would be at the top of the list.

For now, Idahoans must keep watch over any bill that contains Red Flag language. Don’t let any similar language see the light of day or they’ll use it as justification for a Red Flag style law later on.

As more states pass Red Flag laws, the pressure is going to increase on the Idaho legislature to “do something” with them as well.

Gun owners must stand strong and remove from office those who are unwilling to oppose Red Flag laws and anything that looks like one.



10 thoughts on “The Truth About Red Flag Laws in Idaho

  1. Lyndon Schancer Reply

    No ( red flag laws ) anywhere in the United States, these so called laws go against my rights as stated in the Constitution of the United States of America ( 2nd Amendment ).God Bless the U.S.A. God Bless the N.R.A.

  2. Glenn Smith Reply

    Red Flags are not just about Arms. They bite into half of your Bill Of Rights and the constitution itself. Not to mention their impact upon the entire concept of FREEDOM.

  3. Robert Dehart Reply

    All these red flag laws are unconstitutional and should not be imposed on idahoans all the people in government should be reminded that they work for the We the People not the other way around all red flag laws need to be opposed the Second Amendment shall not be infringed

  4. Don Fleming Reply

    Wintrow lied about the Attorney General saying there was no conflict with the Idaho Constitution. Here is a copy of the letter to Wintrow from an attorney in the AG office ( She emailed this letter to me when I asked for a copy of the letter in which the AG had said there was no conflict.

    There’s no statement in that letter to the effect that our constitution allows laws that prohibit possession by people convicted of misdemeanor crimes.

    I would suggest that a FOIF request be made to the AG office to get all correspondence, emails, guidance letters, and unpublished opinions that they have issued on this

  5. Don Fleming Reply

    Here’s the correct link:

  6. wayne tachell Reply

    Marbury vs. Madison, 5th US Court of 1803 reads thus: All laws which are Repugnant to the constitution, are Null and Void. See you at the Voting Booth. KAGA.

  7. rachael johnson Reply

    The way the Caball will enforce red flag gun laws in Idaho and every other state, is to cancel elections, and use state funded police to scare the people ( via a viral, world wide 9/11 ) away from peaceful assembly and redress of grievances.. .Each county needs to have their elected leaders ask for prayer and repentance, and declare in writing that their county and their elected leaders will obey the original Bill of Rights and the original intent of the constitution which protects life, liberty and private property… Furthermore, all treasonous efforts to establish regulations against these three principals are immediately null and void and the unlawful representatives who attempt to enforce rebellion against our Republic immediately loose their representative authority over the people who they swore to protect. When Americas light goes out, the whole world goes dark. We must no longer except crumbs of freedom. Rachael Johnson, College Precinctwoman, Benewah County

  8. Mac Reply

    Not only does the Idaho constitution prevent this, SB1332 explicitly allows confiscation by way of “court order”. This needs to change.

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