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S1402................................................by JUDICIARY AND RULES
CONCEALED WEAPONS - Amends existing law to revise provisions applicable to
the issuance of a license to carry concealed weapons.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1402
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CONCEALED WEAPONS; AMENDING CHAPTER 33, TITLE 18, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 18-3301A, IDAHO CODE, TO PROVIDE A PENALTY
4 FOR THE UNPERMITTED CARRYING OF A CONCEALED DEADLY WEAPON IN CERTAIN CIR-
5 CUMSTANCES; AMENDING SECTION 18-3302, IDAHO CODE, TO REVISE PROVISIONS
6 APPLICABLE TO THE ISSUANCE OF A LICENSE TO CARRY CONCEALED WEAPONS AND TO
7 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 18-3302H, IDAHO CODE, TO
8 REVISE A CODE REFERENCE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 33, Title 18, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 18-3301A, Idaho Code, and to read as follows:
13 18-3301A. DEADLY WEAPON -- CONCEALED CARRY. (1) Any person who has not
14 been issued a valid permit to carry a concealed weapon and who knowingly pos-
15 sesses a deadly weapon that is concealed on the person and, when approached
16 and addressed by a peace officer, fails to immediately inform the peace offi-
17 cer of that possession, fails to allow the peace officer to secure the deadly
18 weapon or fails to secure the deadly weapon at the direction of the peace
19 officer during the duration of the contact, is guilty of a misdemeanor.
20 (2) Notwithstanding any other provision of law, as used in this section:
21 (a) "Deadly weapon" means any dirk, dirk knife, bowie knife, dagger, pis-
22 tol, revolver, or any other deadly or dangerous weapon, provided however,
23 the provisions of this section shall not apply to an ordinary pocket knife
24 nor any lawfully possessed shotgun or rifle; and
25 (b) "Peace officer" is as defined in section 19-5101(d), Idaho Code.
26 SECTION 2. That Section 18-3302, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 18-3302. ISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS. (1) The sheriff
29 of a county, on behalf of the state of Idaho, shall, within ninety (90) days
30 after the filing of an application by any person who is not disqualified from
31 possessing or receiving a firearm under state or federal law, issue a license
32 to the person to carry a weapon concealed on his person within this state. For
33 licenses issued before July 1, 2006, a license shall be valid for four (4)
34 years from the date of issue. For licenses issued on or after July 1, 2006, a
35 license shall be valid for five (5) years from the date of issue. The
36 citizen's constitutional right to bear arms shall not be denied to him, unless
37 he:
38 (a) Is ineligible to own, possess or receive a firearm under the provi-
39 sions of state or federal law; or
40 (b) Is formally charged with a crime punishable by imprisonment for a
41 term exceeding one (1) year; or
2
1 (c) Has been adjudicated guilty in any court of a crime punishable by
2 imprisonment for a term exceeding one (1) year; or
3 (d) Is a fugitive from justice; or
4 (e) Is an unlawful user of, or addicted to, marijuana or any depressant,
5 stimulant, or narcotic drug, or any other controlled substance as defined
6 in 21 U.S.C. 802; or
7 (f) Is currently suffering or has been adjudicated as follows, based on
8 substantial evidence:
9 (i) Lacking mental capacity as defined in section 18-210, Idaho
10 Code; or
11 (ii) Mentally ill as defined in section 66-317, Idaho Code; or
12 (iii) Gravely disabled as defined in section 66-317, Idaho Code; or
13 (iv) An incapacitated person as defined in section 15-5-101(a),
14 Idaho Code; or
15 (g) Is or has been discharged from the armed forces under dishonorable
16 conditions; or
17 (h) Is or has been adjudicated guilty of or received a withheld judgment
18 or suspended sentence for one (1) or more crimes of violence constituting
19 a misdemeanor, unless three (3) years has elapsed since disposition or
20 pardon has occurred prior to the date on which the application is submit-
21 ted; or
22 (i) Has had entry of a withheld judgment for a criminal offense which
23 would disqualify him from obtaining a concealed weapon license; or
24 (j) Is an alien illegally in the United States; or
25 (k) Is a person who having been a citizen of the United States, has
26 renounced his or her citizenship; or
27 (l) Is under twenty-one (21) years of age; or
28 (m) Is free on bond or personal recognizance pending trial, appeal or
29 sentencing for a crime which would disqualify him from obtaining a con-
30 cealed weapon license; or
31 (n) Is subject to a protection order issued under chapter 63, title 39,
32 Idaho Code, that restrains the person from harassing, stalking or threat-
33 ening an intimate partner of the person or child of the intimate partner
34 or person, or engaging in other conduct that would place an intimate part-
35 ner in reasonable fear of bodily injury to the partner or child.
