Judge Gives Gun Grabbers a Win in Festival Lawsuit
by Shari Dovale
Judge Lansing Haynes ruled this week in favor of the City of Sandpoint against Bonner County in the ongoing saga of the gun ban at the Festival in Sandpoint.
After decades of peaceful concerts at War Memorial Field in Sandpoint, Idaho, in which open and concealed carry of firearms was never brought into question, the gun control enthusiasts made their move to ban firearms during the popular series of summer concerts.
It was by no coincidence that the Socialist gun control fanatics made this happen when they did. As of July 1, 2019, Idaho statute allowed all residents 18 years of age, not disqualified from having a permit, to carry a concealed firearm statewide without a permit. In 2020, H.B. 516 was passed in Idaho that allowed for all Americans to carry a concealed firearm in the state without a permit.
State law allowed for it because it was the choice of the citizens, so the looney left had to come up with a way to override the will of the people.
When the City allowed the organizers of the Festival to forbid firearms, the uproar was heard throughout the state. Two citizens attempted to enjoy the concerts with their normal everyday carry and were denied.
The Bonner County Commissioners and Sheriff filed suit on behalf of their constituents. This week, Judge Haynes threw out that lawsuit in a summary judgment ruling in favor of the City.
We asked several Bonner County officials to give us their take on this ruling. Sheriff Daryl Wheeler made it short and sweet:
“The judge says I have discretion. Fine then, I will apply the law as I see it”
Bonner County Commissioner Steve Bradshaw added:
Very disappointed, the judge, if that’s what you want to call him, is using the festival and the 2nd amendment suit as an excuse to side step his responsibility to the law enforcement agencies and the citizens,,,sad
Commissioner Dan McDonald elaborated with this statement:
Not ruling on the merits of the case and instead using a parlor trick of throwing this out on Standing doesn’t provide the proper remedy that two governmental entities who disagree on a law are entitled to.
The judge in this case clearly did not help either the City or the County nor the citizens in this case and has effectively left us in limbo while also creating additional liability for all parties involved.
Declaratory judgments are a standard tool to assist governmental agencies in determining the proper interpretation of laws. In my opinion, this was a failure of our judicial system at the District level to rule on the law. Instead, we still have no ruling to hang our hat on but instead are left being in the same place we were a year ago.
We will be meeting to discuss an appeal as we still have no real determination.
But, the most gun friendly state in the union is not going to give up so easily. Not only is Bonner County discussing their options for appeal, but Scott Herndon and Jeff Avery, two men that were specifically banned from the festival, have filed suit as well. That case is scheduled for trial in February 2021.
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What kind of legal contortions did this judge make ?..As I understand it, the Sandpoint Fairgrounds are public property, an area where State law is in force, including permitless carry..The fair concessionaires, however they might feel about it, can’t simply make up their own rules in defiance of state law..Most definitely this idiotic ruling should be appealed..