Idaho takes a firm stand on who may legally carry firearms, and a felony changes the answer fast. If you have ever asked, can a convicted felon own a gun, the short version under Idaho law is no, not without restoration. The longer version is more complicated. Idaho Code 18-310 and federal statutes each set their own rules on firearm rights. Below is a clear breakdown of how state or federal law treats firearm rights for a convicted felon, what crimes trigger lifetime bans, and how some felons can have firearm rights restored in Idaho.
In Idaho, anyone convicted of a felony loses the right to bear arms while serving a sentence. After successfully completing probation or parole, Idaho Code 18-310 automatically restores most civil rights, including firearm rights and the right to bear arms, for many felonies. Idaho Code 18-310(2) lists serious crimes that permanently bar a convicted felon from possessing firearms in Idaho, even after a final discharge. For those crimes, the only path back to gun rights is a gubernatorial pardon or another comparable procedure that specifically lifts the firearm bar.
Federal law adds another layer. Under 18 U.S.C. 922(g), anyone convicted of a crime punishable by more than one year cannot possess firearms anywhere in the United States, regardless of state law. Even when Idaho restores firearm rights, federal law may still bar firearms unless certain conditions are met.
Federal Law: 18 U.S.C. 922(g) and the Gun Control Act
Federal law starts with the Gun Control Act of 1968. Under 18 U.S.C. 922(g)(1), it is a federal crime for anyone convicted of a crime punishable by imprisonment for more than one year to possess firearms or ammunition. That covers nearly every Idaho felony, since each Idaho felony carries a possible prison term above one year.
Federal violations carry up to ten years in federal prison and a fine. A felon found with firearms can be charged in federal court even if state charges are never filed. The federal government enforces 18 U.S.C. 922(g) through the ATF, a federal agency that often partners with local government officers and the county sheriff on cases involving firearms and a convicted felon.
Federal rules also bar firearms for an unlawful user of a controlled or counterfeit substance under 18 U.S.C. 922(g)(3). They bar firearms for anyone with a misdemeanor crime of domestic violence under 18 U.S.C. 922(g)(9). They also bar firearms for anyone subject to certain protective orders involving an intimate partner. These rules apply to all states and overlap with Idaho law.
Idaho Law on Firearm Rights for a Convicted Felon
Idaho Code 18-3316 is the main statute on unlawful possession of a firearm by a convicted felon. Under Idaho Code 18-3316, anyone convicted of a felony who purchases, owns, or has under custody or control any firearm in Idaho commits another felony. The penalty for unlawful possession of firearms under Idaho Code 18-3316 is up to 5 years in state prison and a fine of up to $5,000.
Idaho Code 18-3316 covers operable and inoperable firearms. A felon does not avoid the statute by claiming the firearm was broken. The law applies the moment a felon has dominion or control of firearms, even on private property or inside a dwelling house.
Idaho Code 18-3302 governs concealed weapons licenses. Convicted felons are ineligible for concealed weapons licenses in Idaho. A county sheriff cannot issue a license to carry concealed to anyone whose firearm rights have not been restored under Idaho Code 18-310. That bar on concealed weapons applies in every county. Idaho also allows permitless open carry for adults 18 and older who are not prohibited persons, but a convicted felon does not qualify; the same rule that lets lawful gun owners carry firearms without a permit makes clear that a felon cannot rely on it.
Idaho Code 18-3317 prohibits unlawful discharge of firearms at an occupied building. Idaho Code 18-3320B sets sentencing enhancements for the intentional use of a deadly weapon during a felony. These statutes work alongside Idaho Code 18-3316 to define how Idaho treats firearms in the hands of a convicted felon.
Crimes That Permanently Strip Gun Rights in Idaho
Idaho Code 18-310(2) lists felony crimes that result in a permanent loss of gun rights, even after a final discharge. For these convictions, automatic restoration does not apply. The list under Idaho Code 18-310(2) includes:
- Aggravated assault and aggravated battery
- Voluntary manslaughter
- Assault with intent to commit a serious felony
- Forcible sexual penetration by use of a foreign object
- Sexual abuse of a child and sexual exploitation of a child
- Lewd conduct with a child and ritualized abuse of a child
- Felonious manufacture, delivery, or possession of a controlled or counterfeit substance with the attempted use or intentional use of firearms
- Felonious rescuing prisoners
- Administering poison with intent to kill
- Robbery, burglary of a dwelling house, and arson
- Any Idaho crime involving the attempted use, threatened use, or actual use of physical force or a destructive device against another person, including any other conduct that caused great bodily injury
Anyone convicted under any crime listed in Idaho Code 18-310(2) cannot have gun rights restored automatically. The only state remedy is a gubernatorial pardon or other comparable procedure that explicitly restores gun rights. First or second degree murder convictions, plus any other provision involving a firearm enhancement, are not eligible for restoration through the Commission of Pardons and Parole. These crimes are categorized as violent crimes or as a serious felony with bodily injury, the threatened use of a destructive device, or other serious harm. Idaho Code treats each one as a permanent disqualifier.
How Firearm Rights Are Restored in Idaho
Idaho Code provides several paths back to firearm rights, but each path has conditions. The right path depends on the particular situation, including the crime, where the felony conviction occurred, and whether the felony conviction is state or federal.