36 The license application shall be in triplicate, in a form to be pre-
37 scribed by the director of the Idaho state police, and shall ask the name,
38 address, description and signature of the licensee, date of birth, social
39 security number, military status, and the driver's license number or state
40 identification card number of the licensee if used for identification in
41 applying for the license. The application shall indicate that provision of
42 the social security number is optional. The license application shall con-
43 tain a warning substantially as follows:
44 CAUTION: Federal law and state law on the possession of weapons and fire-
45 arms differ. If you are prohibited by federal law from possessing a weapon
46 or a firearm, you may be prosecuted in federal court. A state permit is
47 not a defense to a federal prosecution.
48 The sheriff shall require any person who is applying for original
49 issuance of a license to submit his fingerprints in addition to the other
50 information required in this subsection. Within five (5) days after the
51 filing of an application, the sheriff shall forward the application and
52 fingerprints to the Idaho state police for a records check of state and
53 national files. The Idaho state police shall conduct a national
54 fingerprint-based records check and return the results to the sheriff
55 within seventy-five (75) days. The sheriff shall not issue a license
3
1 before receiving the results of the records check and must deny a license
2 if the applicant is disqualified under any of the criteria listed in para-
3 graphs (a) through (n) of subsection (1) of this section.
4 The license will be in a form substantially similar to that of the
5 Idaho driver's license. It will bear the signature, name, address, date
6 of birth, picture of the licensee, expiration date and the driver's
7 license number or state identification card number of the licensee if used
8 for identification in applying for the license. Upon issuing a license
9 under the provisions of this section, the sheriff will notify the Idaho
10 state police on a form or in a manner prescribed by the state police.
11 Information relating to an applicant or licensee received or maintained
12 pursuant to this section by the sheriff or Idaho state police is confiden-
13 tial and exempt from disclosure under section 9-338, Idaho Code.
14 (2) The fee for original issuance of a four (4) year license shall be
15 twenty dollars ($20.00) paid to the sheriff for the purpose of enforcing the
16 provisions of this chapter. The sheriff may collect any additional fees neces-
17 sary to cover the cost of processing fingerprints lawfully required by any
18 state or federal agency or department, and the cost of materials for the
19 license lawfully required by any state agency or department, which costs shall
20 be paid to the state.
21 (3) The fee for renewal of the license shall be twelve fifteen dollars
22 ($125.00). The sheriff may collect any additional fees necessary to cover the
23 processing costs lawfully required by any state or federal agency or depart-
24 ment, and the cost of materials for the license lawfully required by any state
25 agency or department, which costs shall be paid to the state. If a licensee
26 applying for renewal has not previously been required to submit fingerprints,
27 the sheriff shall require the licensee to do so and may collect any additional
28 fees necessary to cover the cost of processing fingerprints lawfully required
29 by any state or federal agency or department.
