2006 Legislation
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HOUSE BILL NO. 632 – Concealed weapon license, exmptn


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Bill Status

H0632................................by JUDICIARY, RULES AND ADMINISTRATION
CONCEALED WEAPONS - Amends existing law relating to concealed weapons to
exempt from license requirements detention deputies with certain
02/10    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
      Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
      Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Mr. Speaker
    Floor Sponsor - Nonini
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Jud
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sweet
    Title apvd - to House
03/15    To enrol
03/16    Rpt enrol - Sp signed
03/17    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 114
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 632
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section 18-3302, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        18-3302.  ISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS. (1) The sheriff
  9    of a county shall, within ninety (90) days after the filing of an  application
 10    by  any  person who is not disqualified from possessing or receiving a firearm
 11    under state or federal law, issue a license to the person to  carry  a  weapon
 12    concealed  on his person within this state for four (4) years from the date of
 13    issue. The citizen's constitutional right to bear arms shall not be denied  to
 14    him, unless he:
 15        (a)  Is  ineligible  to own, possess or receive a firearm under the provi-
 16        sions of state or federal law; or
 17        (b)  Is formally charged with a crime punishable  by  imprisonment  for  a
 18        term exceeding one (1) year; or
 19        (c)  Has  been  adjudicated  guilty  in any court of a crime punishable by
 20        imprisonment for a term exceeding one (1) year; or
 21        (d)  Is a fugitive from justice; or
 22        (e)  Is an unlawful user of, or addicted to, marijuana or any  depressant,
 23        stimulant,  or narcotic drug, or any other controlled substance as defined
 24        in 21 U.S.C. 802; or
 25        (f)  Is currently suffering or has been adjudicated as follows,  based  on
 26        substantial evidence:
 27             (i)   Lacking  mental  capacity  as  defined in section 18-210, Idaho
 28             Code; or
 29             (ii)  Mentally ill as defined in section 66-317, Idaho Code; or
 30             (iii) Gravely disabled as defined in section 66-317, Idaho Code; or
 31             (iv)  An incapacitated person  as  defined  in  section  15-5-101(a),
 32             Idaho Code; or
 33        (g)  Is  or  has  been discharged from the armed forces under dishonorable
 34        conditions; or
 35        (h)  Is or has been adjudicated guilty of or received a withheld  judgment
 36        or  suspended sentence for one (1) or more crimes of violence constituting
 37        a misdemeanor, unless three (3) years has  elapsed  since  disposition  or
 38        pardon  has occurred prior to the date on which the application is submit-
 39        ted; or
 40        (i)  Has had entry of a withheld judgment for  a  criminal  offense  which
 41        would disqualify him from obtaining a concealed weapon license; or
 42        (j)  Is an alien illegally in the United States; or
 43        (k)  Is  a  person  who  having  been  a citizen of the United States, has
  1        renounced his or her citizenship; or
  2        (l)  Is under twenty-one (21) years of age; or
  3        (m)  Is free on bond or personal recognizance  pending  trial,  appeal  or
  4        sentencing  for  a  crime which would disqualify him from obtaining a con-
  5        cealed weapon license; or
  6        (n)  Is subject to a protection order issued under chapter 63,  title  39,
  7        Idaho  Code, that restrains the person from harassing, stalking or threat-
  8        ening an intimate partner of the person or child of the  intimate  partner
  9        or  person,  or  engaging  in  other conduct  that would place an intimate
 10        partner in reasonable fear of bodily injury to the partner or child.
 11             The license application shall be in triplicate, in a form to be  pre-
 12        scribed by the director of the Idaho state police, and shall ask the name,
 13        address,  description and signature of the licensee, date of birth, social
 14        security number, military status, and the driver's license number or state
 15        identification card number of the licensee if used for  identification  in
 16        applying for the license. The application shall indicate that provision of
 17        the social security number is optional. The license application shall con-
 18        tain a warning substantially as follows:
 19        CAUTION:  Federal law and state law on the possession of weapons and fire-
 20        arms differ. If you are prohibited by federal law from possessing a weapon
 21        or a firearm, you may be prosecuted in federal court. A  state  permit  is
 22        not a defense to a federal prosecution.
