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H0601......................................................by STATE AFFAIRS WEAPONS - Amends existing law relating to weapons to revise the definition of "concealed weapon" and "weapon" to include conducted energy devices; and to prohibit possession of conducted energy devices by minors. 03/05 House intro - 1st rdg - to printing 03/06 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 601 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO WEAPONS; AMENDING SECTION 18-3302, IDAHO CODE, TO REVISE THE DEFI- 3 NITION OF "CONCEALED WEAPON" TO INCLUDE CONDUCTED ENERGY DEVICES; AMENDING 4 SECTION 18-3302A, IDAHO CODE, TO REVISE THE DEFINITION OF "WEAPON" TO 5 INCLUDE CONDUCTED ENERGY DEVICES; AND AMENDING SECTION 18-3302F, IDAHO 6 CODE, TO PROHIBIT POSSESSION OF CONDUCTED ENERGY DEVICES BY MINORS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-3302, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-3302. ISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS. (1) The sheriff 11 of a county, on behalf of the state of Idaho, shall, within ninety (90) days 12 after the filing of an application by any person who is not disqualified from 13 possessing or receiving a firearm under state or federal law, issue a license 14 to the person to carry a weapon concealed on his person within this state. For 15 licenses issued before July 1, 2006, a license shall be valid for four (4) 16 years from the date of issue. For licenses issued on or after July 1, 2006, a 17 license shall be valid for five (5) years from the date of issue. The 18 citizen's constitutional right to bear arms shall not be denied to him, unless 19 he: 20 (a) Is ineligible to own, possess or receive a firearm under the provi- 21 sions of state or federal law; or 22 (b) Is formally charged with a crime punishable by imprisonment for a 23 term exceeding one (1) year; or 24 (c) Has been adjudicated guilty in any court of a crime punishable by 25 imprisonment for a term exceeding one (1) year; or 26 (d) Is a fugitive from justice; or 27 (e) Is an unlawful user of, or addicted to, marijuana or any depressant, 28 stimulant, or narcotic drug, or any other controlled substance as defined 29 in 21 U.S.C. 802; or 30 (f) Is currently suffering or has been adjudicated as follows, based on 31 substantial evidence: 32 (i) Lacking mental capacity as defined in section 18-210, Idaho 33 Code; or 34 (ii) Mentally ill as defined in section 66-317, Idaho Code; or 35 (iii) Gravely disabled as defined in section 66-317, Idaho Code; or 36 (iv) An incapacitated person as defined in section 15-5-101(a), 37 Idaho Code; or 38 (g) Is or has been discharged from the armed forces under dishonorable 39 conditions; or 40 (h) Is or has been adjudicated guilty of or received a withheld judgment 41 or suspended sentence for one (1) or more crimes of violence constituting 42 a misdemeanor, unless three (3) years has elapsed since disposition or 43 pardon has occurred prior to the date on which the application is submit- 2 1 ted; or 2 (i) Has had entry of a withheld judgment for a criminal offense which 3 would disqualify him from obtaining a concealed weapon license; or 4 (j) Is an alien illegally in the United States; or 5 (k) Is a person who having been a citizen of the United States, has 6 renounced his or her citizenship; or 7 (l) Is under twenty-one (21) years of age; or 8 (m) Is free on bond or personal recognizance pending trial, appeal or 9 sentencing for a crime which would disqualify him from obtaining a con- 10 cealed weapon license; or 11 (n) Is subject to a protection order issued under chapter 63, title 39, 12 Idaho Code, that restrains the person from harassing, stalking or threat- 13 ening an intimate partner of the person or child of the intimate partner 14 or person, or engaging in other conduct that would place an intimate part- 15 ner in reasonable fear of bodily injury to the partner or child. 16 The license application shall be in triplicate, in a form to be pre- 17 scribed by the director of the Idaho state police, and shall ask the name, 18 address, description and signature of the licensee, date of birth, social 19 security number, military status, and the driver's license number or state 20 identification card number of the licensee if used for identification in 21 applying for the license. The application shall indicate that provision of 22 the social security number is optional. The license application shall con- 23 tain a warning substantially as follows: 24 CAUTION: Federal law and state law on the possession of weapons and fire- 25 arms differ. If you are prohibited by federal law from possessing a weapon 26 or a firearm, you may be prosecuted in federal court. A state permit is 27 not a defense to a federal prosecution. 28 The sheriff shall require any person who is applying for original 29 issuance of a license to submit his fingerprints in addition to the other 30 information required in this subsection. Within five (5) days after the 31 filing of an application, the sheriff shall forward the application and 32 fingerprints to the Idaho state police for a records check of state and 33 national files. The Idaho state police shall conduct a national 34 fingerprint-based records check and return the results to the sheriff 35 within seventy-five (75) days. The sheriff shall not issue a license 36 before receiving the results of the records check and must deny a license 37 if the applicant is disqualified under any of the criteria listed in para- 38 graphs (a) through (n) of subsection (1) of this section. 