30 (4) A licensee may renew a Every license if the licensee applies for
31 renewal at any time before or within ninety (90) days after the expiration
32 date of the license that is not, as provided by law, suspended, revoked or
33 disqualified in this state shall be renewable at any time during the ninety
34 (90) day period before its expiration or within ninety (90) days after the
35 expiration date. Renewal notices shall be mailed out ninety (90) days prior to
36 the expiration date of the license. The sheriff shall require the licensee
37 applying for renewal to complete an application. The sheriff shall submit the
38 application to the Idaho state police for a records check of state and
39 national databases. The Idaho state police shall conduct the records check and
40 return the results to the sheriff within thirty (30) days. The sheriff shall
41 not issue a renewal before receiving the results of the records check and must
42 deny a license if the applicant is disqualified under any of the criteria
43 listed in subsection (1), paragraphs (a) through (n) of this section. A
44 renewal license shall be valid for a period of four five (45) years. A license
45 so renewed shall take effect on the expiration date of the prior license. A
46 licensee renewing ninety-one (91) days or more after the expiration date of
47 the license shall pay a late renewal penalty of ten dollars ($10.00) in addi-
48 tion to the renewal fee. The fee shall be paid to the sheriff for the purpose
49 of enforcing the provisions of this chapter.
50 (5) Notwithstanding the requirements of this section, the sheriff of the
51 county of the applicant's residence may issue a temporary emergency license
52 for good cause pending review under subsection (1) of this section.
53 (6) A city, county or other political subdivision of this state shall not
54 modify the requirements of this section, nor may a political subdivision ask
55 the applicant to voluntarily submit any information not required in this sec-
4
1 tion. A civil action may be brought to enjoin a wrongful refusal to issue a
2 license or a wrongful modification of the requirements of this section. The
3 civil action may be brought in the county in which the application was made or
4 in Ada county at the discretion of the petitioner. Any person who prevails
5 against a public agency in any action in the courts for a violation of subsec-
6 tions (1) through (5) of this section, shall be awarded costs, including rea-
7 sonable attorney's fees incurred in connection with the legal action.
8 (7) Except in the person's place of abode or fixed place of business, on
9 property in which the person has any ownership or leasehold interest, or while
10 the person is in any motor vehicle, a person shall not carry a concealed
11 weapon without a license to carry a concealed weapon. For the purposes of this
12 section, a concealed weapon means any dirk, dirk knife, bowie knife, dagger,
13 pistol, revolver, or any other deadly or dangerous weapon. The provisions of
14 this section shall not apply to any lawfully possessed shotgun or rifle.
15 (8) A county sheriff, deputy sheriff, or county employee who issues a
16 license to carry a concealed weapon under this section shall not incur any
17 civil or criminal liability as the result of the performance of his duties
18 under this section.
19 (9) While in any motor vehicle, inside the limits or confines of any
20 city, or inside any mining, lumbering, logging or railroad camp a person shall
21 not carry a concealed weapon on or about his person without a license to carry
22 a concealed weapon. This shall not apply to any pistol or revolver firearm
23 located in plain view whether it is loaded or unloaded. A firearm may be con-
24 cealed legally in a motor vehicle so long as the weapon is disassembled or
25 unloaded.
26 (10) In implementing the provisions of this section on behalf of the state
27 of Idaho, the sheriff shall make applications readily available at the office
28 of the sheriff or at other public offices in his jurisdiction.
29 (110) The sheriff of a county may issue a license to carry a concealed
30 weapon to those individuals between the ages of eighteen (18) and twenty-one
31 (21) years who in the judgment of the sheriff warrants the issuance of the
32 license to carry a concealed weapon. Such issuance shall be subject to limita-
33 tions which the issuing authority deems appropriate. Licenses issued to indi-
34 viduals between the ages of eighteen (18) and twenty-one (21) years shall be
35 easily distinguishable from regular licenses.
