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S1428................................................by JUDICIARY AND RULES
CONCEALED WEAPONS - LICENSE - Amends existing law to revise provisions
applicable to the issuance of a license to carry concealed weapons.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 33-2-0
AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- Andreason(Hatch), Goedde
Absent and excused -- None
Floor Sponsor - Sweet
Title apvd - to House
03/13 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 65-1-4
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, Kemp, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker
NAYS -- Sayler
Absent and excused -- Jaquet, Lake, Smith(24), Wills
Floor Sponsor - Sali
Title apvd - to Senate
03/27 To enrol
03/28 Rpt enrol - Pres signed
03/29 Sp signed
03/30 To Governor
03/31 Governor signed
Session Law Chapter 294
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1428
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CONCEALED WEAPONS; AMENDING SECTION 18-3302, IDAHO CODE, TO REVISE
3 PROVISIONS APPLICABLE TO THE ISSUANCE OF A LICENSE TO CARRY CONCEALED
4 WEAPONS AND TO MAKE TECHNICAL CORRECTIONS.
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, on behalf of the state of Idaho, shall, within ninety (90) days
10 after the filing of an application by any person who is not disqualified from
11 possessing or receiving a firearm under state or federal law, issue a license
12 to the person to carry a weapon concealed on his person within this state. For
13 licenses issued before July 1, 2006, a license shall be valid for four (4)
14 years from the date of issue. For licenses issued on or after July 1, 2006, a
15 license shall be valid for five (5) years from the date of issue. The
16 citizen's constitutional right to bear arms shall not be denied to him, unless
17 he:
18 (a) Is ineligible to own, possess or receive a firearm under the provi-
19 sions of state or federal law; or
20 (b) Is formally charged with a crime punishable by imprisonment for a
21 term exceeding one (1) year; or
22 (c) Has been adjudicated guilty in any court of a crime punishable by
23 imprisonment for a term exceeding one (1) year; or
24 (d) Is a fugitive from justice; or
25 (e) Is an unlawful user of, or addicted to, marijuana or any depressant,
26 stimulant, or narcotic drug, or any other controlled substance as defined
27 in 21 U.S.C. 802; or
28 (f) Is currently suffering or has been adjudicated as follows, based on
29 substantial evidence:
30 (i) Lacking mental capacity as defined in section 18-210, Idaho
31 Code; or
32 (ii) Mentally ill as defined in section 66-317, Idaho Code; or
33 (iii) Gravely disabled as defined in section 66-317, Idaho Code; or
34 (iv) An incapacitated person as defined in section 15-5-101(a),
35 Idaho Code; or
36 (g) Is or has been discharged from the armed forces under dishonorable
37 conditions; or
38 (h) Is or has been adjudicated guilty of or received a withheld judgment
39 or suspended sentence for one (1) or more crimes of violence constituting
40 a misdemeanor, unless three (3) years has elapsed since disposition or
41 pardon has occurred prior to the date on which the application is submit-
42 ted; or
43 (i) Has had entry of a withheld judgment for a criminal offense which
2
1 would disqualify him from obtaining a concealed weapon license; or
2 (j) Is an alien illegally in the United States; or
3 (k) Is a person who having been a citizen of the United States, has
4 renounced his or her citizenship; or
5 (l) Is under twenty-one (21) years of age; or
6 (m) Is free on bond or personal recognizance pending trial, appeal or
7 sentencing for a crime which would disqualify him from obtaining a con-
8 cealed weapon license; or
9 (n) Is subject to a protection order issued under chapter 63, title 39,
10 Idaho Code, that restrains the person from harassing, stalking or threat-
11 ening an intimate partner of the person or child of the intimate partner
12 or person, or engaging in other conduct that would place an intimate part-
13 ner in reasonable fear of bodily injury to the partner or child.
14 The license application shall be in triplicate, in a form to be pre-
15 scribed by the director of the Idaho state police, and shall ask the name,
16 address, description and signature of the licensee, date of birth, social
17 security number, military status, and the driver's license number or state
18 identification card number of the licensee if used for identification in
19 applying for the license. The application shall indicate that provision of
20 the social security number is optional. The license application shall con-
21 tain a warning substantially as follows:
22 CAUTION: Federal law and state law on the possession of weapons and fire-
23 arms differ. If you are prohibited by federal law from possessing a weapon
24 or a firearm, you may be prosecuted in federal court. A state permit is
25 not a defense to a federal prosecution.
26 The sheriff shall require any person who is applying for original
27 issuance of a license to submit his fingerprints in addition to the other
28 information required in this subsection. Within five (5) days after the
29 filing of an application, the sheriff shall forward the application and
30 fingerprints to the Idaho state police for a records check of state and
31 national files. The Idaho state police shall conduct a national
32 fingerprint-based records check and return the results to the sheriff
33 within seventy-five (75) days. The sheriff shall not issue a license
34 before receiving the results of the records check and must deny a license
35 if the applicant is disqualified under any of the criteria listed in para-
36 graphs (a) through (n) of subsection (1) of this section.
