View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1120................................................by JUDICIARY AND RULES
CONCEALED WEAPONS - Adds to existing law to set forth provisions for the
issuance of a license to carry concealed firearms to qualified retired law
enforcement officers.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Cameron, Coiner,
Compton, Corder, Darrington, Davis, Geddes, Goedde, Hill, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett,
Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Broadsword, Burkett, Gannon
Floor Sponsor - Richardson
Title apvd - to House
02/25 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth, Eskridge,
Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Mr.
Speaker
NAYS -- None
Absent and excused -- Edmunson, Field(18), Snodgrass, Wood
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/17 To enrol
03/18 Rpt enrol - Pres signed
03/21 Sp signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 128
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1120
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CONCEALED FIREARMS; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 18-3302H, IDAHO CODE, TO SET FORTH PROVI-
4 SIONS FOR THE ISSUANCE OF A LICENSE TO CARRY CONCEALED FIREARMS TO QUALI-
5 FIED RETIRED LAW ENFORCEMENT OFFICERS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 33, Title 18, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 18-3302H, Idaho Code, and to read as follows:
10 18-3302H. CARRYING OF CONCEALED FIREARMS BY QUALIFIED RETIRED LAW
11 ENFORCEMENT OFFICERS. (1) A county sheriff shall issue a license to carry a
12 concealed firearm to a qualified retired law enforcement officer provided that
13 the provisions of this section are met.
14 (2) As used in this section:
15 (a) "Firearm" means a handgun and does not include:
16 (i) Any machine gun, as defined in 26 U.S.C. section 5845(b);
17 (ii) Any firearm silencer, as defined in 18 U.S.C. section 921; or
18 (iii) Any destructive device, as defined in 18 U.S.C. section 921.
19 (b) "Qualified retired law enforcement officer" means an individual who:
20 (i) Retired in good standing from service with a public agency as
21 a law enforcement officer, provided that such retirement was for rea-
22 sons other than mental instability;
23 (ii) Before such retirement, was authorized by law to engage in or
24 supervise the prevention, detection, investigation or prosecution of,
25 or the incarceration of any person for, any violation of law, and had
26 statutory powers of arrest;
27 (iii) Before such retirement, was regularly employed as a law
28 enforcement officer for an aggregate of fifteen (15) years or more,
29 or retired from service with such agency after completing any appli-
30 cable probationary period of such service, due to a service-connected
31 disability, as determined by such agency;
32 (iv) Has a nonforfeitable right to benefits under the retirement
33 plan of the agency;
34 (v) During the most recent twelve (12) month period has met, at
35 his own expense, the standards for training and qualification of this
36 state, as required at the discretion of the sheriff under paragraph
37 (d) of this subsection or the agency from which he retired for active
38 law enforcement officers, to carry a concealed firearm;
39 (vi) Is not chronically under the influence of alcohol, or under
40 the influence of another intoxicating or hallucinatory drug or sub-
41 stance in violation of any provision of federal or state law;
42 (vii) Is not prohibited by federal law from receiving a firearm;
43 (viii) Has a current and valid photographic identification issued by
2
1 the agency from which the individual retired from service as a law
2 enforcement officer;
3 (ix) Provides by his affidavit, in triplicate, sworn and signed by
4 him under penalty of perjury, that he meets all of the conditions set
5 forth in this subsection (2);
6 (x) Pays the fees charged by the sheriff pursuant to this section;
7 and
8 (xi) Completes the original application or renewal application as
9 provided by this section.
10 (c) "Retired in good standing" means that at the time of his retirement,
11 he was not under investigation, or subject to discipline, for any viola-
12 tion of this state's law enforcement code of conduct.
13 (d) "Standards for training and qualification in this state" means that
14 when issuing a license pursuant to this section, the sheriff may require
15 the applicant to demonstrate familiarity with a firearm by any of the fol-
16 lowing methods, provided the sheriff may require an applicant to complete
17 more than one (1) firearms safety or training course:
18 (i) Completion of any hunter education or hunter safety course
19 approved by the department of fish and game or a similar agency of
20 another state;
21 (ii) Completion of any national rifle association firearms safety or
22 training course, or any national rifle association hunter education
23 course;
24 (iii) Completion of any firearms safety or training course or class
25 available to the general public offered by a law enforcement agency,
26 community college, college, university, or private or public institu-
27 tion or organization or firearms training school, utilizing instruc-
28 tors certified by the national rifle association or the Idaho state
29 police;
30 (iv) Completion of any law enforcement firearms safety or training
31 course or class offered for security guards, investigators, special
32 deputies, or any division or subdivision of a law enforcement agency
33 or security enforcement agency;
34 (v) Presentation of evidence of equivalent experience with a fire-
35 arm through participation in organized shooting competitions or mili-
36 tary service;
37 (vi) Completion of any firearms training or training or safety
38 course or class conducted by a state certified or national rifle
39 association certified firearms instructor; or
40 (vii) Any other firearms safety training that the sheriff may deem
41 appropriate.