36 (121) The requirement to secure a license to carry a concealed weapon
37 under this section shall not apply to the following persons:
38 (a) Officials of a county, city, state of Idaho, the United States, peace
39 officers, guards of any jail, court appointed attendants or any officer of
40 any express company on duty;
41 (b) Employees of the adjutant general and military division of the state
42 where military membership is a condition of employment when on duty;
43 (c) Criminal investigators of the attorney general's office, criminal
44 investigators of a prosecuting attorney's office, prosecutors and their
45 deputies;
46 (d) Any person outside the limits of or confines of any city, or outside
47 any mining, lumbering, logging or railroad camp, located outside any city,
48 while engaged in lawful hunting, fishing, trapping or other lawful outdoor
49 activity;
50 (e) Any publicly elected Idaho official;
51 (f) Retired peace officers with at least ten (10) years of service with
52 the state or a political subdivision as a peace officer and who have been
53 certified by the peace officer standards and training council;
54 (g) Any person who has a valid permit from a state or local law enforce-
55 ment agency or court authorizing him to carry a concealed weapon. A permit
5
1 issued in another state will only be considered valid if the permit is in
2 the licensee's physical possession.
3 (132) When issuing a license pursuant to this section, the sheriff may
4 require the applicant to demonstrate familiarity with a firearm by and shall
5 accept any of the following, provided the applicant may select which one:
6 (a) Completion of any hunter education or hunter safety course approved
7 by the department of fish and game or a similar agency of another state;
8 or
9 (b) Completion of any national rifle association firearms safety or
10 training course, or any national rifle association hunter education
11 course; or
12 (c) Completion of any firearms safety or training course or class avail-
13 able to the general public offered by a law enforcement agency, community
14 college, college, university, or private or public institution or organi-
15 zation or firearms training school, utilizing instructors certified by the
16 national rifle association or the Idaho state police; or
17 (d) Completion of any law enforcement firearms safety or training course
18 or class offered for security guards, investigators, special deputies, or
19 any division or subdivision of a law enforcement agency or security
20 enforcement agency; or
21 (e) Presents evidence or equivalent experience with a firearm through
22 participation in organized shooting competition or military service; or
23 (f) Is licensed or has been licensed to carry a firearm in this state or
24 a county or municipality, unless the license has been revoked for cause;
25 or
26 (g) Completion of any firearms training or training or safety course or
27 class conducted by a state certified or national rifle association certi-
28 fied firearms instructor.
29 (143) A person carrying a concealed weapon in violation of the provisions
30 of this section shall be guilty of a misdemeanor.
31 (154) The sheriff of the county where the license was issued or the sher-
32 iff of the county where the person resides shall have the power to revoke a
33 license subsequent to a hearing in accordance with the provisions of chapter
34 52, title 67, Idaho Code, for any of the following reasons:
35 (a) Fraud or intentional misrepresentation in the obtaining of a license;
36 or
37 (b) Misuse of a license, including lending or giving a license to another
38 person, or duplicating a license, or using a license with the intent to
39 unlawfully cause harm to a person or property; or
40 (c) The doing of an act or existence of a condition which would have been
41 grounds for the denial of the license by the sheriff; or
42 (d) The violation of any of the terms of this section; or
43 (e) The applicant is adjudicated guilty of or receives a withheld judg-
44 ment for a crime which would have disqualified him from initially receiv-
45 ing a license.
46 (165) A person twenty-one (21) years of age or older issued a license to
47 carry a concealed weapon or a license renewal on or after July 1, 1995, is
48 exempt from any requirement to undergo a records check at the time of purchase
49 or transfer of a firearm from a federally licensed firearms dealer. However, a
50 temporary emergency license issued under subsection (5) of this section shall
51 not exempt the holder of the license from any records check requirement. Tem-
52 porary emergency licenses shall be easily distinguishable from regular
53 licenses.
54 (176) The attorney general is authorized to negotiate reciprocal agree-
55 ments with other states related to the recognition of licenses to carry con-
6
1 cealed weapons. The Idaho state police shall keep a copy and maintain a record
2 of all such agreements, which shall be made available to the public.
3 (187) The provisions of this section are hereby declared to be severable
4 and if any provision of this section or the application of such provision to
5 any person or circumstance is declared invalid for any reason, such declara-
6 tion shall not affect the validity of remaining portions of this section.
7 SECTION 3. That Section 18-3302H, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 18-3302H. CARRYING OF CONCEALED FIREARMS BY QUALIFIED RETIRED LAW
10 ENFORCEMENT OFFICERS. (1) A county sheriff shall issue a license to carry a
11 concealed firearm to a qualified retired law enforcement officer provided that
12 the provisions of this section are met.
