18-3316. UNLAWFUL POSSESSION OF A FIREARM. (1) 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).
(2) For the purpose of subsection (1) of this section, "convicted of a felony" shall include a person who has entered a plea of guilty, nolo contendere or has been found guilty of any of the crimes enumerated in section 18-310, Idaho Code, or to a comparable felony crime in another state, territory, commonwealth, or other jurisdiction of the United States.
(3) Subsection (1) of this section shall not apply to a person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedure by the jurisdiction where the felony conviction occurred; or whose civil right to bear arms either specifically or in combination with other civil rights has been restored by any other provision of Idaho law.
History:
[18-3316, added 1992, ch. 224, sec. 1, p. 675; am. 2002, ch. 187, sec. 1, p. 541; am. 2015, ch. 303, sec. 6, p. 1198.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 33 - FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
Section 18-3301 - DEADLY WEAPON — POSSESSION WITH INTENT TO ASSAULT.
Section 18-3302 - CONCEALED WEAPONS.
Section 18-3302A - SALE OF WEAPONS TO MINORS.
Section 18-3302B - CARRYING CONCEALED WEAPONS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
Section 18-3302C - PROHIBITED CONDUCT.
Section 18-3302D - POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY.
Section 18-3302E - POSSESSION OF A WEAPON BY A MINOR.
Section 18-3302F - PROHIBITION OF POSSESSION OF CERTAIN WEAPONS BY A MINOR.
Section 18-3302G - EXCEPTIONS.
Section 18-3302H - CARRYING OF CONCEALED FIREARMS BY QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS.
Section 18-3302J - PREEMPTION OF FIREARMS REGULATION.
Section 18-3302K - ISSUANCE OF ENHANCED LICENSES TO CARRY CONCEALED WEAPONS.
Section 18-3303 - EXHIBITION OR USE OF DEADLY WEAPON.
Section 18-3304 - AIMING FIREARMS AT OTHERS.
Section 18-3305 - DISCHARGE OF ARMS AIMED AT ANOTHER.
Section 18-3306 - INJURING ANOTHER BY DISCHARGE OF AIMED FIREARMS.
Section 18-3307 - CIVIL LIABILITY FOR INJURY BY FIREARM.
Section 18-3308 - SELLING EXPLOSIVES, AMMUNITION OR FIREARMS TO MINORS.
Section 18-3310 - SHIPPING LOADED FIREARMS.
Section 18-3311 - KEEPING GUNPOWDER OR OTHER EXPLOSIVES IN TOWNS.
Section 18-3312 - INJURING ANOTHER BY CARELESS HANDLING AND DISCHARGE OF FIREARMS.
Section 18-3313 - FALSE REPORTS OF EXPLOSIVES IN PUBLIC OR PRIVATE PLACES A FELONY — PENALTY.
Section 18-3314 - RESIDENT’S PURCHASE OF FIREARM OUT-OF-STATE.
Section 18-3315 - NONRESIDENT — PURCHASE OF FIREARM IN IDAHO.
Section 18-3315A - PROHIBITION OF FEDERAL REGULATION OF CERTAIN FIREARMS.
Section 18-3315B - PROHIBITION OF REGULATION OF CERTAIN FIREARMS.
Section 18-3316 - UNLAWFUL POSSESSION OF A FIREARM.
Section 18-3318 - DEFINITIONS.
Section 18-3319 - UNLAWFUL POSSESSION OF BOMBS OR DESTRUCTIVE DEVICES.
Section 18-3319A - UNLAWFUL ACTS — HOAX DESTRUCTIVE DEVICE.
Section 18-3320 - UNLAWFUL USE OF DESTRUCTIVE DEVICE OR BOMB.
Section 18-3320A - DISPOSAL OF DESTRUCTIVE DEVICES OR BOMBS.
Section 18-3321 - PERSONS EXEMPT.
Section 18-3322 - USE OF WEAPONS OF MASS DESTRUCTION — DEFINITION.
Section 18-3323 - BIOLOGICAL WEAPONS — DEFINITIONS.
Section 18-3324 - USE OF CHEMICAL WEAPONS — DEFINITIONS.
Section 18-3325 - PROHIBITION — POSSESSION — USE OF CONDUCTED ENERGY DEVICE — PENALTIES.