Counteractive legislation is a phenomenon that has been prevalent throughout almost the entirety of U.S. history. The Idaho Firearms Freedom Act, passed in 2010, provides a unique opportunity to survey one piece of counteractive legislation from start to finish. The continued presence of this law in Idaho has the potential to result in detrimental reliance by citizens who believe they are lawfully exercising their right to bear arms, despite being in violation of federal law. This comment provides a close look at the Idaho Firearms Freedom Act and examines the history of counteractive legislation in Idaho and at the national level, as well as its potential side effects.
Audrey G. Thorne,
Federalism of the Highest Caliber: Counteractive Legislation and the Idaho Firearms Freedom Act,
Idaho L. Rev.
Available at: https://digitalcommons.law.uidaho.edu/idaho-law-review/vol56/iss3/12