13 (2) As used in this section:
14 (a) "Firearm" means a handgun and does not include:
15 (i) Any machine gun, as defined in 26 U.S.C. section 5845(b);
16 (ii) Any firearm silencer, as defined in 18 U.S.C. section 921; or
17 (iii) Any destructive device, as defined in 18 U.S.C. section 921.
18 (b) "Qualified retired law enforcement officer" means an individual who:
19 (i) Retired in good standing from service with a public agency as
20 a law enforcement officer, provided that such retirement was for rea-
21 sons other than mental instability;
22 (ii) Before such retirement, was authorized by law to engage in or
23 supervise the prevention, detection, investigation or prosecution of,
24 or the incarceration of any person for, any violation of law, and
25 had statutory powers of arrest;
26 (iii) Before such retirement, was regularly employed as a law
27 enforcement officer for an aggregate of fifteen (15) years or more,
28 or retired from service with such agency after completing any appli-
29 cable probationary period of such service, due to a service-connected
30 disability, as determined by such agency;
31 (iv) Has a nonforfeitable right to benefits under the retirement
32 plan of the agency;
33 (v) During the most recent twelve (12) month period has met, at
34 his own expense, the standards for training and qualification of this
35 state, as required at the discretion of the sheriff under paragraph
36 (d) of this subsection or the agency from which he retired for active
37 law enforcement officers, to carry a concealed firearm;
38 (vi) Is not chronically under the influence of alcohol, or under
39 the influence of another intoxicating or hallucinatory drug or sub-
40 stance in violation of any provision of federal or state law;
41 (vii) Is not prohibited by federal law from receiving a firearm;
42 (viii) Has a current and valid photographic identification issued by
43 the agency from which the individual retired from service as a law
44 enforcement officer;
45 (ix) Provides by his affidavit, in triplicate, sworn and signed by
46 him under penalty of perjury, that he meets all of the conditions set
47 forth in this subsection (2);
48 (x) Pays the fees charged by the sheriff pursuant to this section;
49 and
50 (xi) Completes the original application or renewal application as
51 provided by this section.
52 (c) "Retired in good standing" means that at the time of his retirement,
53 he was not under investigation, or subject to discipline, for any viola-
7
1 tion of this state's law enforcement code of conduct.
2 (d) "Standards for training and qualification in this state" means that
3 when issuing a license pursuant to this section, the sheriff may require
4 the applicant to demonstrate familiarity with a firearm by any of the fol-
5 lowing methods, provided the sheriff may require an applicant to complete
6 more than one (1) firearms safety or training course:
7 (i) Completion of any hunter education or hunter safety course
8 approved by the department of fish and game or a similar agency of
9 another state;
10 (ii) Completion of any national rifle association firearms safety or
11 training course, or any national rifle association hunter education
12 course;
13 (iii) Completion of any firearms safety or training course or class
14 available to the general public offered by a law enforcement agency,
15 community college, college, university, or private or public institu-
16 tion or organization or firearms training school, utilizing instruc-
17 tors certified by the national rifle association or the Idaho state
18 police;
19 (iv) Completion of any law enforcement firearms safety or training
20 course or class offered for security guards, investigators, special
21 deputies, or any division or subdivision of a law enforcement agency
22 or security enforcement agency;
23 (v) Presentation of evidence of equivalent experience with a fire-
24 arm through participation in organized shooting competitions or mili-
25 tary service;
26 (vi) Completion of any firearms training or training or safety
27 course or class conducted by a state certified or national rifle
28 association certified firearms instructor; or
29 (vii) Any other firearms safety training that the sheriff may deem
30 appropriate.
