18-3316 — UNLAWFUL POSSESSION OF A FIREARM
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TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 33
FIREARMS, EXPLOSIVES AND
OTHER DEADLY WEAPONS
18-3316. UNLAWFUL POSSESSION OF A FIREARM. (1) A person who previously
has been convicted of a felony who purchases, owns, possesses, or has under
his custody or control any firearm shall be guilty of a felony and shall be
imprisoned in the state prison for a period of time not to exceed five (5)
years and by a fine not to exceed five thousand dollars ($5,000).
(2) For the purpose of subsection (1) of this section, "convicted of a
felony" shall include a person who has entered a plea of guilty, nolo
contendere or has been found guilty of any of the crimes enumerated in section
18-310, Idaho Code, or to a comparable felony crime in another state,
territory, commonwealth, or other jurisdiction of the United States.
(3) For the purpose of subsection (1) of this section, "firearm" shall
include any weapon from which a shot, projectile or other object may be
discharged by force of combustion, explosive, gas and/or mechanical means,
whether operable or inoperable.
(4) Subsection (1) of this section shall not apply to a person whose
conviction has been nullified by expungement, pardon, setting aside the
conviction or other comparable procedure by the jurisdiction where the felony
conviction occurred; or whose civil right to bear arms either specifically or
in combination with other civil rights has been restored by any other
provision of Idaho law.