There always seems to be a debate in this country over gun laws. Idaho is no different. However, when it comes to convicted felons, the laws in Boise are very clear. You cannot carry a firearm or ammunition if you have been convicted of a felony in Idaho. In fact, the laws in Idaho even prohibit you from carrying a gun if you’ve been convicted of a misdemeanor domestic violence offense or have a restraining order issued against you.
A lot of our clients ask us if there’s any chance of having their right to carry a firearm restored. The answer is – maybe. It really depends on what kind of crime you were convicted of. It also depends on how your case was disposed of. For example, if your conviction was set aside or expunged, there’s a good chance you can get these rights back.
Having an experienced criminal defense attorney in Boise can increase your chances of having your rights restored. While they cannot change the law, they do know the process by which you can petition the courts to get your rights to carry a weapon restored. Here, our Boise criminal defense attorneys will talk about the general rules in Idaho when it comes to felons and the right to carry a firearm. If you have any other questions, it’s a good idea to call our office and talk to one of our expert associates.
Who is Prohibited from Carrying a Firearm in Boise, Idaho?
The law in Idaho is pretty clear when it comes to who can and cannot carry firearms. The basic premise behind these laws is that the legislature doesn’t want anyone who may be considered dangerous to carry a weapon. This includes the firearm itself and ammunition.
For the most part, if you’ve been convicted or plead guilty to any of the following crimes, you will not be able to carry a firearm:
- Domestic Violence
- Any crime that carries a sentence of at least one year in jail or prison
- Any serious felony
The following people are also prohibited from carrying a firearm in Idaho:
- Anyone who has been issued a restraining order for stalking, harassment or domestic violence
- Anyone who has been committed to a mental institution
- Anyone who has been declared mentally defective
- A fugitive from the law
- An illegal alien
There are special exceptions to this rule, but they are few and far between.
Can You Get Your Rights to Carry a Firearm Restored in Boise, Idaho?
It is safe to say that, if you’re convicted of any serious felony in Idaho, you will never be able to legally carry a firearm again. There are a few exceptions to this rule. For example, if your conviction is nullified, pardoned or expunged, you may be able to get your rights back. You must petition the court and ask for these rights to be restored.
You can also as the court to restore your rights as soon as you complete your probation or parole period. If you followed all the rules and completed your program, there is a chance you can get your rights back.
You Can Receive an Enhanced Penalty in Idaho if You Commit a Crime While Armed
One of the things Boise criminal defense lawyers face is a client who is charged with an aggravated crime. If you commit any felony or serious crime while armed, your penalties are going to be a lot worse. For example, if you’re charged with robbery and are found to have a firearm on you at the time of the crime, your penalty will be greater. On average, you will face an additional fifteen (15) years in prison under this enhanced penalty.
The crimes that are subject to the enhanced penalty include the following:
- Drug trafficking
- Robbery or burglary
- Murder or manslaughter
- Aggravated assault
- Aggravated battery
- Lewd conduct with a minor
Your Boise criminal defense lawyer will do what they can to get these penalties reduced. However, there is never a guarantee that this will happen.
Contact a Skilled Criminal Lawyer in Boise, Idaho Today
If you’ve been convicted of a felony or serious crime, you may not be able to carry a firearm again. If you’re wondering what your rights are, it’s a good idea to call and talk to an experienced criminal lawyer in Boise, Idaho. Call and talk to one of our skilled associates. They can let you know what your rights are. They can also explain how the process works to get your rights to carry a firearm restored.