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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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