2005 Legislation
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SENATE BILL NO. 1120 – Weapons, concealed, license


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Bill Status

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.
      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

Bill Text

  ]]]]              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
  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:
 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
  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
  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 / Fiscal Impact

                       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.

Name: Michael J. Kane
Idaho Sheriffs Association
Phone: 342-4545

STATEMENT OF PURPOSE/FISCAL NOTE                    S 1120