Adams eyes gun laws

COEUR d'ALENE - Coeur d'Alene's law against discharging weapons in city limits doesn't grant an exception to people using a gun in self-defense.

State law does, though, and - according to legislation passed in 2008 - all of the state's firearms laws supersede any passed by local government.

An effort by Coeur d'Alene City Councilman Steve Adams to bring city law in line with state law didn't garner any support Monday at a meeting of the city's General Services Committee.

Councilwoman Amy Evans and Councilman Ron Edinger also voted against Adams' attempt to overturn the city's ban on weapons at parades, festivals or any public assembly in Coeur d'Alene.

Despite the committee's lack of support, Adams said Monday that he will take both issues to the full city council for consideration. The council meets at 6 p.m. Tuesday.

"I took an oath to uphold the U.S. Constitution and State Constitution and laws and statutes," Adams said. "The city is clearly out of compliance. For me, it's not about guns, it's about compliance."

Adams first proposed the changes to the city's weapon laws in March, but discussion was tabled so the city attorney's office could review the constitutionality of the city's weapons ordinance.

The Idaho Second Amendment Alliance - which has contacted Adams - is advocating for the changes as part of the group's "Preemption Project." President Greg Pruett on Tuesday said Evans' and Edinger's lack of support for the change is disappointing and shows "blatant disregard for Second Amendment rights."

"State law already trumps their ordinance," he said. "I'm kind of baffled, to tell the truth, that they would even do that. State law says you can't do that."

The city's prohibition against weapons at parades and festivals was passed several years ago in response to conflicts arising during the Aryan Nations' annual marches through downtown Coeur d'Alene.

City Attorney Mike Gridley said there appears to be two conflicting state laws and, ultimately, it would be up to the courts to determine which law prevails.

"The Legislature on one hand says cities can't regulate possessions of firearms and other matters related to firearms," Gridley said. "On the other hand, cities have the right and power to regulate and prevent public disturbances."

Councilman Ron Edinger said Monday that he believes the city's ordinances don't need tweaking.

"It has worked," he said. "Nobody's challenged it and I'm sure with all the controversy about guns and everything, I would have thought by now someone would have challenged it.

"If it's working, fine. If it's not, let somebody challenge it and see what happens."

Coeur d'Alene is the only city Pruett has come across in his research for the Preemption Project that has a ban on weapons at parades and festivals.

The city law provides exceptions for law enforcement, officers and soldiers of the military and members of national veterans' organizations. There is no exemption for citizens who are licensed to carry concealed weapons.

Several cities in Idaho have laws conflicting with the state's Preemption Law, Pruett said.

Once contacted by the Idaho Second Amendment Alliance, Pruett said, several counties and cities proposed ordinance changes and took other action to comply with the state law, like removing "No Firearms" signs from public parks.

"We're not out to badger cities or hammer them," Pruett said, "but we are going to bat for people's Second Amendment rights."

As for the city's law against discharging weapons in city limits, Gridley agrees that adding a self-defense clause would bring it in line with state law. He said he doesn't believe anyone has ever been prosecuted for firing a weapon in self-defense in the city.

"If you're lawfully defending yourself," he said, "and you fire a firearm, I can't imagine someone would prosecute you for misdemeanor discharge of a weapon."