If the abuser has been convicted of a crime, can s/he keep or buy a gun?
According to Idaho state law, people convicted of various crimes cannot get a license to carry concealed weapons and will lose the right to possess a firearm.
Anyone who meets any of the following cannot get a license to carry concealed weapons:
- is currently formally charged with a felony crime;
- has been found guilty in any court of a felony crime;
- is a fugitive from justice;
- has received a withheld judgment or suspended sentence for a felony crime, unless the person has successfully completed probation;
- is currently on probation after having been adjudicated guilty of, or received a withheld judgment for, a misdemeanor offense that involves the intentional use, attempted use, or threatened use of physical force against the person or property of another; or
- is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify him/her from obtaining a concealed weapons license.1
In addition, Idaho law says that anyone convicted of any of the following felony crimes permanently loses his/her right to “ship, transport, possess or receive” a firearm: aggravated assault; aggravated battery; assault with intent to commit a serious felony; battery with intent to commit a serious felony; burglary; crime against nature; felony domestic battery; felony enticing of children; forcible sexual penetration by use of a foreign object; felony indecent exposure; felony injury to child; felony intimidating a witness; lewd conduct with a minor or child under sixteen; sexual abuse of a child under sixteen; sexual exploitation of a child; felonious rescuing prisoners; escape by one charged with, convicted of or on probation for a felony; unlawful possession of a firearm; degrees of murder; voluntary manslaughter; assault with intent to murder; administering poison with intent to kill; kidnapping; mayhem; rape; robbery; ritualized abuse of a child; cannibalism; felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance; trafficking; felony threats against state officials of the executive, legislative or judicial branch; unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home; unlawful possession of destructive devices; unlawful use of destructive device or bomb; or attempt, conspiracy, or solicitation, to commit any of the above-mentioned crimes.2
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, also restrict a person’s right to have a gun if s/he has been convicted of a felony or a domestic violence misdemeanor. Go to Federal Gun Laws to get more information.
1 ID Code § 18-3302(11)
2 ID Code § 18-310(2)