I am a victim of domestic violence and the abuser has a gun. Is that legal?
According to Idaho state law, anyone who meets any of the following cannot get a license to carry concealed weapons:
- is under age twenty-one, although there are exceptions in the law regarding people ages 18 - 21;
- is currently formally charged with a felony crime;
- has been found guilty in any court of a felony crime;
- is a fugitive from justice;
- is an unlawful user of marijuana or any depressant, stimulant or narcotic drug, or other controlled substance;
- is currently suffering from, or has been declared by a court as having suffered from, any of the following conditions:
- lacking mental capacity;
- mental illness;
- being gravely disabled; or
- being an incapacitated person;
- has been discharged from the armed forces under dishonorable conditions;
- has received a withheld judgment or suspended sentence for a felony crime, unless the person has successfully completed probation;
- is currently under probation after having been found guilty of, or received a withheld judgment for, a misdemeanor offense that involves the intentional use, attempted use, or threatened use of physical force against the person or property of another;
- is an “alien” illegally in the United States;
- was a citizen of the United States but has renounced his/her citizenship;
- is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify him/her from obtaining a concealed weapons license;
- is subject to a domestic violence protection order that restrains him/her from harassing, stalking or threatening an intimate partner, his/her own child, or a child of the intimate partner; or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or a child; or
- is for any other reason ineligible to own, possess or receive a firearm under Idaho law or federal law.1
In addition, Idaho law says that anyone convicted of any of the following felony crimes permanently loses his/her right to have a firearm:
- aggravated assault;
- aggravated battery;
- assault with intent to commit a serious felony;
- battery with intent to commit a serious felony;
- burglary;
- felony domestic battery;
- felony enticing of children;
- forcible sexual penetration by use of a foreign object;
- felony indecent exposure;
- felony injury to child;
- felony intimidating a witness;
- lewd conduct with a minor or child under sixteen;
- sexual abuse of a child under sixteen;
- sexual exploitation of a child;
- felonious rescuing prisoners;
- escape by one charged with, convicted of or on probation for a felony;
- unlawful possession of a firearm;
- degrees of murder;
- voluntary manslaughter;
- assault with intent to murder;
- administering poison with intent to kill;
- kidnapping;
- mayhem;
- rape;
- robbery;
- ritualized abuse of a child;
- cannibalism;
- felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance;
- trafficking;
- felony threats against state officials of the executive, legislative or judicial branch;
- unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home;
- unlawful possession of destructive devices;
- unlawful use of destructive device or bomb; or
- attempt, conspiracy, or solicitation, to commit any of the above-mentioned crimes.2
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements or if s/he has been convicted of a felony or domestic violence misdemeanor. Go to Federal Gun Laws to get more information.
1 ID Code § 18-3302(11)
2 ID Code § 18-310(2)