37 The license will be in a form substantially similar to that of the
38 Idaho driver's license. It will bear the signature, name, address, date of
39 birth, picture of the licensee, expiration date and the driver's license
40 number or state identification card number of the licensee if used for
41 identification in applying for the license. Upon issuing a license under
42 the provisions of this section, the sheriff will notify the Idaho state
43 police on a form or in a manner prescribed by the state police. Informa-
44 tion relating to an applicant or licensee received or maintained pursuant
45 to this section by the sheriff or Idaho state police is confidential and
46 exempt from disclosure under section 9-338, Idaho Code.
47 (2) The fee for original issuance of a four (4) year license shall be
48 twenty dollars ($20.00) paid to the sheriff for the purpose of enforcing the
49 provisions of this chapter. The sheriff may collect any additional fees neces-
50 sary to cover the cost of processing fingerprints lawfully required by any
51 state or federal agency or department, and the cost of materials for the
52 license lawfully required by any state agency or department, which costs shall
53 be paid to the state.
54 (3) The fee for renewal of the license shall be twelve fifteen dollars
55 ($125.00). The sheriff may collect any additional fees necessary to cover the
3
1 processing costs lawfully required by any state or federal agency or depart-
2 ment, and the cost of materials for the license lawfully required by any state
3 agency or department, which costs shall be paid to the state. If a licensee
4 applying for renewal has not previously been required to submit fingerprints,
5 the sheriff shall require the licensee to do so and may collect any additional
6 fees necessary to cover the cost of processing fingerprints lawfully required
7 by any state or federal agency or department.
8 (4) A licensee may renew a Every license if the licensee applies for
9 renewal at any time before or within ninety (90) days after the expiration
10 date of the license that is not, as provided by law, suspended, revoked or
11 disqualified in this state shall be renewable at any time during the ninety
12 (90) day period before its expiration or within ninety (90) days after the
13 expiration date. Renewal notices shall be mailed out ninety (90) days prior to
14 the expiration date of the license. The sheriff shall require the licensee
15 applying for renewal to complete an application. The sheriff shall submit the
16 application to the Idaho state police for a records check of state and
17 national databases. The Idaho state police shall conduct the records check and
18 return the results to the sheriff within thirty (30) days. The sheriff shall
19 not issue a renewal before receiving the results of the records check and must
20 deny a license if the applicant is disqualified under any of the criteria
21 listed in subsection (1), paragraphs (a) through (n) of this section. A
22 renewal license shall be valid for a period of four five (45) years. A license
23 so renewed shall take effect on the expiration date of the prior license. A
24 licensee renewing ninety-one (91) days or more after the expiration date of
25 the license shall pay a late renewal penalty of ten dollars ($10.00) in addi-
26 tion to the renewal fee. The fee shall be paid to the sheriff for the purpose
27 of enforcing the provisions of this chapter.
28 (5) Notwithstanding the requirements of this section, the sheriff of the
29 county of the applicant's residence may issue a temporary emergency license
30 for good cause pending review under subsection (1) of this section.
31 (6) A city, county or other political subdivision of this state shall not
32 modify the requirements of this section, nor may a political subdivision ask
33 the applicant to voluntarily submit any information not required in this sec-
34 tion. A civil action may be brought to enjoin a wrongful refusal to issue a
35 license or a wrongful modification of the requirements of this section. The
36 civil action may be brought in the county in which the application was made or
37 in Ada county at the discretion of the petitioner. Any person who prevails
38 against a public agency in any action in the courts for a violation of subsec-
39 tions (1) through (5) of this section, shall be awarded costs, including rea-
40 sonable attorney's fees incurred in connection with the legal action.
41 (7) Except in the person's place of abode or fixed place of business, or
42 on property in which the person has any ownership or leasehold interest, a
43 person shall not carry a concealed weapon without a license to carry a con-
44 cealed weapon. For the purposes of this section, a concealed weapon means any
45 dirk, dirk knife, bowie knife, dagger, pistol, revolver, or any other deadly
46 or dangerous weapon. The provisions of this section shall not apply to any
47 lawfully possessed shotgun or rifle.
48 (8) A county sheriff, deputy sheriff, or county employee who issues a
49 license to carry a concealed weapon under this section shall not incur any
50 civil or criminal liability as the result of the performance of his duties
51 under this section.
52 (9) While in any motor vehicle, inside the limits or confines of any
53 city, or inside any mining, lumbering, logging or railroad camp a person shall
54 not carry a concealed weapon on or about his person without a license to carry
55 a concealed weapon. This shall not apply to any pistol or revolver firearm
4
1 located in plain view whether it is loaded or unloaded. A firearm may be con-
2 cealed legally in a motor vehicle so long as the weapon is disassembled or
3 unloaded.
4 (10) In implementing the provisions of this section on behalf of the state
5 of Idaho, the sheriff shall make applications readily available at the office
6 of the sheriff or at other public offices in his jurisdiction.
