Proposed firearms bill draws concern

A firearms bill being heard by the Senate State Affairs Committee would add a level of “nuance” to state statute, according to its author.

“This will add a layer of nuance to the current law because we really don’t have a law about it,” District 1 Sen. Scott Herndon said of Senate Bill 1374. “So this will add a layer of law that basically allows the Festival to do what they’re doing … but what wouldn’t be allowed to prohibit firearms would be something like the Sandpoint Farmers Market in Farmin Park.”

However, critics dispute Herndon’s contention, saying the bill could jeopardize their property rights allowed under a lease and could put such events as the Festival at Sandpoint at risk.

“Safety is paramount in ensuring everyone can enjoy an event without fear or concern," Ali Baranski, Festival at Sandpoint executive director, said. "This bill would strip organizations like the Festival at Sandpoint of their rights as leaseholders to govern and regulate events in ways that further their mission and keep staff, talent, and guests safe."

Idaho law forbids the curtailment of Second Amendment rights on public lands. War Memorial Field is owned by the city and leased to the Festival for two weeks in late July to early August. However, in its June 2023 ruling, the Idaho Supreme Court found the issue was one of private property rights.

"This appeal concerns whether a private party that leases public property from an Idaho municipality may govern those who come and go from its property during the lease," Justice John R. Stegner wrote for the court. "The short answer is yes."

Events like the Festival or a wedding are categorized as invitation-only, private events, or commercial where admission is charged. As such, they would not be impacted by S1374 and could still determine what rules they want to govern their event, such as prohibiting firearms, Herndon said. However, events such as a local farmers market or county fair, where the public has a reasonable expectation that they can carry a firearm, would be barred from prohibiting guns.

“Essentially, it's picking a middle ground is what 1374 is where basically where the law is silent right now,” Herndon said. “We really don't have anything in our law that really helps people to understand where they're allowed to carry or not carry if the underlying property is owned by the government.”

Both city and Festival officials said the legislation could have a chilling effect on events like the Sandpoint summer music series that both unite communities and have economic and cultural impacts.

The Festival at Sandpoint has an annual direct economic impact of $3.8 million on Bonner County, generates more than $233,000 in Sandpoint, Bonner County, and state taxes, and creates up to 40 full-time equivalent jobs throughout Sandpoint.

S1374 would restrict the Festival from hosting the show at War Memorial Field, which the organization leases from the city of Sandpoint, Baranski said.

“To provide world-class entertainment, the Festival must adhere to performance contracts for every performer we work with, including that all weapons are prohibited inside the performance venue,” she said. “This proposed legislation would directly impact the Festival’s and other nonprofits’ ability to book talent, which could ultimately result in total event cancellations.”

Sandpoint Mayor Jeremy Grimm also expressed concern, saying he’s worried about the potential impact that the legislation could have on events like the Festival.

“Any legislation that would jeopardize the viability of the Festival at Sandpoint’s continued operations would be very concerning to me,” Grimm said.

After losing the second of two challenges during the four-year-long saga over whether weapons were allowed on leased property, Herndon pledged to introduce legislation to protect gun rights in the state.

“I will go to the mat to find a legislative solution for Idaho’s gun owners," Herndon said at the time. "While property rights are fundamental, gun rights are equally fundamental, and the right of self-defense must be protected on public property."