SAF Teams Up With ISAA to Sue Idaho City Over Firearms Ban at Festival

Idaho Capital Building
The Second Amendment Foundation is suing the City of Sandpoint, ID for its illegal ban on the legal carry of firearms at a public park. IMG NRA-ILA

Bellevue, WA -(AmmoLand.com)-The Second Amendment Foundation teamed up the Idaho Second Amendment Alliance to file a lawsuit against the City of Sandpoint, Idaho challenging a ban on the legal carrying of firearms at a public park during an event sponsored by the Festival at Sandpoint, Inc.

SAF is joined by the ISAA, and two private citizens as plaintiffs. They are represented by attorneys Alexandria C. Kincaid of Emmett, Idaho, and Donald E. Kilmer of Caldwell, Idaho. The complaint was filed in the District Court of the First Judicial District of the State of Idaho, in Bonner County. Both the City Sandpoint and the
Festival at Sandpoint, Inc. are named as defendants. The case is known as Herndon v. City of Sandpoint.

The lawsuit alleges a “faulty delegation of police power from the City of Sandpoint to a non-profit corporation” in violation of both the Idaho Constitution and the U.S. Constitution, both of which recognize and protect the right to keep and bear arms.

Because the city leases War Memorial Field Park to the Festival at Sandpoint, Inc., every August, the lawsuit contends this is a “delegation of power” the city doesn’t really have. The Festival group bans the possession and carrying of firearms at the annual event, either openly or concealed. The park is public property, and during previous events, visitors have carried firearms in accordance with state law. Last year, however, plaintiffs Scott Herndon and Jeff Avery were denied entrance to the park. When they asked what authority allowed the festival to impose a ban, they were threatened with a criminal trespass violation.

“No municipal government should ever turn over regulatory authority to a private group, no matter what the issue, especially when the government’s authority doesn’t exist in the first place,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This sort of abuse of power needs to be nipped in the bud. Herndon and Avery have the law, and the constitution, on their side regardless of what these festival organizers might believe.”

The lawsuit contends the rights of gun owners are violated under Idaho Preemption, the Second, Fourth and Fourteenth amendments. SAF and its fellow plaintiffs are seeking an injunction against the defendants. The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.


Second Amendment FoundationSecond Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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Circle8
3 months ago

Sandpoint is a town living in the 60-70’s and full of dope smoking hippies. The new mayor is a the owner of a feel good book coffee shop. The important thing is he is a transplant and maybe light in the loafers.

MICHAEL J
MICHAEL J
3 months ago

Looks as if the left has finally infiltrated Idaho.

Bob
Bob
3 months ago

What was the date of the filing? Reporting is more complete if the actions described were dated. Stick to the 5Ws: who, what, when, where, why