42 (3) The original and renewal license applications under this section
43 shall be in triplicate, in a form to be prescribed by the director of the
44 Idaho state police, and shall ask the name, address, description and signature
45 of the licensee, date of birth, social security number, military status, iden-
46 tification of the law enforcement agency from which the applicant retired, and
47 the driver's license number or state identification card number of the licen-
48 see if used for identification in applying for the license. The application
49 shall indicate that provision of the social security number is optional. In
50 implementing the provisions of this section, the sheriff shall make applica-
51 tions readily available at the office of the sheriff or at other public offi-
52 ces in his jurisdiction.
53 (4) The fee for original issuance of a license under this section shall
54 be twenty dollars ($20.00), paid to the sheriff. The sheriff may also collect
55 any additional fees necessary to cover the cost of processing and the cost of
3
1 materials for the license, which shall also be paid to the sheriff.
2 (5) An original or renewed license issued pursuant to this section shall
3 be in a form substantially similar to that of the Idaho driver's license and
4 shall be valid for a period of one (1) year. The license shall bear the signa-
5 ture, name, address, date of birth, picture of the licensee, expiration date,
6 and the driver's license number or state identification card number of the
7 licensee if used for identification in applying for the license, and shall
8 state that the licensee is a qualified retired law enforcement officer. Upon
9 issuing a license under the provisions of this section, the sheriff shall
10 notify the Idaho state police on a form or in a manner prescribed by the
11 director of the Idaho state police.
12 (6) A qualified retired law enforcement licensee under this section may
13 renew his license if he applies for renewal at any time before or within
14 ninety (90) days after the expiration date of the license. The sheriff shall
15 require the licensee applying for renewal to complete a renewal application
16 pursuant to subsection (3) of this section and an affidavit pursuant to sub-
17 section (2) of this section. A renewed license shall take effect upon the
18 expiration date of the prior license.
19 (7) The fee for renewal of the license, which must be paid on a yearly
20 basis, shall be twelve dollars ($12.00), paid to the sheriff. The sheriff may
21 also collect any additional fees necessary to cover the processing costs and
22 the cost of materials for the license, which shall also be paid to the sher-
23 iff. A licensee renewing after the expiration date of the license shall pay a
24 late renewal penalty of ten dollars ($10.00) in addition to the renewal fee.
25 The renewal penalty fee, if any, shall be paid to the sheriff.
26 (8) A current and valid photographic identification issued by the agency
27 from which the individual retired from service as a law enforcement officer,
28 together with a license issued by the sheriff pursuant to this section, shall
29 serve as a license to carry a firearm for a qualified retired law enforcement
30 officer under 18 U.S.C. section 926C.
31 (9) The sheriff of the county where the license was issued or the sheriff
32 of the county where the person resides shall have the power to revoke a
33 license issued under this section pursuant to the provisions of section
34 18-3302(15), Idaho Code.
35 (10) A county sheriff, deputy sheriff, or county employee who issues a
36 license to carry a concealed weapon pursuant to this section shall not incur
37 any civil or criminal liability as the result of the performance of his duties
38 under this section.
39 (11) A city, county or other political subdivision of this state shall not
40 modify the requirements of this section, nor shall a political subdivision ask
41 the applicant to voluntarily submit any information not required by this sec-
42 tion.
43 (12) A civil action may be brought to enjoin a wrongful refusal to issue a
44 license or a wrongful modification of the requirements of this section. The
45 civil action shall be brought in the county in which the application was made.
46 (13) In lieu of or in addition to qualification to carry a concealed fire-
47 arm under this section, a retired law enforcement officer may apply for a
48 license to carry concealed weapons under section 18-3302, Idaho Code.
STATEMENT OF PURPOSE
RS 14848
This bill is designed to set up a mechanism wherein retired
peace officers may qualify for a concealed firearms permit. It
tracks federal law on concealed weapons permits. The result of
this bill is to allow for Idaho sheriffs to issue permits to
retired law enforcement officers that will permit them to carry
concealed weapons anywhere in the country in accordance with
federal law. It also provides a mechanism for sheriffs to revoke
the permit where appropriate and sets up a mechanism for persons
who are denied the permit to appeal.
FISCAL IMPACT
There is no fiscal impact to the general fund.
CONTACT
Name: Michael J. Kane
Idaho Sheriffs Association
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE S 1120