7 (11) The sheriff of a county may issue a license to carry a concealed
8 weapon to those individuals between the ages of eighteen (18) and twenty-one
9 (21) years who in the judgment of the sheriff warrants the issuance of the
10 license to carry a concealed weapon. Such issuance shall be subject to limita-
11 tions which the issuing authority deems appropriate. Licenses issued to indi-
12 viduals between the ages of eighteen (18) and twenty-one (21) years shall be
13 easily distinguishable from regular licenses.
14 (12) The requirement to secure a license to carry a concealed weapon under
15 this section shall not apply to the following persons:
16 (a) Officials of a county, city, state of Idaho, the United States, peace
17 officers, guards of any jail, court appointed attendants or any officer of
18 any express company on duty;
19 (b) Employees of the adjutant general and military division of the state
20 where military membership is a condition of employment when on duty;
21 (c) Criminal investigators of the attorney general's office, criminal
22 investigators of a prosecuting attorney's office, prosecutors and their
23 deputies;
24 (d) Any person outside the limits of or confines of any city, or outside
25 any mining, lumbering, logging or railroad camp, located outside any city,
26 while engaged in lawful hunting, fishing, trapping or other lawful outdoor
27 activity;
28 (e) Any publicly elected Idaho official;
29 (f) Retired peace officers with at least ten (10) years of service with
30 the state or a political subdivision as a peace officer and who have been
31 certified by the peace officer standards and training council;
32 (g) Any person who has a valid permit from a state or local law enforce-
33 ment agency or court authorizing him to carry a concealed weapon. A permit
34 issued in another state will only be considered valid if the permit is in
35 the licensee's physical possession.
36 (13) When issuing a license pursuant to this section, the sheriff may
37 require the applicant to demonstrate familiarity with a firearm by and shall
38 accept any of the following, provided the applicant may select which one:
39 (a) Completion of any hunter education or hunter safety course approved
40 by the department of fish and game or a similar agency of another state;
41 or
42 (b) Completion of any national rifle association firearms safety or
43 training course, or any national rifle association hunter education
44 course; or
45 (c) Completion of any firearms safety or training course or class avail-
46 able to the general public offered by a law enforcement agency, community
47 college, college, university, or private or public institution or organi-
48 zation or firearms training school, utilizing instructors certified by the
49 national rifle association or the Idaho state police; or
50 (d) Completion of any law enforcement firearms safety or training course
51 or class offered for security guards, investigators, special deputies, or
52 any division or subdivision of a law enforcement agency or security
53 enforcement agency; or
54 (e) Presents evidence or equivalent experience with a firearm through
55 participation in organized shooting competition or military service; or
5
1 (f) Is licensed or has been licensed to carry a firearm in this state or
2 a county or municipality, unless the license has been revoked for cause;
3 or
4 (g) Completion of any firearms training or training or safety course or
5 class conducted by a state certified or national rifle association certi-
6 fied firearms instructor.
7 (14) A person carrying a concealed weapon in violation of the provisions
8 of this section shall be guilty of a misdemeanor.
9 (15) The sheriff of the county where the license was issued or the sheriff
10 of the county where the person resides shall have the power to revoke a
11 license subsequent to a hearing in accordance with the provisions of chapter
12 52, title 67, Idaho Code, for any of the following reasons:
13 (a) Fraud or intentional misrepresentation in the obtaining of a license;
14 or
15 (b) Misuse of a license, including lending or giving a license to another
16 person, or duplicating a license, or using a license with the intent to
17 unlawfully cause harm to a person or property; or
18 (c) The doing of an act or existence of a condition which would have been
19 grounds for the denial of the license by the sheriff; or
20 (d) The violation of any of the terms of this section; or
21 (e) The applicant is adjudicated guilty of or receives a withheld judg-
22 ment for a crime which would have disqualified him from initially receiv-
23 ing a license.
24 (16) A person twenty-one (21) years of age or older issued a license to
25 carry a concealed weapon or a license renewal on or after July 1, 1995, is
26 exempt from any requirement to undergo a records check at the time of purchase
27 or transfer of a firearm from a federally licensed firearms dealer. However, a
28 temporary emergency license issued under subsection (5) of this section shall
29 not exempt the holder of the license from any records check requirement. Tem-
30 porary emergency licenses shall be easily distinguishable from regular
31 licenses.
32 (17) The attorney general is authorized to negotiate reciprocal agreements
33 with other states related to the recognition of licenses to carry concealed
34 weapons. The Idaho state police shall keep a copy and maintain a record of all
35 such agreements, which shall be made available to the public.
36 (18) The provisions of this section are hereby declared to be severable
37 and if any provision of this section or the application of such provision to
38 any person or circumstance is declared invalid for any reason, such declara-
39 tion shall not affect the validity of remaining portions of this section.
STATEMENT OF PURPOSE
RS 16180
Amending the requirements for carrying a concealed weapon, to
provide for notices of renewal, to extend the validity of a
permit to 5 years, extend the period for renewal without paying a
late fee and to clarify that licenses are issued on behalf of the
state of Idaho.
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,and
Rep. Cliff Bayer
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1428