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How Do You Get Your Gun Rights Back After a Felony

Posted by Christi Schofield | Jul 14, 2019 | 0 Comments

As discussed in our previous post, "Automatic Gun Rights Restoration After a Felony Conviction," the right to possess a firearm is suspended for every person convicted of a felony. We say "suspended" because, more often than not, the right to possess a firearm is not permanently lost. To determine when and how to restore your firearm rights, you must look at Idaho Code 18-310(2). The right to possess a firearm will automatically be restored to any person NOT convicted of a felony listed under this statute "upon final discharge of the case." This occurs when you've completed your sentence and paid back any restitution ordered by the court. You don't need to do anything else on your end to get your firearm rights back. 

What if you were convicted of a crime listed under Idaho Code 18-310(2)?

If you were convicted of first or second degree murder, voluntary manslaughter, or any crime that was enhanced due to the use of a firearm during the commission of the crime, then your right to possess a firearm is permanently lost. We have no choice in the matter; it is statutorily prohibited under Idaho Code 18-310(3).

If you were convicted of some other crime listed under Idaho Code 18-310(2), you're in luck because our office can help you apply to have your firearm rights restored. Here are the requirements you must meet to submit an application:

    1. At least 5 years must have passed since your felony sentence was discharged (i.e., the date you completed probation and paid back all restitution); 
    2. You cannot be currently incarcerated or on probation for a felony and/or misdemeanor conviction; and
    3. You cannot apply within 12 months of submitting a previous application.

Applying to have your firearm rights restored can be a long and difficult process and shouldn't be taken lightly. It can sometimes take several years and can even require a formal hearing. Call our office today for a free 30-minute consultation on how we can assist you through this process. 

About the Author

Christi Schofield

Christi is an experienced attorney who represents clients in criminal and family law matters in the Treasure Valley and surrounding areas. 

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