2002 Legislation
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SENATE BILL NO. 1284 – Felons, firearms, unlawful

SENATE BILL NO. 1284

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Daily Data Tracking History



S1284................................................by JUDICIARY AND RULES
FELONS - FIREARMS - Amends existing law to clarify that it is unlawful for
a person who has been convicted of a felony to purchase, own, possess or
have under his custody or control, a firearm.
                                                                        
01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Jud
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/29    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill,
      Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh,
      Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett,
      Thorne(Thorne), Wheeler, Williams
      NAYS -- None
      Absent and excused -- Brandt, Cameron, Hawkins, Sims
    Floor Sponsor - Lodge
    Title apvd - to House
01/30    House intro - 1st rdg - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 63-4-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle,
      Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman,
      Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Young
      NAYS -- Kendell, McKague, Schaefer, Wood
      Absent and excused -- Crow, Pischner, Mr. Speaker
    Floor Sponsor - Pearce
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/21    Governor signed
         Session Law Chapter 187
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1284
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE UNLAWFUL POSSESSION OF  FIREARMS;  AMENDING  SECTION  18-3316,
  3        IDAHO  CODE, TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON WHO HAS BEEN CON-
  4        VICTED OF A FELONY TO PURCHASE, OWN, POSSESS, OR HAVE UNDER HIS CUSTODY OR
  5        CONTROL A FIREARM.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 18-3316, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        18-3316.  UNLAWFUL  POSSESSION  OF  A FIREARM. (1) A person who previously
 10    has been convicted of a felony who purchases, owns, possesses,  or  has  under
 11    his  custody  or  control any firearm shall be guilty of a felony and shall be
 12    imprisoned in the state prison for a period of time not  to  exceed  five  (5)
 13    years and by a fine not to exceed five thousand dollars ($5,000).
 14        (2)  For  the  purpose  of subsection (1) of this section, "convicted of a
 15    felony" shall include a  person  who  has  entered  a  plea  of  guilty,  nolo
 16    contendere or has been found guilty of any of the crimes enumerated in section
 17    18-310,  Idaho  Code, or to a comparable felony crime in another state, terri-
 18    tory, commonwealth, or other jurisdiction of the United States.
 19        (3)  For the purpose of subsection (1) of this  section,  "firearm"  shall
 20    include  any  weapon from which a shot, projectile or other object may be dis-
 21    charged by force  of  combustion,  explosive,  gas  and/or  mechanical  means,
 22    whether operable or inoperable.
 23        (4)  Subsection (1) of this section shall not apply to a person whose con-
 24    viction  has  been nullified by expungement, pardon, setting aside the convic-
 25    tion or other comparable procedure by the jurisdiction where the  felony  con-
 26    viction  occurred; or whose civil right to bear arms either specifically or in
 27    combination with other civil rights has been restored by any  other  provision
 28    of Idaho law.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE
                               RS11523
                                 
This bill is one of a series of bills that the Supreme Court has 
recommended in its annual report to the Governor concerning defects 
or omissions in the laws, as required under article V, section 25 of 
the Idaho Constitution.
  
This bill amends section 18-3316(1), Idaho Code, relating to the 
unlawful possession of a firearm by a person convicted of a felony 
to clarify that it is unlawful if the felon either purchases, owns, 
possesses, or has a firearm under his custody or control.  
  
The intent of section 18-3316 is to prohibit any of the above-listed 
acts independent of each other, but it fails to include the word "or" 
after the word "possesses" to clearly convey this meaning in a 
grammatically correct manner.  This bill makes this correction so 
that it is clear that a previously convicted felon may not purchase 
a firearm, own a firearm, possess a firearm, or have a firearm in 
his custody or under his control, absent a nullification of his 
conviction or a restoration of his civil right to bear arms.


                              FISCAL NOTE

  This bill will not have an impact on state or local funds.



Contact Person:
Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court
(208) 334-2246

Statement of Purpose/Fiscal Note        S 1284