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H0632................................by JUDICIARY, RULES AND ADMINISTRATION
CONCEALED WEAPONS - Amends existing law relating to concealed weapons to
exempt from license requirements detention deputies with certain
credentials.
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 632
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CONCEALED WEAPONS; AMENDING SECTION 18-3302, IDAHO CODE, TO EXEMPT
3 FROM LICENSE REQUIREMENTS DETENTION DEPUTIES WITH CERTAIN CREDENTIALS AND
4 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 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
2
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
3
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-
4
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
5
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
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
Association.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Representative Nonini
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 632