Print Friendly SENATE BILL NO. 1284 – Felons, firearms, unlawful
SENATE BILL NO. 1284
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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
|||| 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
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.
This bill will not have an impact on state or local funds.
Administrative Director of the Courts
Idaho Supreme Court
Statement of Purpose/Fiscal Note S 1284