39 The license will be in a form substantially similar to that of the 40 Idaho driver's license. It will bear the signature, name, address, date of 41 birth, picture of the licensee, expiration date and the driver's license 42 number or state identification card number of the licensee if used for 43 identification in applying for the license. Upon issuing a license under 44 the provisions of this section, the sheriff will notify the Idaho state 45 police on a form or in a manner prescribed by the state police. Informa- 46 tion relating to an applicant or licensee received or maintained pursuant 47 to this section by the sheriff or Idaho state police is confidential and 48 exempt from disclosure under section 9-338, Idaho Code. 49 (2) The fee for original issuance of a license shall be twenty dollars 50 ($20.00) paid to the sheriff for the purpose of enforcing the provisions of 51 this chapter. The sheriff may collect any additional fees necessary to cover 52 the cost of processing fingerprints lawfully required by any state or federal 53 agency or department, and the cost of materials for the license lawfully 54 required by any state agency or department, which costs shall be paid to the 55 state. 3 1 (3) The fee for renewal of the license shall be fifteen dollars ($15.00). 2 The sheriff may collect any additional fees necessary to cover the processing 3 costs lawfully required by any state or federal agency or department, and the 4 cost of materials for the license lawfully required by any state agency or 5 department, which costs shall be paid to the state. If a licensee applying for 6 renewal has not previously been required to submit fingerprints, the sheriff 7 shall require the licensee to do so and may collect any additional fees neces- 8 sary to cover the cost of processing fingerprints lawfully required by any 9 state or federal agency or department. 10 (4) Every 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 five (5) years. A license so 23 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, conducted energy 46 device or any other deadly or dangerous weapon. The provisions of this section 47 shall not apply to any lawfully possessed shotgun or rifle. For purposes of 48 this section, "conducted energy device" means any item that emits an electri- 49 cal current, impulse, wave or beam, which current, impulse, wave or beam is 50 designed to incapacitate, injure or kill. 51 (8) A county sheriff, deputy sheriff, or county employee who issues a 52 license to carry a concealed weapon under this section shall not incur any 53 civil or criminal liability as the result of the performance of his duties 54 under this section. 55 (9) While in any motor vehicle, inside the limits or confines of any 4 1 city, a person shall not carry a concealed weapon on or about his person with- 2 out a license to carry a concealed weapon. This shall not apply to any firearm 3 located in plain view whether it is loaded or unloaded. A firearm may be con- 4 cealed legally in a motor vehicle so long as the weapon is disassembled or 5 unloaded. 6 (10) In implementing the provisions of this section on behalf of the state 7 of Idaho, the sheriff shall make applications readily available at the office 8 of the sheriff or at other public offices in his jurisdiction. 9 (11) The sheriff of a county may issue a license to carry a concealed 10 weapon to those individuals between the ages of eighteen (18) and twenty-one 11 (21) years who in the judgment of the sheriff warrant the issuance of the 12 license to carry a concealed weapon. Such issuance shall be subject to limita- 13 tions which the issuing authority deems appropriate. Licenses issued to indi- 14 viduals between the ages of eighteen (18) and twenty-one (21) years shall be 15 easily distinguishable from regular licenses. 16 (12) The requirement to secure a license to carry a concealed weapon under 17 this section shall not apply to the following persons: 18 (a) Officials of a county, city, state of Idaho, the United States, peace 19 officers, guards of any jail, court appointed attendants or any officer of 20 any express company on duty; 21 (b) Employees of the adjutant general and military division of the state 22 where military membership is a condition of employment when on duty; 23 (c) Criminal investigators of the attorney general's office, criminal 24 investigators of a prosecuting attorney's office, prosecutors and their 25 deputies; 26 (d) Any person outside the limits of or confines of any city while 27 engaged in lawful hunting, fishing, trapping or other lawful outdoor 28 activity; 29 (e) Any publicly elected Idaho official; 30 (f) Retired peace officers or detention deputies with at least ten (10) 31 years of service with the state or a political subdivision as a peace 32 officer or detention deputy and who have been certified by the peace offi- 33 cer standards and training council; 34 (g) Any person who has a valid permit from a state or local law enforce- 35 ment agency or court authorizing him to carry a concealed weapon. A permit 36 issued in another state will only be considered valid if the permit is in 37 the licensee's physical possession. 38 (13) When issuing a license pursuant to this section, the sheriff may 39 require the applicant to demonstrate familiarity with a firearm and shall 40 accept any of the following, provided the applicant may select which one: 41 (a) Completion of any hunter education or hunter safety course approved 42 by the department of fish and game or a similar agency of another state; 43 or 44 (b) Completion of any national rifle association firearms safety or 45 training course, or any national rifle association hunter education 46 course; or 47 (c) Completion of any firearms safety or training course or class avail- 48 able to the general public offered by a law enforcement agency, community 49 college, college, university, or private or public institution or organi- 50 zation or firearms training school, utilizing instructors certified by the 51 national rifle association or the Idaho state police; or 52 (d) Completion of any law enforcement firearms safety or training course 53 or class offered for security guards, investigators, special deputies, or 54 any division or subdivision of a law enforcement agency or security 55 enforcement agency; or 5 1 (e) Presents evidence or equivalent experience with a firearm through 2 participation in organized shooting competition or military service; or 3 (f) Is licensed or has been licensed to carry a firearm in this state or 4 a county or municipality, unless the license has been revoked for cause; 5 or 6 (g) Completion of any firearms training or training or safety course or 7 class conducted by a state certified or national rifle association certi- 8 fied firearms instructor. 