Under Idaho Code 18-310(1), a person convicted of a felony not listed in Idaho Code 18-310(2) may have civil rights restored automatically upon final discharge. That term means the satisfactory completion of imprisonment, probation, or parole. Civil rights restored include the right to vote, hold public office, serve on a jury, and bear arms. All court-ordered fines, fees, and restitution must be paid in full before discharge is considered complete. A withheld judgment that has been set aside under Idaho Code 19-2604 can also count toward firearm rights restoration in certain circumstances. A suspended sentence that has been revoked, or a probation that ended early because of violations, may not qualify. The Idaho Department of Correction issues the certificate that documents the date civil rights are restored.
For convictions listed in Idaho Code 18-310(2), restoration is not automatic. A person convicted of one of these serious crimes must petition the Idaho Commission of Pardons and Parole to restore firearm rights. The Commission cannot consider an application until at least five years after the date of release. It then reviews the criminal record, conduct since release, and any other conduct that bears on the request. Even after the five-year wait, certain crimes remain off the table. Idaho law prohibits restoration of firearm rights for anyone convicted of first or second degree murder or a disqualifying felony involving a firearm enhancement. For those crimes, a gubernatorial pardon from the Governor of Idaho is the only path to gun rights, and even a pardon may not lift the federal bar.
Idaho cannot restore firearm rights when a conviction occurred in another state or in a federal case. Those rights must be restored by the original jurisdiction. A gubernatorial pardon from another state may carry over to Idaho if the pardon specifically restores firearm privileges. State officials in Idaho generally honor pardons from other states when they are clear on their face, but the analysis is fact-specific.
Even when Idaho restores state firearm rights, federal law under 18 U.S.C. 922(g) may still bar firearms. The federal exception under 18 U.S.C. 921(a)(20) treats a state restoration as effective for federal purposes only if it fully restores the right to possess firearms without restriction. If the Idaho restoration order is silent on firearms or imposes any limit, the federal bar may continue to apply. A federal court can convict a felon for unlawful possession even if Idaho considers gun rights restored. This is a critical trap for anyone who assumes civil rights restored under state law solves every issue.
Background Checks and Penalties for Unlawful Possession
Federal rules require licensed dealers to run background checks through the National Instant Criminal Background Check System (NICS). NICS will flag a prior felony and block the sale. Background checks pull from federal and state databases, including Idaho criminal history records. A convicted felon who attempts to buy firearms by lying on ATF Form 4473 commits a separate federal offense punishable by years in federal prison.
Violating the felon-in-possession law under Idaho Code 18-3316 can result in up to 5 years in state prison and a fine of up to $5,000. Federal violations under 18 U.S.C. 922(g) can lead to ten years of imprisonment, with mandatory minimums under the Armed Career Criminal Act, 18 U.S.C. 924(e), for defendants with three or more prior convictions for violent crimes or serious drug offenses. State and federal prosecutors often coordinate on possession of a firearm cases involving a convicted felon. A single firearm found in a vehicle can support charges in either or both forums.
A misdemeanor crime of domestic violence also matters. Under federal rules, anyone convicted of a felony or misdemeanor tied to an intimate partner cannot possess firearms. Under Idaho Code 18-918, a domestic battery conviction can trigger the federal bar on firearms even if Idaho would otherwise allow possession of a firearm. Anyone with a domestic violence conviction or a restraining order tied to an intimate partner should review firearm rights with an attorney before touching firearms. The same caution applies to anyone treated as an unlawful user of a controlled substance, since drug use alone can defeat firearm rights. Members of the armed forces are not exempt; a felony follows a person regardless of military status, and the federal government does not carve out active-duty exceptions.
Frequently Asked Questions About Gun Rights for Felons
How long is a felon not allowed to own a gun?
Under federal rules, the bar on firearms lasts for life unless gun rights are restored. Under Idaho Code 18-310, automatic restoration happens at final discharge for many felonies, while crimes listed in Idaho Code 18-310(2) trigger a permanent ban subject to a five-year waiting period before petition.
What states allow felons firearms?
Some states allow restoration of gun rights after a waiting period; other states do not. State laws regarding firearms for felons can vary significantly, with some states allowing restoration of firearm rights under certain conditions. Even when state law allows restoration, federal rules may still bar firearms under 18 U.S.C. 922(g) unless the restoration meets federal standards.
Do pardoned felons get their gun rights back?
A gubernatorial pardon can restore firearm rights, especially when the pardon specifically restores firearm privileges. The federal government recognizes pardons that restore the right to possess firearms without limit. A pardon that omits firearms may not lift the federal bar.
Can a felon get his gun rights back in Idaho?
Yes, in many cases. A person convicted of a non-disqualifying Idaho felony may have firearm rights restored automatically at final discharge under Idaho Code 18-310. A felon convicted of a crime listed in Idaho Code 18-310(2) must petition the Idaho Commission of Pardons and Parole at least five years after final discharge. Restoration is not guaranteed, and certain murder convictions and crimes involving a firearm enhancement remain ineligible.
How John Malek Law Group Can Help
Whether you are facing an unlawful possession charge under Idaho Code 18-3316, a federal case under 18 U.S.C. 922(g), or trying to restore gun rights, John Malek Law Group fights for Idaho clients statewide. When you call, a trained intake specialist gathers your full case summary on the first call. That summary goes straight to a paralegal who begins working the file the same day. By the time your assigned attorney reviews the case, your defense is moving. Idaho Code on firearm rights shifts with each legislative session. Do not guess your way through restoration of gun rights or fight an unlawful possession charge alone. Call John Malek Law Group to start your defense today.
For personalized legal support tailored to your needs, consider contacting John Malek Law Group. Our team is deeply committed to providing individualized defense strategies and has a strong history of advocacy in Idaho Falls. Reach out at (208) 747-0053 to explore your options and take the next steps with assurance.