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EspañolThe abuser was convicted of a felony. Is it illegal for him/her to have a gun in Idaho?
Idaho law says that people convicted of any of these felony crimes permanently lose their right to have a gun:
- aggravated assault;
- aggravated battery;
- assault with intent to commit a serious felony;
- battery with intent to commit a serious felony;
- burglary;
- 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 branches;
- 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 crimes mentioned.1
1 ID Code § 18-310(2)
How can I find out if the abuser has been convicted of a crime?
If you know which courthouse the abuser’s case was in, you can go there and ask the clerk to access the conviction records.
Misdemeanor and felony records are usually open to the public. However, they are not always easy to access.
Some criminal records are also kept in the government’s national background check system. Federal laws forbid anyone who was convicted of a felony or a domestic violence misdemeanor from having a gun. So, the government keeps records of these crimes in the National Instant Criminal Background Check System (NICS). However, only law enforcement and licensed gun sellers can search the NICS. Your local police department may be willing to search the NICS for you if you ask, but they don’t have to.
To read more about the NICS and background checks for gun buyers, see What will happen if the abuser tries to purchase a gun?
If the abuser was convicted of a crime, is it illegal to have a gun?
Whether the abuser can legally have a gun depends on:
- which crime s/he was convicted of; and
- which state and federal laws apply.
Under Idaho law, people convicted of some felony crimes permanently lose their right to have all types of guns.1 To see which felonies are included, go to The abuser was convicted of a felony. Can s/he have a gun in Idaho?
Also, certain criminal convictions can affect someone’s right to carry a concealed weapon. People are disqualified from getting a concealed weapons license in Idaho if they:
- were convicted of any felony; or
- are currently on probation after being convicted of a misdemeanor that involved the intentional use of physical force, or the attempted or threatened use of physical force, against another person or his/her property.2
Also, there are other reasons someone might be forbidden from carrying a concealed weapon. To see these reasons, go to Is it illegal for the abuser to carry a concealed weapon in Idaho?
Federal gun laws apply to all states and territories. In addition, under federal law, people convicted of a felony or a domestic violence misdemeanor cannot legally have guns. However, there are certain exceptions to this. To learn more, see our page on Federal Gun Laws.
1 ID Code § 18-3302(11)
2 ID Code § 18-310(2)
What is the punishment for breaking state and federal gun laws?
Someone who carries a concealed weapon when it’s against Idaho law commits a misdemeanor. The person can be punished by jail time of up to six months, a fine of up to $1,000, or both.1
Someone who has or buys a gun after being convicted of one of 34 felony crimes listed in Idaho law commits another felony. The person can be punished by imprisonment of up to five years in state prison, a fine of up to $5,000, or both.2
Someone who breaks the federal gun laws can be punished by a fine, jail time for up to ten years, or both.3
1 ID Code §§ 18-3302(14); 18-113
2 ID Code § 18-3316(1)
3 18 USC § 924(a)(2)