 23             The  sheriff  shall  require  any person who is applying for original
 24        issuance of a license to submit his fingerprints in addition to the  other
 25        information  required  in this subsection.  Within five (5) days after the
 26        filing of an application, the sheriff shall forward  the  application  and
 27        fingerprints  to  the  Idaho state police for a records check of state and
 28        national  files.  The  Idaho  state  police  shall  conduct   a   national
 29        fingerprint-based  records  check  and  return  the results to the sheriff
 30        within seventy-five (75) days. The  sheriff  shall  not  issue  a  license
 31        before  receiving the results of the records check and must deny a license
 32        if the applicant is disqualified under any of the criteria listed in para-
 33        graphs (a) through (n) of subsection (1) of this section.
 34             The license will be in a form substantially similar to  that  of  the
 35        Idaho driver's license. It will bear the signature, name, address, date of
 36        birth,  picture  of the licensee, expiration date and the driver's license
 37        number or state identification card number of the  licensee  if  used  for
 38        identification  in  applying for the license. Upon issuing a license under
 39        the provisions of this section, the sheriff will notify  the  Idaho  state
 40        police  on  a form or in a manner prescribed by the state police. Informa-
 41        tion relating to an applicant or licensee received or maintained  pursuant
 42        to  this  section by the sheriff or Idaho state police is confidential and
 43        exempt from disclosure under section 9-338, Idaho Code.
 44        (2)  The fee for original issuance of a four (4)  year  license  shall  be
 45    twenty  dollars  ($20.00) paid to the sheriff for the purpose of enforcing the
 46    provisions of this chapter. The sheriff may collect any additional fees neces-
 47    sary to cover the cost of processing fingerprints  lawfully  required  by  any
 48    state  or  federal  agency  or  department,  and the cost of materials for the
 49    license lawfully required by any state agency or department, which costs shall
 50    be paid to the state.
 51        (3)  The fee for renewal of the license shall be twelve dollars  ($12.00).
 52    The  sheriff may collect any additional fees necessary to cover the processing
 53    costs lawfully required by any state or federal agency or department, and  the
 54    cost  of  materials  for  the license lawfully required by any state agency or
 55    department, which costs shall be paid to the state. If a licensee applying for
  1    renewal has not previously been required to submit fingerprints,  the  sheriff
  2    shall require the licensee to do so and may collect any additional fees neces-
  3    sary  to  cover  the  cost of processing fingerprints lawfully required by any
  4    state or federal agency or department.
  5        (4)  A licensee may renew a license if the licensee applies for renewal at
  6    any time before or within ninety (90) days after the expiration  date  of  the
  7    license.  The  sheriff shall require the licensee applying for renewal to com-
  8    plete an application. The sheriff shall submit the application  to  the  Idaho
  9    state  police  for  a records check of state and national databases. The Idaho
 10    state police shall conduct the records check and return  the  results  to  the
 11    sheriff  within thirty (30) days. The sheriff shall not issue a renewal before
 12    receiving the results of the records  check and must deny  a  license  if  the
 13    applicant  is disqualified under any of the criteria listed in subsection (1),
 14    paragraphs (a) through (n) of this section. A renewal license shall  be  valid
 15    for  a period of four (4) years. A license so renewed shall take effect on the
 16    expiration date of the prior license. A licensee renewing after the expiration
 17    date of the license shall pay a late renewal penalty of ten  dollars  ($10.00)
 18    in  addition  to the renewal fee. The fee shall be paid to the sheriff for the
 19    purpose of enforcing the provisions of this chapter.
 20        (5)  Notwithstanding the requirements of this section, the sheriff of  the
 21    county  of  the  applicant's residence may issue a temporary emergency license
 22    for good cause pending review under subsection (1) of this section.
