How to restore your gun rights in Idaho

As a follow-up to How to Not Lose Your Gun Rights in Idaho, I will now describe the four methods you can potentially utilize to get your gun rights back after being convicted of a felony or a misdemeanor crime of domestic violence.

First, many felons see their firearms rights restored upon final discharge from probation, parole, or prison.

This is thanks to the automatic restoration of rights provided by statute in Idaho Code § 18-310.

Many white-collar criminals and thieves, as well as people with driving under the influence felonies, benefit from this code section and can thank the Idaho Legislature for this automatic restoration of rights.

But if you are a felon whose rights were not automatically restored upon final discharge, or if you were convicted of a misdemeanor crime of domestic violence, your next option is to seek restoration of your firearms rights from the judge assigned your case via Idaho Code § 19-2604(1).

To qualify for an order of dismissal under this statute, the defendant must, absent a couple of rare exceptions, have been placed on probation and not have been found guilty of violating said probation.

If you have gone to prison, even if only on a Rider, you do not qualify for restoration of your firearms rights via a full dismissal under Idaho Code § 19-2604(1).

Generally speaking, the only contested element in a hearing on a motion made pursuant to this statute is whether there is “good cause” to grant relief. Good cause may be that having a felony on your record is interfering with your ability to get a job or to find suitable housing, but it could also be that you desire to take your teenage son hunting.

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Finally, if you are not eligible for automatic restoration of your firearms rights and your judge cannot or will not restore your rights, your last option is to ask the Idaho Commission of Pardons and Parole to restore your rights.

However, a felon must wait at least five years after they complete probation or parole, or complete their prison sentence if that is how things play out, before submitting an application to restore firearms rights to the Commission.

That said, there is technically another way to seek relief via the executive branch—apply for a gubernatorial pardon.

Now, if you receive an order of dismissal from a judge or a pardon from the governor,
that may not be enough to be able to purchase a firearm from a gun store. A federal firearms licensee (FFL) must run any potential purchaser through the National Instant Criminal Background Check System (NICS) before selling that person a firearm. The Federal Bureau of Investigation (FBI) maintains this system, so if your rights have been restored but your NICS check indicates you are a prohibited person, you may need to submit what is called a Voluntary

Appeal File (VAF) to the FBI. It will expedite the process to have the NICS Transaction Number (NTN) from the FFL; this number is assigned to the Form 4473 submission the FFL submits.

This article should not be construed as providing legal advice as to any particular person.

If you have been convicted of a crime, please consult with an attorney and inquire about how to restore your gun rights.

Adam J. Ondo is a trial attorney for the Idaho State Public Defender’s Office. Before that, he worked in private practice, with a focus on family law and criminal law. He is also an avid hunter and participant in multiple shooting sports.

This column provides general information and is not to be considered legal advice. Readers with specific legal questions should consult an attorney. The Idaho State Bar Association provides a lawyer referral service, through their website at https://isb.idaho.gov/.