Idaho is generally considered one of the most firearm-friendly states in the Union. Indeed, it is commonly known that no successful candidate for statewide office has ever proposed gun control as a political issue. Moreover, the Idaho Constitution is more expressive regarding Firearm Rights than the Second Amendment to the US Constitution stating:
“No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.”
That being said, like every state and the federal government, Idaho DOES restrict firearm rights for those who commit felonies. See Idaho Code §18-310. The statute also suspends other civil rights for those incarcerated.
Firearm rights for most felonies are restored automatically upon final discharge, including completion of sentencing and payment of any fines. Idaho Code, § 18-310(2). But, for individuals convicted of certain enumerated felony offenses – like burglary – there is no automatic firearm rights restoration. A separate procedure is used for those felonies. Restoration of firearm rights for those felons can be restored either through a pardon issued by the Governor or by filing an application to restore firearm rights. Both are filed with the Idaho Commission of Pardons and Parole (“ICPP”). The ICPP is statutorily barred from restoring firearm rights for the following felony convictions:
Murder in the First DegreeMurder in the Second DegreeAny convictions with sentences enhanced for the use of a firearm during the commission of the offense
The ICPP also has no authority to restore firearm rights lost because of felony convictions in other states or at the federal level. Further, the ICPP does not restore firearm rights lost due to a misdemeanor conviction. In Idaho, all rights, including firearm rights, are automatically restored upon sentence completion for a misdemeanor conviction.
In terms of eligibility, a person cannot file an application to restore firearm right until at least five years has elapsed after the discharge of a felony sentence. Applicants must file:
A complete and correct application – incorrectly completed applications or those lacking required documentation are not processed – PDF copy of the application can be found hereIdentification of reason for requesting restoration of firearms rightsCopies of arrest records – do not need to be certifiedCertified copies of all court judgment and conviction orders for each felony crime listed in the application – printouts and various types of copies are not acceptedVerification of Court ordered fines, fees, and restitution are paid in full – again, court records must be verified
Recommended additional documentation includes:
Letters of recommendationGood character letters of referencesResidence history since release from incarcerationService history (if any)Other documentation that supports your requested firearm restoration – which might include records with respect to employment, academic achievement, community honors, etc.
Once a completed application is received, the ICPP conducts an investigation which includes, among other things, a criminal records check, employment history check, a verification and investigation into the applicant’s status as a good citizen and investigation into any other “prosocial accomplishments” listed in the application since completion of the applicant’s sentence. Further, ICPP encourages a face-to-face or telephone interview with the applicant; but such is not strictly required. However, likely, it will be seen as a “negative” if the applicant is unwilling to be interviewed or cannot “make time” for an interview.
When the investigation is finished, the staff of the ICPP will prepare and forward a report to the Commissioners. The application is then set on the agenda for an open session hearing which are offered once a quarter during the months of January, April, July, and October. The Commissioners consider the application and any information obtained during the hearing and render a decision. The applicant is notified via mail.
What about using Idaho’s statute to obtain a reduction of a felony conviction to a misdemeanor?
Idaho has a statute that allows courts – for good cause – to amend a felony conviction to a misdemeanor. See Idaho Code, § 19-2604(2). However, even if successful, the Idaho Supreme Court has recently ruled that a convicted felon must STILL file an application to restore firearm rights with the ICPP. See Order Certifying Question to Idaho Supreme Court – In re: Gutierrez, 492 P. 3d 1094 (Idaho Supreme Court, August 3, 2021). In that case, the felon – Antonio Gutierrez – was arrested in 2019 on a federal felon-in-possession charge based on two Idaho burglary convictions from 2000. However, in 2003, the burglary convictions were reduced by the relevant judge to misdemeanor petit theft charges. Gutierrez argued that the felon-in-possession charges should be dismissed because, once his burglary charges had been reduced to misdemeanors, his firearm rights were restored in Idaho.
However, the Idaho Supreme Court decided otherwise. The court looked to the two statutes and held that having a felony conviction reduced to a misdemeanor conviction did not AUTOMATICALLY restore firearm rights. Since Gutierrez had not filed for restoration of his rights with the ICPP, his firearm rights were still restricted for purposes of a federal felon-in-possession charge.
Note, however, there is likely a different result if the felony conviction is vacated under Idaho Code, § 19-2604(1).