 23        (6)  A city, county or other political subdivision of this state shall not
 24    modify the requirements of this section, nor may a political  subdivision  ask
 25    the  applicant to voluntarily submit any information not required in this sec-
 26    tion. A civil action may be brought to enjoin a wrongful refusal  to  issue  a
 27    license  or  a  wrongful modification of the requirements of this section. The
 28    civil action may be brought in the county in which the application was made or
 29    in Ada county at the discretion of the petitioner.  Any  person  who  prevails
 30    against a public agency in any action in the courts for a violation of subsec-
 31    tions  (1) through (5) of this section, shall be awarded costs, including rea-
 32    sonable attorney's fees incurred in connection with the legal action.
 33        (7)  Except in the person's place of abode or fixed place of  business,  a
 34    person  shall  not  carry a concealed weapon without a license to carry a con-
 35    cealed weapon. For the purposes of this section, a concealed weapon means  any
 36    dirk,  dirk  knife, bowie knife, dagger, pistol, revolver, or any other deadly
 37    or dangerous weapon. The provisions of this section shall  not  apply  to  any
 38    lawfully possessed shotgun or rifle.
 39        (8)  A  county  sheriff,  deputy  sheriff, or county employee who issues a
 40    license to carry a concealed weapon under this section  shall  not  incur  any
 41    civil  or  criminal  liability  as the result of the performance of his duties
 42    under this section.
 43        (9)  While in any motor vehicle, inside the limits or confines of any city
 44    or inside any mining, lumbering, logging or railroad camp a person  shall  not
 45    carry  a  concealed weapon on or about his person without a license to carry a
 46    concealed weapon. This shall not apply to any pistol or  revolver  located  in
 47    plain  view  whether  it  is  loaded  or  unloaded. A firearm may be concealed
 48    legally in a motor vehicle so long as the weapon is disassembled or unloaded.
 49        (10) In implementing the provisions of this  section,  the  sheriff  shall
 50    make  applications  readily available at the office of the sheriff or at other
 51    public offices in his jurisdiction.
 52        (11) The sheriff of a county may issue a  license  to  carry  a  concealed
 53    weapon  to  those individuals between the ages of eighteen (18) and twenty-one
 54    (21) years who in the judgment of the sheriff warrants  the  issuance  of  the
 55    license to carry a concealed weapon. Such issuance shall be subject to limita-
  1    tions  which the issuing authority deems appropriate. Licenses issued to indi-
  2    viduals between the ages of eighteen (18) and twenty-one (21) years  shall  be
  3    easily distinguishable from regular licenses.
  4        (12) The requirement to secure a license to carry a concealed weapon under
  5    this section shall not apply to the following persons:
  6        (a)  Officials of a county, city, state of Idaho, the United States, peace
  7        officers, guards of any jail, court appointed attendants or any officer of
  8        any express company on duty;
  9        (b)  Employees  of the adjutant general and military division of the state
 10        where military membership is a condition of employment when on duty;
 11        (c)  Criminal investigators of the  attorney  general's  office,  criminal
 12        investigators    of a prosecuting attorney's office, prosecutors and their
 13        deputies;
 14        (d)  Any person outside the limits of or confines of any city, or  outside
 15        any mining, lumbering, logging or railroad camp, located outside any city,
 16        while engaged in lawful hunting, fishing, trapping or other lawful outdoor
 17        activity;
 18        (e)  Any publicly elected Idaho official;
 19        (f)  Retired  peace  officers or detention deputies with at least ten (10)
 20        years of service with the state or a  political  subdivision  as  a  peace
 21        officer or detention deputy and who have been certified by the peace offi-
 22        cer standards and training council;
 23        (g)  Any  person who has a valid permit from a state or local law enforce-
 24        ment agency or court authorizing him to carry a concealed weapon. A permit
 25        issued in another state will only be considered valid if the permit is  in
 26        the licensee's physical possession.
