01.
General. An application for
restoration of the civil right to ship, transport, possess, or receive a
firearm may be considered upon final discharge under Section
18-310(2), Idaho
Code. This is not a pardon for the conviction of a crime, nor is the
applicant's criminal record expunged. (3-23-22)
02.
Application. An application
may not be made until five (5) years after the date of final discharge of the
crime for which they are requesting restoration of firearm rights. (3-23-22)
a. An application may be obtained from the
Commission office or on the Commission website. (3-23-22)
b. The application must be the original and
returned to the Commission office. (3-23-22)
i. The application must request the
restoration of the right to ship, transport, possess, or receive a firearm
under Section
18-310, Idaho Code.
(3-23-22)
ii. The application must
be in writing and legible. (3-23-22)
iii. All court convictions, judgment orders,
including any dismissal documents, as well as police reports related to said
convictions must accompany the application. (3-23-22)
iv. An application may be submitted once
every twelve (12) months from the date of denial. (3-23-22)
v. The petition must state the reason for the
request. (3-23-22)
vi. Review or
deliberation on the petition will be conducted in executive session.
(3-23-22)
vii. The Commission will
determine whether a hearing will be granted and the applicant will be advised
of the decision. (3-23-22)
viii. No
applications will be considered for individuals who are incarcerated or on
supervision. (3-23-22)
c.
Upon receipt of the completed application and required documentation, eligible
applications will be reviewed by the Commission. The Commission may request an
investigation of the applicant by Commission staff. The report shall include,
but not be limited to, the following: (3-23-22)
i. A criminal records check will be conducted
to include any law enforcement contact since release from supervision or
incarceration. (3-23-22)
ii. The
applicant's employment history since the date of final discharge of the crime
for which they are requesting restoration of firearm rights.
(3-23-22)
iii. The applicant's
willingness to fulfill the obligations of a law-abiding citizen, including
family information, community involvement, volunteer service, hobbies, and
related interests. (3-23-22)
iv.
The applicant's employment and education status, including any professional or
vocational achievements, training and any additional information as deemed
necessary or appropriate. (3-23-22)
v. Confirmation that all restitution and
fines as ordered by the sentencing court have been paid. (3-23-22)
vi. An interview with the applicant may be
conducted and a summary of the interview provided. The interview may be
conducted in person or by electronic means.
(3-23-22)
03.
Hearing. The scheduling of a hearing is at the complete discretion
of the Commission. (3-23-22)
a. If a hearing
is scheduled, the Commission will determine the date of the hearing.
(3-23-22)
b. Any hearing may be
continued for additional information. (3-23-22)
c. Written notice of the hearing date, time,
and location will be sent to the applicant at the address given on the
application or as otherwise requested. (3-23-22)
i. The Commission shall make such appearance
mandatory or may deny the restoration of firearm rights.
(3-23-22)
d. The
applicant will be given written notice of the decision and such notice will be
sent to the last known address. (3-23-22)
04.
Authority to Grant. The
Commission has the full and final authority and discretion to grant restoration
of civil rights to ship, transport, possess, or receive a firearm under Section
18-310, Idaho Code, except as
provided therein. (3-23-22)
