BOISE, Idaho (CBS2) — On Monday, the Idaho Supreme Court heard arguments in a case concerning carrying firearms at a private event on public property.
The case stems from a 2019 music festival at War Memorial Field in Sandpoint, Idaho.
Firearms were prohibited at the event, and the lawsuit argued that violated the Second Amendment.
"Does the festival in fact become a state actor or public actor when it starts managing a public park? I think the answer is yes, especially when they seek to override public safety laws in Idaho," said Donald Kilmer, the plaintiff's attorney.
The attorney for Sandpoint, Katharine Brereton, argued that tenants on public property have the same rights to exclude as a tenant on private property.
"If 3302 was meant to be understood as limiting a private tenant's rights leasing private property, it would have said a tenant of private property," Brereton said.
She claimed a ruling for the plaintiffs would have serious consequences for those who lease a park or other publicly owned property.
“It would elevate the second amendment over the right of someone in their home to say you can not come in here. This would effectively deprive their right to defend their castle," Brereton said.
The court has not made a final decision in this case but will issue a written decision at a later date.
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