Idaho anti-militia state law facing repeal

The state of Idaho, which has a large influence of militia organizations and members, along with a conservative state legislature, has proposed a bill that would repeal a law that bans the formation of armed groups and their accompanying public demonstrations.

Currently the only group that has this right is the Idaho National Guard, according to Boise State Public Radio. The law is nearly 100 years old.

Not surprisingly, the bill comes from Senator Dan Foreman (R-Moscow), one of the most far-right legislative members. He has argued that the current law could be a violation of both the First Amendment right of freedom of assembly and Second Amendment right to bear arms.

The passing of the repeal would be another blow to the Idaho State Constitution that purposely states that military power come under civil direction and directly makes private militias illegal.

Foreman has a lot of support in his position, as Governor Brad Little (R) attempted to repeal the law in 2022, but received heavy public criticism from the anti-extremist movement. Little's argument was that the law was outdated and didn't address current laws and logistics.

Legal experts who want to uphold the law refer to a U.S. Supreme Court from the late 19th century to a similar repeal attempt in the state of Illinois in the aftermath of the Civil War.

"It wouldn't allow Aryan Nations [sic] or a skin-head group or neo-Nazis to march armed," Foreman said. "It would allow all Americans to do so. It's not a get out of jail free card or an excuse to misbehave."