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Automatic Gun Rights Restoration After A Felony Conviction

Posted by William Young | Apr 01, 2019 | 0 Comments

Do I Need To Restore My Gun Rights?

Most people have heard that upon being convicted of a felony you lose your gun rights. This is true. What many people don't know is that upon your completion of probation or parole you may automatically have all your civil rights restored, including your gun rights.

Take a look at Idaho Code 18-301 https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch3/sect18-310/:

Upon final discharge (completion of imprisonment, probation or parole), a person convicted of any Idaho felony shall be restored the full rights of citizenship, except that a person convicted of the following crimes does not automatically get their gun rights back:

(a)  aggravated assault (18-905, 18-915, Idaho Code);
(b)  aggravated battery (18-907, 18-915, Idaho Code);
(c)  assault with intent to commit a serious felony (18-909, 18-915, Idaho Code);
(d)  battery with intent to commit a serious felony (18-911, 18-915, Idaho Code);
(e)  burglary (18-1401, Idaho Code);
(f)  crime against nature (18-6605, Idaho Code);
(g)  domestic battery, felony (18-918, Idaho Code);
(h)  enticing of children, felony (18-1509, Idaho Code);
(i)  forcible sexual penetration by use of a foreign object (18-6608, Idaho Code);
(j)  indecent exposure, felony (18-4116, Idaho Code);
(k)  injury to child, felony (18-1501, Idaho Code);
(l)  intimidating a witness, felony (18-2604, Idaho Code);
(m)  lewd conduct with a minor or child under sixteen (18-1508, Idaho Code);
(n)  sexual abuse of a child under sixteen (18-1506, Idaho Code);
(o)  sexual exploitation of a child (18-1507, Idaho Code);
(p)  felonious rescuing prisoners (18-2501, Idaho Code);
(q)  escape by one charged with, convicted of or on probation for a felony (18-2505, Idaho Code);
(r)  unlawful possession of a firearm (18-3316, Idaho Code);
(s)  degrees of murder (18-4003, Idaho Code);
(t)  voluntary manslaughter (18-4006(1), Idaho Code);
(u)  assault with intent to murder (18-4015, Idaho Code);
(v)  administering poison with intent to kill (18-4014, Idaho Code);
(w)  kidnapping (18-4501, Idaho Code);
(x)  mayhem (18-5001, Idaho Code);
(y)  rape (18-6101, Idaho Code);
(z)  male rape (18-6108, Idaho Code);
(aa) robbery (18-6501, Idaho Code);
(bb) ritualized abuse of a child (18-1506A, Idaho Code);
(cc) cannibalism (18-5003, Idaho Code);
(dd) felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance (37-2732, Idaho Code);
(ee) trafficking (37-2732B, Idaho Code);
(ff) threats against state officials of the executive, legislative or judicial branch, felony (18-1353A, Idaho Code);
(gg) unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home (18-3317, Idaho Code);
(hh) unlawful possession of destructive devices (18-3319, Idaho Code);
(ii) unlawful use of destructive device or bomb (18-3320, Idaho Code);
(jj) treason;
(kk) attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code), or solicitation (18-2001, Idaho Code), to commit any of the crimes described in paragraphs (a) through (ii) of this subsection.
 

I Was Convicted Of A Crime On The Above List, What Now?

If you were convicted of one of the listed crimes (a-kk) then you can still restore your gun rights however this process does not happen automatically.

"A person not restored to their gun rights (right to ship, transport, possess or receive a firearm) may make application to the commission of pardons and parole to restore their gun rights. The application must be made at least five years after the date of final discharge. The commission does not have the ability to restore the gun rights of persons convicted of: murder in the first degree (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho Code), or felonies (a) through (jj) listed above if the sentence was enhanced for the use of a firearm during the commission of said felony."
 
I help people restore these rights. To read further click here or contact me.

About the Author

William Young

Idaho Criminal Defense and Civil Litigation Attorney. Although I do a little bit of everything in my practice, I focus primarily on Criminal Defense and Civil Litigation. I am licensed to practice, and have a record of success, in both state and federal court.

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