How to Restore Your Gun Rights in Idaho After a Conviction
For many Idahoans, owning a firearm isn’t just about sport; it’s about tradition, protection, and exercising a constitutional right. But gun rights are not absolute. If you've been convicted of certain crimes, you may have lost your right to own or possess a gun.
The good news: in some cases, it may be possible to restore your firearm rights in Idaho. The process is not automatic, and it can be complicated; however, with the right legal help, you may be able to legally hunt, carry, or own firearms again.
At North Idaho Law Group in Post Falls, we understand how important gun rights are to many residents in this area. In North Idaho, hunting is a way of life, and gun culture is the norm. When we defend clients in criminal cases, we pay attention not just to the case itself, but to all the collateral consequences of a conviction or of any potential plea, including whether conviction can impact firearm rights. When a client has a particular attachment to firearms, whether for hunting, collecting, or personal protection, we do what we can to protect this right and, in some cases, restore this right where possible. Here’s what you need to know to understand how gun rights can be restored.
Who Loses Gun Rights in Idaho?
Under both Idaho law and federal law, firearm restrictions apply to people with certain criminal convictions, including:
- Felony convictions (state or federal)
- Domestic violence convictions (including for misdemeanors)
- Felony juvenile adjudications after age 14 for crimes that would have been felonies if committed by an adult
- In some cases, individuals under restraining orders or no-contact orders, even without a conviction
Once you fall into one of these categories, it becomes a crime to possess or attempt to purchase a firearm.
State vs. Federal Law
One of the most confusing parts of restoring gun rights is the difference between state and federal rules. Under Idaho law, certain rights may be restored automatically upon serving a sentence for a misdemeanor. However, for felony convictions, individuals may have to go through court petitions or obtain a pardon in order to have rights restored.
Federal law, however, often continues to apply even if the state restores rights unless the conviction is fully expunged, pardoned, or set aside in a way that satisfies federal requirements.
Consequently, if you want your gun rights restored, it’s critical to work with a lawyer who understands both systems.
How to Restore Firearm Rights in Idaho
The path to restoring gun rights depends on the type of conviction and your specific circumstances. Common avenues include:
1. Petitioning the Court
Idaho law allows some people to petition the court to restore their civil rights, including the right to possess firearms, after completing their sentence. However, it is a long process and the outcome is not guaranteed. Factors include:
- The type of crime committed
- How long it has been since the conviction
- Whether probation, parole, or prison time has been completed
- Evidence of rehabilitation (for example: steady employment, no new crimes, community involvement)
2. Applying for a Pardon
The Idaho Commission of Pardons and Parole can issue pardons that can restore firearm rights. This process is detailed and can take time, but for certain convictions, this may be the only way to regain gun ownership.
3. Expungement or Set-Aside (Limited Options)
Expungement means completely clearing or sealing a criminal record. It applies only to official records, but will not alter any public notices, such as news stories or private records. Idaho has limited expungement laws; juvenile records and some dismissed charges can be expunged, but most adult convictions cannot.
In other cases, a conviction can be set aside. When a conviction is set aside, the individual is released from penalties and legal disabilities from the conviction. Obtaining a set aside will require a lengthy and involved legal process and must be granted by a court so long as the facts support a set aside.
If your conviction was dismissed or set aside, you may be able to restore firearm rights.
Waiting Periods and Eligibility
There is no one-size-fits-all timeline for restoring gun rights. For some domestic violence convictions (whether misdemeanor or felony), you may never regain firearm rights due to federal law—specifically, the Lautenberg Amendment to the Gun Control Act of 1968. However, for certain other felonies under Idaho law, you may be eligible to apply after a waiting period once your sentence is complete. Eligibility for restoration of gun rights depends heavily on the crime involved, the sentence served, and whether you engaged in any subsequent offenses.
The Role of an Attorney in Regaining Firearm Rights
Some people mistakenly believe that their gun rights will “come back” after a certain number of years. That is not the case. Unless you take formal legal steps to restore your rights, the prohibition remains permanent. Attempting to purchase or possess a firearm without legal restoration can lead to new felony charges with serious prison time.
As noted above, because restoring gun rights involves an interplay of both state and federal law, the process is complex. An Idaho attorney experienced in handling gun rights cases will review your conviction history and determine whether you are eligible for restoration. If so, your attorney can help you undertake the process and see it through.
At North Idaho Law Group, we understand how much firearms are part of our local culture. Losing the right to own one can feel devastating, but in many cases, it doesn’t have to be permanent. With the right legal guidance, you may be able to restore your rights and move forward.
North Idaho Law Group helps people in Kootenai, Bonner, Shoshone, Benewah and other North Idaho counties navigate the complicated process of restoring firearm rights. If you’ve lost your gun rights after a conviction, don’t guess at your options; get answers you can trust. Contact us today for a confidential consultation and learn whether restoring your gun rights in Idaho is possible in your case.
The information above should not be construed as legal advice for any particular individual or case.