31 (3) The original and renewal license applications under this section
32 shall be in triplicate, in a form to be prescribed by the director of the
33 Idaho state police, and shall ask the name, address, description and signature
34 of the licensee, date of birth, social security number, military status, iden-
35 tification of the law enforcement agency from which the applicant retired, and
36 the driver's license number or state identification card number of the licen-
37 see if used for identification in applying for the license. The application
38 shall indicate that provision of the social security number is optional. In
39 implementing the provisions of this section, the sheriff shall make applica-
40 tions readily available at the office of the sheriff or at other public offi-
41 ces in his jurisdiction.
42 (4) The fee for original issuance of a license under this section shall
43 be twenty dollars ($20.00), paid to the sheriff. The sheriff may also collect
44 any additional fees necessary to cover the cost of processing and the cost of
45 materials for the license, which shall also be paid to the sheriff.
46 (5) An original or renewed license issued pursuant to this section shall
47 be in a form substantially similar to that of the Idaho driver's license and
48 shall be valid for a period of one (1) year. The license shall bear the signa-
49 ture, name, address, date of birth, picture of the licensee, expiration date,
50 and the driver's license number or state identification card number of the
51 licensee if used for identification in applying for the license, and shall
52 state that the licensee is a qualified retired law enforcement officer. Upon
53 issuing a license under the provisions of this section, the sheriff shall
54 notify the Idaho state police on a form or in a manner prescribed by the
55 director of the Idaho state police.
8
1 (6) A qualified retired law enforcement licensee under this section may
2 renew his license if he applies for renewal at any time before or within
3 ninety (90) days after the expiration date of the license. The sheriff shall
4 require the licensee applying for renewal to complete a renewal application
5 pursuant to subsection (3) of this section and an affidavit pursuant to sub-
6 section (2) of this section. A renewed license shall take effect upon the
7 expiration date of the prior license.
8 (7) The fee for renewal of the license, which must be paid on a yearly
9 basis, shall be twelve dollars ($12.00), paid to the sheriff. The sheriff may
10 also collect any additional fees necessary to cover the processing costs and
11 the cost of materials for the license, which shall also be paid to the sher-
12 iff. A licensee renewing after the expiration date of the license shall pay a
13 late renewal penalty of ten dollars ($10.00) in addition to the renewal fee.
14 The renewal penalty fee, if any, shall be paid to the sheriff.
15 (8) A current and valid photographic identification issued by the agency
16 from which the individual retired from service as a law enforcement officer,
17 together with a license issued by the sheriff pursuant to this section, shall
18 serve as a license to carry a firearm for a qualified retired law enforcement
19 officer under 18 U.S.C. section 926C.
20 (9) The sheriff of the county where the license was issued or the sheriff
21 of the county where the person resides shall have the power to revoke a
22 license issued under this section pursuant to the provisions of section
23 18-3302(154), Idaho Code.
24 (10) A county sheriff, deputy sheriff, or county employee who issues a
25 license to carry a concealed weapon pursuant to this section shall not incur
26 any civil or criminal liability as the result of the performance of his duties
27 under this section.
28 (11) A city, county or other political subdivision of this state shall not
29 modify the requirements of this section, nor shall a political subdivision ask
30 the applicant to voluntarily submit any information not required by this sec-
31 tion.
32 (12) A civil action may be brought to enjoin a wrongful refusal to issue
33 a license or a wrongful modification of the requirements of this section. The
34 civil action shall be brought in the county in which the application was made.
35 (13) In lieu of or in addition to qualification to carry a concealed fire-
36 arm under this section, a retired law enforcement officer may apply for a
37 license to carry concealed weapons under section 18-3302, Idaho Code.
STATEMENT OF PURPOSE
RS 15636C4
Amending the requirements for carrying a concealed weapon, to
require notice to law enforcement officers when a person is
carrying a concealed weapon, extend the validity of a permit to
5 years, extend the period for renewal without paying a late fee
and eliminate the requirement for concealed weapons to be
disassembled in a vehicle.
FISCAL IMPACT
The three dollar fee increase will have a positive effect to
counties of ($3) times the number of permits statewide.
Contact
Name: Rep. Bill Sali, Sen. Gerry Sweet, Sen Russ Fulcher,
Rep. Cliff Bayer
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1402