Dear Senators and Representatives
The tragedy of this past Saturday’s Twin Falls mass shooting is not limited to just the lives lost and the wounded, but to the fact in Idaho with so many of Idaho’s citizens availing themselves of the right to constitutionally carry firearms that more who were there and who witnessed a life-and-death fight did not rush to the sound of gunfire with their own firearms.
I wish to resort to speculation that if there were other armed civilians present that they may have been deterred in entering the fight themselves perhaps because the negative side of doing so was not just the risk of life and limb, but perhaps the thought of being persecuted by way of the very real thought of prosecution both criminally and civilly for any action they may to take involving use of their firearm. We have been witness to the many instances where good citizens pay dearly for lawfully using a firearm.
An important factor in deterring crime, and in this case a mass shooting, is to tell the world you are not only an armed populace, but that the people themselves having the backing of their government will meet violence swiftly without hesitation.
The people of Idaho should never be considered a soft and easy target by anyone intent on engaging in death and mayhem, least of all not in Idaho. The people of Idaho through their legislators must convey to the world a message of strength and resolve by adopting a Good Samaritan firearms use policy that has the back of the people and which is unmistakable in its meaning.
Please review the attached proposed legislation as a means of accomplishing such end, or alternatively, to spark debate on your part and move you to doing something equally effective.
Please reply with your questions or thoughts on this important subject.
Short title: GOOD SAMARITAN FIREARMS USE BILL
Proposed Statement of Purpose
This legislation strengthens Idaho’s self-defense laws by establishing explicit “Armed Good Samaritan” protections for law-abiding citizens who, in good faith, use a firearm or other force to stop an imminent threat of death or serious bodily harm to themselves or others. Recognizing that fear of arrest, prolonged prosecution, civil lawsuits, and crushing legal costs can deter responsible intervention even when fully justified under existing statutes, the bill affirms criminal immunity with a swift pretrial hearing process, expands civil immunity (including for unintended bystander injury arising from good-faith action) while preserving accountability for gross negligence, mandates recovery of attorney’s fees and costs for successful defenders, and protects thorough investigation without treating justified defenders as prolonged suspects. These carefully balanced measures, fully consistent with the Second Amendment, the Idaho Constitution, and the state’s Stand Your Ground and Castle Doctrine principles, reduce practical barriers to life-saving action so that armed good citizens are more likely to intervene to protect the innocent without risking personal and financial ruin.
Proposed Legislation for the 2027 Idaho Legislative Session
LEGISLATURE OF THE STATE OF IDAHO
Sixty-ninth Legislature
First Regular Session – 2027 HOUSE BILL NO. ____ (or SENATE BILL NO. ____)
BY __________________ COMMITTEE
AN ACT RELATING TO DEFENSE OF SELF, OTHERS, AND THE PROTECTION OF LIFE; AMENDING CHAPTER 2, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-202B, IDAHO CODE, TO PROVIDE ENHANCED IMMUNITY AND PROCEDURAL PROTECTIONS FOR PERSONS WHO USE FORCE, INCLUDING DEADLY FORCE WITH A FIREARM, IN GOOD FAITH TO DEFEND THEMSELVES OR OTHERS FROM IMMINENT DEATH OR SERIOUS BODILY HARM; AMENDING SECTION 6-808, IDAHO CODE, TO STRENGTHEN CIVIL IMMUNITY AND COST RECOVERY; PROVIDING LEGISLATIVE INTENT; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Chapter 2, Title 19, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 19-202B, Idaho Code, and to read as follows:
19-202B. IMMUNITY AND PROCEDURAL PROTECTIONS FOR JUSTIFIED USE OF FORCE IN DEFENSE OF LIFE — ARMED GOOD SAMARITAN PROVISIONS.
