Idaho Prohibited Persons: Who Cannot Legally Own or Possess a Firearm
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Been seeing more questions lately at the counter about what actually disqualifies someone from owning a firearm in Idaho — and most of the confusion comes from people thinking Idaho's permissive laws mean they're in the clear. They're not always.
The article breaks down both the federal and state frameworks, and a couple of things stood out that every Idaho shooter should understand.
"Upon final discharge, a person convicted of any Idaho felony shall be restored the full rights of citizenship, except that for persons convicted of treason or those offenses enumerated in paragraphs (a) through (hh) of this subsection the right to ship, transport, possess or receive a firearm shall not be restored."
— Idaho Code § 18-310(2)That "automatic restoration" piece catches people off guard — in a good way and a bad way. Good because some felony convictions in Idaho do restore your rights without you having to do anything after final discharge. Bad because people assume they're covered when their specific conviction is on that enumerated list, and they're not.
"Possession under federal law includes both actual possession (the gun is on your person) and constructive possession (the gun is somewhere you have access to and control over — your car, your home, your workplace)."
This one matters for everyone at the range, not just prohibited persons. Think about the friend you let shoot your rifle, or the family member staying at your house. If a prohibited person has access to your safe and knows the combination, that's potentially constructive possession. Your guns, their felony charge.
"The trigger is the potential sentence, not what you actually received. If you were convicted of a crime that could have resulted in more than a year in prison — even if you got probation — you're a prohibited person under federal law."
Probation feels like getting off light, and in a lot of ways it is. But it doesn't move the needle on federal prohibited status. Someone who got two years probation for a wobbler offense and never saw a day inside can still be looking at a federal felony charge for picking up a .22 at a gun show. That gap between "I didn't go to prison" and "I'm still prohibited" is where people get caught.
The article also flags the Gutierrez case — an Idaho Supreme Court situation where someone thought their state rights were restored and the feds disagreed. It's cut off before the resolution, but the point stands: state clearance does not automatically mean federal clearance, and that gap has sent people to federal prison.
Question for the group: Have you ever had a conversation at the range or gun shop where someone was surprised to learn they might be prohibited — or that a rights restoration they thought was complete didn't cover them federally?
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