Restoring Gun Rights After a Felony Conviction in Idaho
Under Idaho Code § 18-310, non-violent felons generally have their gun rights automatically restored upon final discharge. Felons with enumerated offenses can apply for firearm rights restoration through the Commission, while those with domestic violence misdemeanor convictions require a full pardon to overcome federal bans.
Hunting and sport shooting are deeply woven into the culture of Idaho. However, if you are convicted of a felony, you immediately lose your Second Amendment right to purchase, possess, or carry a firearm. Getting caught with a gun as a convicted felon is a serious crime that will send you straight back to prison under both state and federal laws.
The good news is that a felony conviction does not always mean a lifetime ban. Idaho has specific legal mechanisms designed to restore your civil rights once you have paid your debt to society. The exact process depends entirely on the nature of your original crime. Because violating firearms laws carries devastating consequences, you should never guess about your legal status. We strongly encourage you to consult a dedicated criminal defense lawyer from our directory to formally verify your rights before touching a weapon.
Step-by-Step Guide to Restoring Gun Rights in Idaho
Whether you live in Pocatello, Lewiston, or Nampa, gun laws involve a complex intersection of local Idaho statutes and strict federal regulations. Here is how the restoration process works based on your criminal history.
Step 1: Automatic Restoration for Non-Violent Felonies
If you were convicted of a non-violent felony in Idaho-such as a standard drug possession, grand theft, or white-collar fraud-you have the easiest path. Under Idaho Code § 18-310, your civil rights, including the right to ship, transport, possess, or receive a firearm, are automatically restored once you achieve 'final discharge.' This means you must have completed all prison time, finished parole or probation, and paid all court fines and restitution. Once discharged, you do not need to file any special court petitions to get your gun rights back under state law.
Step 2: The Process for Violent and Enumerated Felonies
The state treats violent crimes and designated offenses differently. Under Idaho Code § 18-310(2), a list of enumerated felonies-such as robbery, burglary, aggravated assault, and drug trafficking-disqualifies offenders from automatic rights restoration. Precedents like Rich v. State, 159 Idaho 553 (ID Supreme Court 2015) highlight how strictly courts uphold firearm prohibitions to protect public safety. However, an offender does not necessarily need a full gubernatorial pardon. Under Idaho Code § 18-310(3), individuals convicted of most enumerated offenses may submit an application directly to the Commission of Pardons and Parole specifically to restore their firearm rights once five years have elapsed since final discharge (unless convicted of murder or an offense with a firearm enhancement).
Step 3: Navigating the Federal Lautenberg Amendment
Even if you avoid a felony, certain misdemeanors can destroy your gun rights. The federal Lautenberg Amendment, found in 18 U.S.C. § 922(g)(9), places a lifetime federal ban on anyone convicted of a 'misdemeanor crime of domestic violence.' Because misdemeanor offenders in Idaho never lose their civil rights, the administrative restoration process under state law cannot restore their gun rights. Under federal law (18 U.S.C. § 921(a)(33)(B)(ii)), the only way to lift a Lautenberg firearm disability is through a full Governor's Pardon or judicial set-aside of the underlying conviction.
Step 4: Filing for Restoration of Rights or a Pardon
For felons seeking relief from an enumerated conviction under state law, you must submit Form Application for Restoration of Firearms Rights, Idaho, Commission of Pardons and Parole, Restoration of Rights Application to the Idaho Commission of Pardons and Parole, Boise. You must wait at least 5 years after final discharge of your sentence before applying under Idaho Code § 18-310(3). However, this administrative process does not apply to domestic violence misdemeanors under federal law; those individuals must instead apply for a full Governor's Pardon using the Commission's separate pardon process to remove the federal disability.
How Much Does it Cost?
If you are a non-violent felon whose rights restore automatically, it costs nothing. However, if you must apply for a pardon or rights restoration through the Commission, you will need legal help. Attorneys typically charge a flat fee between $3,000 and $6,000 to compile your background check, draft the extensive application, and represent you at the Commission hearing in Boise.
How Long Does it Take?
Automatic restoration for non-violent felons happens the exact day your sentence is officially discharged by the Department of Correction. If you must apply through the Commission of Pardons and Parole, the process is incredibly slow. From the time your attorney submits the application, it typically takes 6 to 12 months to get a hearing, and several more months to receive a final decision from the Governor's office.
Frequently Asked Questions (FAQ)
How do I know for sure if my sentence is fully discharged?
You should request a formal 'Certificate of Discharge' from the Idaho Department of Correction or your probation officer. This document legally proves that you have completed all terms of your sentence and paid all necessary fines.
Does an automatic restoration update the background check system?
Not always immediately. Sometimes the federal NICS (National Instant Criminal Background Check System) does not receive the update that your rights were restored under Idaho law. An attorney can help you file a NICS Voluntary Appeal File (VAF) to update the database so you can pass the gun store check.
Can I hunt with a bow and arrow if I am a violent felon?
Yes. Under federal and Idaho law, a bow and arrow is not legally classified as a 'firearm.' However, modern muzzleloaders and certain black powder guns can sometimes fall into gray areas, so you should always verify with a lawyer before hunting.
What if my felony was from another state?
If you were convicted of a felony in a different state, you must generally restore your gun rights according to the laws of the state where the conviction occurred, not Idaho law.
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