 27        (13) When  issuing  a  license  pursuant  to this section, the sheriff may
 28    require the applicant to demonstrate familiarity with a firearm by any of  the
 29    following, provided the applicant may select which one:
 30        (a)  Completion  of  any hunter education or hunter safety course approved
 31        by the department of fish and game or a similar agency of  another  state;
 32        or
 33        (b)  Completion  of  any  national  rifle  association  firearms safety or
 34        training course,  or  any  national  rifle  association  hunter  education
 35        course; or
 36        (c)  Completion  of any firearms safety or training course or class avail-
 37        able to the general public offered by a law enforcement agency,  community
 38        college,  college, university, or private or public institution or organi-
 39        zation or firearms training school, utilizing instructors certified by the
 40        national rifle association or the Idaho state police; or
 41        (d)  Completion of any law enforcement firearms safety or training  course
 42        or  class offered for security guards, investigators, special deputies, or
 43        any division or subdivision  of  a  law  enforcement  agency  or  security
 44        enforcement agency; or
 45        (e)  Presents  evidence  or  equivalent  experience with a firearm through
 46        participation in organized shooting competition or military service; or
 47        (f)  Is licensed or has been licensed to carry a firearm in this state  or
 48        a  county  or municipality, unless the license has been revoked for cause;
 49        or
 50        (g)  Completion of any firearms training or training or safety  course  or
 51        class  conducted by a state certified or national rifle association certi-
 52        fied firearms instructor.
 53        (14) A person carrying a concealed weapon in violation of  the  provisions
 54    of this section shall be guilty of a misdemeanor.
 55        (15) The sheriff of the county where the license was issued or the sheriff
  1    of  the  county  where  the  person  resides  shall have the power to revoke a
  2    license subsequent to a hearing in accordance with the provisions  of  chapter
  3    52, title 67, Idaho Code, for any of the following reasons:
  4        (a)  Fraud or intentional misrepresentation in the obtaining of a license;
  5        or
  6        (b)  Misuse of a license, including lending or giving a license to another
  7        person,  or  duplicating  a license, or using a license with the intent to
  8        unlawfully cause harm to a person or property; or
  9        (c)  The doing of an act or existence of a condition which would have been
 10        grounds for the denial of the license by the sheriff; or
 11        (d)  The violation of any of the terms of this section; or
 12        (e)  The applicant is adjudicated guilty of or receives a  withheld  judg-
 13        ment  for a crime which would have disqualified him from initially receiv-
 14        ing a license.
 15        (16) A  person  twenty-one  (21) years of age or older issued a license to
 16    carry a concealed weapon or a license renewal on or after  July  1,  1995,  is
 17    exempt from any requirement to undergo a records check at the time of purchase
 18    or transfer of a firearm from a federally licensed firearms dealer. However, a
 19    temporary  emergency license issued under subsection (5) of this section shall
 20    not exempt the holder of the license from any records check requirement.  Tem-
 21    porary  emergency  licenses  shall  be  easily  distinguishable  from  regular
 22    licenses.
 23        (17) The attorney general is authorized to negotiate reciprocal agreements
 24    with  other  states  related to the recognition of licenses to carry concealed
 25    weapons. The Idaho state police shall keep a copy and maintain a record of all
 26    such agreements, which shall be made available to the public.
 27        (18) The provisions of this section are hereby declared  to  be  severable
 28    and  if  any provision of this section or the application of such provision to
 29    any person or circumstance is declared invalid for any reason,  such  declara-
 30    tion shall not affect the validity of remaining portions of this section.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 15981

This amendment is a housekeeping issue that is necessary since
the certification for detention deputies became mandatory and
separate from that of peace officers.  Detention deputies see
many more criminals for longer periods of time and have much more
interaction with them than peace officers.  Retired detention
deputies are more likely to be recognized by a person who was
once in their custody and therefore the need for their personal
protection.  Detention deputies are certified by the Peace
Officer Standards and Training Academy.  This amendment has been
endorsed by the Idaho Jail Commanders and the Idaho Sheriff's

                           FISCAL NOTE

There is no fiscal impact to the general fund.

Name: Representative Nonini 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 632