9 (14) A person carrying a concealed weapon in violation of the provisions 10 of this section shall be guilty of a misdemeanor. 11 (15) The sheriff of the county where the license was issued or the sheriff 12 of the county where the person resides shall have the power to revoke a 13 license subsequent to a hearing in accordance with the provisions of chapter 14 52, title 67, Idaho Code, for any of the following reasons: 15 (a) Fraud or intentional misrepresentation in the obtaining of a license; 16 or 17 (b) Misuse of a license, including lending or giving a license to another 18 person, or duplicating a license, or using a license with the intent to 19 unlawfully cause harm to a person or property; or 20 (c) The doing of an act or existence of a condition which would have been 21 grounds for the denial of the license by the sheriff; or 22 (d) The violation of any of the terms of this section; or 23 (e) The applicant is adjudicated guilty of or receives a withheld judg- 24 ment for a crime which would have disqualified him from initially receiv- 25 ing a license. 26 (16) A person twenty-one (21) years of age or older issued a license to 27 carry a concealed weapon is exempt from any requirement to undergo a records 28 check at the time of purchase or transfer of a firearm from a federally 29 licensed firearms dealer. However, a temporary emergency license issued under 30 subsection (5) of this section shall not exempt the holder of the license from 31 any records check requirement. Temporary emergency licenses shall be easily 32 distinguishable from regular licenses. 33 (17) The attorney general is authorized to negotiate reciprocal agreements 34 with other states related to the recognition of licenses to carry concealed 35 weapons. The Idaho state police shall keep a copy and maintain a record of all 36 such agreements, which shall be made available to the public. 37 (18) The provisions of this section are hereby declared to be severable 38 and if any provision of this section or the application of such provision to 39 any person or circumstance is declared invalid for any reason, such declara- 40 tion shall not affect the validity of remaining portions of this section. 41 SECTION 2. That Section 18-3302A, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 18-3302A. SALE OF WEAPONS TO MINORS. It shall be unlawful to directly or 44 indirectly sell to any minor under the age of eighteen (18) years any weapon 45 without the written consent of the parent or guardian of the minor. Any person 46 violating the provisions of this section shall be guilty of a misdemeanor and 47 shall be punished by a fine not in excess of one thousand dollars ($1,000), by 48 imprisonment in the county jail for a term not in excess of six (6) months, or 49 by both such fine and imprisonment. As used in this section, "weapon" shall 50 mean any dirk, dirk knife, bowie knife, dagger, pistol, revolver, conducted 51 energy device as defined in section 18-3302, Idaho Code, or gun. 6 1 SECTION 3. That Section 18-3302F, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 18-3302F. PROHIBITION OF POSSESSION OF CERTAIN WEAPONS BY A MINOR. (1) It 4 shall be unlawful for any person under the age of eighteen (18) years to pos- 5 sess or have in possession any handgun. 6 (2) Except as provided by federal law, a minor under the age of eighteen 7 (18) years may not possess the following: 8 (a) A sawed-off rifle,orsawed-off shotgun, or a conducted energy device 9 as defined in section 18-3302, Idaho Code; or 10 (b) A full automatic weapon. 11 (3) Any person who violates the provisions of subsection (2) (a) of this 12 section is guilty of a misdemeanor. 13 (4) Any person who violates the provisions of subsection (2) (b) of this 14 section is guilty of a felony. 15 (5) For purposes of this section: 16 (a) "Full automatic weapon" means any firearm which fires, is designed to 17 fire, or can be readily restored to fire, automatically more than one (1) 18 bullet, or other missile without reloading, by a single function of the 19 trigger. 20 (b) "Handgun" means a pistol, revolver, or other firearm of any descrip- 21 tion, loaded or unloaded, from which any shot, bullet, or other missile 22 can be discharged, the length of the barrel of which, not including any 23 revolving, detachable, or magazine breech, does not exceed twelve (12) 24 inches. Excluded from this definition are handguns firing a metallic pro- 25 jectile, such as a BB or pellet, through the force of air pressure, 26 CO pressure, or spring action or any spot marker gun. 27 (6) Any person who provides a handgun to a minor when the possession of 28 the handgun by the minor is a violation of the provisions of this section is 29 guilty of a misdemeanor.
STATEMENT OF PURPOSE
RS 18062
This legislation add s the term "conducted energy device" into the
definition of what a person shall not carry without a license to carry
a concealed weapon. Also this legislation includes the prohibition to
sell to a minor under the age of eighteen (18) and the prohibition of
possession of certain weapons by a minor.
FISCAL NOTE
None.
Contact
Name: Representative Kren
Phone: (208)332 1000
Representative Rich Wills
STATEMENT OF PURPOSE/FISCAL NOTE H 601