(1) Legislative findings and purpose. The Legislature finds that:
- The Second Amendment to the United States Constitution and Article I, Section 11 of the Idaho Constitution secure the right of the people to keep and bear arms for the defense of self and others;
- Idaho Code sections 18-4009 and 19-202A already recognize the right to use reasonable force, including deadly force, to protect self, family, or another person reasonably believed to be in imminent danger of aggravated assault, robbery, rape, murder, or other heinous crime, with no duty to retreat from any place a person has a lawful right to be;
- Traditional Good Samaritan protections under Idaho Code section 5-330 encourage citizens to render emergency medical aid without fear of ordinary civil liability;
- Parallel public-policy considerations support clear, robust protections for citizens who, in good faith and without gross negligence, use a lawfully possessed firearm or other force to stop an imminent threat of death or serious bodily harm to themselves or others;
- Fear of criminal investigation, prolonged prosecution, civil lawsuits, and financial ruin can deter law-abiding armed citizens from intervening to save lives even when such intervention is fully justified;
- It is the policy of the State of Idaho to encourage responsible, good-faith intervention that preserves innocent life while maintaining accountability for reckless or unjustified conduct.
(2) Definitions. For purposes of this section:
- “Good-faith use of force” means the use of force, including the display or discharge of a firearm, that a reasonable person in the same situation and with the same knowledge would believe necessary to prevent imminent death or serious bodily injury to the actor or to another person, without the benefit of hindsight.
- “Imminent” means a threat that is immediate and about to occur, such that delay would create a substantial risk of death or serious bodily injury.
- “Serious bodily injury” has the same meaning as provided in Idaho Code section 18-4006 or successor provisions.
(3) Criminal immunity. A person who uses force as justified under Idaho Code section 18-4009 or as otherwise permitted under sections 19-201 through 19-205, Idaho Code, including the good-faith use of a firearm in defense of self or another, shall be immune from criminal prosecution for the use, attempted use, or threatened use of such force.
(4) Pretrial determination. Upon motion of the defendant claiming immunity under this section, the court shall hold a pretrial hearing. At the hearing, the defendant shall present a prima facie case that the use of force was justified. The burden then shifts to the state to prove by clear and convincing evidence that the use of force was not justified. If the court finds the defendant is entitled to immunity, the court shall dismiss the charges with prejudice. The hearing shall be held as soon as practicable, and discovery relevant to the justification claim shall be expedited.
(5) Civil immunity clarified and expanded. In addition to the immunity provided in Idaho Code section 6-808:
- A person who uses force in good faith as described in this section is immune from civil liability for any injury, death, or property damage resulting from such use of force, including unintended injury to a bystander, unless the person acted with gross negligence, recklessness, or willful misconduct.
- This immunity applies to intervenors who come to the aid of a third party under the same standards applicable to self-defense.
- The immunity does not apply if the person knew or reasonably should have known that the person against whom force was used was a law enforcement officer acting in the lawful performance of official duties and properly identified as such.
(6) Cost recovery and reimbursement.
- If a court determines a person is immune under this section or section 6-808, Idaho Code, the court shall award the person reasonable attorney’s fees, expert fees, and costs incurred in the criminal or civil proceeding.
- When charges are dismissed or a person is acquitted by reason of justified use of force under this chapter or section 18-4009, the county in which the action was brought shall reimburse the person for reasonable attorney’s fees and costs, upon application and supporting documentation, unless the court finds the claim for reimbursement is frivolous.
(7) Law enforcement investigation. Nothing in this section prevents a law enforcement officer from conducting an impartial investigation. However, once the investigating agency has determined that the use of force appears justified under this section or related statutes, the agency shall not continue to treat the defender as a criminal suspect solely for the defensive act, and any detention beyond that reasonably necessary for the investigation shall be minimized.(8) Construction. This section shall be liberally construed to effectuate its purpose of protecting good-faith intervenors who act to preserve innocent life. It supplements and does not diminish existing rights under sections 18-4009, 19-202A, or 6-808, Idaho Code.
SECTION 2. That Section 6-808, Idaho Code, be, and the same is hereby amended to read as follows:
6-808. CIVIL IMMUNITY FOR SELF-DEFENSE AND DEFENSE OF OTHERS. (1) A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205 and 19-202B, Idaho Code, is immune from any civil liability for the use of such force, including unintended consequences to bystanders, except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties, or when the person acted with gross negligence, recklessness, or willful misconduct. (2) The court shall award reasonable attorney’s fees and costs incurred by the defendant in any civil action if the court finds that the defendant is immune from such action pursuant to this section. (3) [Existing definition of law enforcement officer remains unchanged.]
SECTION 3. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
SECTION 4. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after July 1, 2027.
