Firearm Offenses

There are many firearm related offense, not all are considered violent crimes but many are associated with violence. Additionally, a person must understand the distinction between state firearm rights and federal firearm rights. Federal law always controls when it comes to firearms. This means even though you may have a state right to possess and use firearms, you can still be precluded from possessing a firearm because of federal law. 

“Firearm” means any deadly weapon capable of ejecting or propelling one (1) or more projectiles by the action of any explosive or combustible propellant, and includes unloaded firearms and firearms which are inoperable but which can readily be rendered operable.

Felon In Possession Of A Firearm (State Charge)

A sentence of custody to the Idaho State Board of Correction suspends all the firearm rights of the person so sentenced.  However, upon final discharge, a person convicted of any Idaho felony shall be restored their firearm rights, except that for persons convicted of treason or those offenses enumerated in paragraphs (a) through (jj) of Idaho Code § 18-310 the right to ship, transport, possess or receive a firearm shall not be restored. “Final discharge” means satisfactory completion of imprisonment, probation, and/or parole. 

A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars $5,000.

Federal Firearm Possession Charge

18 U.S.C. § 922(g) makes it unlawful for any person to possess a firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.  This law applies to any person:

(1)   who has been convicted, in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2)   who is a fugitive from justice;
(3)   who is an unlawful user of or addicted to any controlled substance (as defined in § 102 of the Controlled Substances Act (21 U.S.C. § 802));
(4)   who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien,

(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a non-immigrant visa (as that term is defined in § 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)(26)));

(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that–

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to   participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such        intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be   expected to cause bodily injury; or

(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce.

Under federal law, “Firearm” is defined in 18 U.S.C. § 921(a)(3) as:  (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.

A conviction for violation of this law is a felony and is punishable by a maximum penalty of 10 years imprisonment and/or $10,000.

Exhibition Of A Deadly Weapon

Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.  A violation is punishable by a $500 fine and up to six months in jail.

Carrying A Concealed Weapon Without A License

Except in the person's home, fixed place of business, or on property in which the person has any ownership or leasehold interest, a person shall not carry a concealed weapon without a license to carry a concealed weapon. A concealed weapon means any dirk, dirk knife, bowie knife, dagger, pistol, revolver or any other deadly or dangerous weapon. 

A conviction is punishable by a $500 fine and up to six months in jail.

Carrying A Concealed Weapon Under The Influence Of Alcohol Or Drugs

It is unlawful for any person to carry a concealed weapon when intoxicated. Any violation of the provisions of this section shall be a misdemeanor resulting in up to a $500 fine and six months in the county jail.

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