Can a felon own a gun in Idaho?

Idaho automatically restores firearm rights upon final discharge from incarceration, probation, or parole for most felonies. However, persons convicted of certain enumerated violent offenses listed in Idaho Code 18-310 must wait 5 years after final discharge and can then petition for restoration.

How can a felon restore gun rights in Idaho?

Automatic upon final discharge for most felonies. Violent offenders must petition the Commission of Pardons and Parole after 5 years.

What is the waiting period for gun rights restoration in Idaho?

Immediate upon final discharge for most felonies. 5 years after discharge for enumerated violent offenses.

Are there exceptions to gun rights restoration in Idaho?

Persons convicted of certain violent offenses (murder, voluntary manslaughter, aggravated assault, kidnapping, robbery, rape, etc.) must wait 5 years and petition the Commission of Pardons and Parole.

Can a felon get gun rights back in Idaho?

Yes. For most non-enumerated felonies, gun rights are automatically restored when you complete your entire sentence (imprisonment, probation, and parole). For enumerated violent and drug offenses, you can apply to the Idaho Commission of Pardons and Parole 5 years after final discharge. For murder convictions or sentences with firearm enhancements, a gubernatorial pardon is required.

What does 'final discharge' mean in Idaho?

Final discharge means satisfactory completion of all components of your sentence, including imprisonment, probation, and parole. It is the date when you are fully released from state supervision. This is the trigger date for both automatic restoration (non-enumerated offenses) and the start of the 5-year waiting period (enumerated offenses).

How do I apply to the Idaho Commission of Pardons and Parole for firearm rights restoration?

Visit the Commission's website at parole.idaho.gov and download the Restoration of Firearms Rights application. Complete it with your personal information, criminal history, and supporting documentation. Submit the application to the Commission. Hearings are held quarterly in January, April, July, and October. The Commission conducts a background investigation before scheduling your hearing.

What offenses are on the enumerated list in Idaho Code 18-310?

The enumerated list includes aggravated assault, aggravated battery, assault with intent to commit a serious felony, battery with intent to commit a serious felony, kidnapping, first- and second-degree murder, voluntary manslaughter, robbery, rape, drug manufacturing/delivery/possession with intent, felony firearm offenses, burglary, arson, and many others. The full list spans paragraphs (a) through (jj) of subsection (2). Review the statute or consult an attorney to check your specific offense.

What is the penalty for unlawful possession of a firearm in Idaho?

Under Idaho Code 18-3316, a convicted felon who possesses a firearm is guilty of a felony punishable by up to 5 years imprisonment and a fine of up to $5,000. Federal charges under 18 USC 922(g)(1) may also apply, carrying penalties of up to 15 years in federal prison.

Does the Commission always grant firearm rights restoration?

No. The Commission has discretion to approve or deny applications. Factors considered include the nature and seriousness of the offense, time elapsed since discharge, criminal history, evidence of rehabilitation, employment history, and community standing. The Commission may deny your application if it determines that restoration would not be in the public interest.

Can I possess long guns but not handguns in Idaho with a felony conviction?

No. Idaho Code 18-3316 prohibits a convicted felon from possessing any firearm — the prohibition is not limited to handguns. Both long guns and handguns are prohibited until your rights are restored through automatic restoration, Commission approval, or a pardon.

What about the new federal 18 USC 925(c) process — can that help Idaho felons?

The DOJ revived the 18 USC 925(c) petition process in 2025-2026, allowing individuals to petition the ATF for relief from federal firearms disabilities. This is a federal remedy independent of Idaho state law. If approved, it would lift the federal ban under 18 USC 922(g)(1). However, it would not override the state prohibition under Idaho Code 18-3316 — you would still need state-level restoration for state-law purposes.

Felon Gun Rights in Idaho

Automatic restoration

It depends on the offense. For most felonies in Idaho, your gun rights are automatically restored when you complete your sentence (including probation and parole) — no application required. If your conviction was for one of the enumerated violent or drug offenses, you must wait 5 years after final discharge and apply to the Idaho Commission of Pardons and Parole. If your conviction was for murder or involved a firearm sentence enhancement, only a gubernatorial pardon can restore your gun rights.

Last updated: 2026-03-21

Overview

Idaho automatically restores firearm rights upon final discharge (satisfactory completion of imprisonment, probation, and parole) for most felony convictions under Idaho Code 18-310. However, persons convicted of certain enumerated violent and drug offenses listed in subsection (2), paragraphs (a) through (jj), do not receive automatic restoration and must wait 5 years after final discharge before applying to the Idaho Commission of Pardons and Parole for restoration. Persons convicted of first- or second-degree murder, or any enumerated offense where the sentence was enhanced for firearm use, are permanently barred from restoration through the Commission — a full gubernatorial pardon is their only option.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms. Idaho's automatic restoration of civil rights under Idaho Code 18-310 is generally recognized as lifting the federal firearms disability for non-enumerated felonies because the statute restores full citizenship rights (including voting, holding office, and serving on juries) upon final discharge without expressly excluding firearms. For enumerated offenses, a successful application to the Commission of Pardons and Parole or a gubernatorial pardon should also lift the federal ban. The revived 18 USC 925(c) federal petition process, reopened by the DOJ in 2025-2026, may provide an additional federal pathway for relief.

Can restore gun rights

✓Persons convicted of non-enumerated felonies — gun rights automatically restored upon final discharge (completion of imprisonment, probation, and parole)
✓Persons convicted of enumerated offenses under Idaho Code 18-310(2)(a)-(jj) — may apply to the Commission of Pardons and Parole 5 years after final discharge
✓Persons who receive a full gubernatorial pardon — restores all civil rights including firearms
✓Persons whose conviction is nullified by expungement, pardon, or setting aside the conviction
✓Persons eligible for the revived federal 18 USC 925(c) petition process for relief from federal firearms disabilities

Cannot restore gun rights

✗Persons convicted of first-degree murder or second-degree murder — the Commission cannot restore firearm rights; only a pardon can
✗Persons convicted of any enumerated offense where the sentence was enhanced for use of a firearm during commission of the felony — the Commission cannot restore firearm rights; only a pardon can
✗Persons who have not yet reached final discharge (still incarcerated, on probation, or on parole)
✗Persons convicted of misdemeanor domestic violence offenses — prohibited under federal law (18 USC 922(g)(9)) regardless of state rights
✗Persons convicted of federal felonies — Idaho's restoration mechanism applies only to Idaho state convictions; federal convictions require federal relief

Step-by-Step Process

Determine your offense category

Review your conviction to determine whether it falls under the enumerated offenses in Idaho Code 18-310(2)(a)-(jj). These include aggravated assault, aggravated battery, kidnapping, robbery, rape, drug manufacturing/delivery, and many other violent and drug crimes. If your offense is NOT on the list, your rights are automatically restored upon final discharge. If it IS on the list, you must apply to the Commission.

Confirm final discharge (all felonies)

Final discharge means satisfactory completion of ALL terms of your sentence, including imprisonment, probation, and parole. For non-enumerated felonies, your firearm rights are automatically restored at this point with no further action needed. Verify your discharge status with the Idaho Department of Correction.

Wait 5 years after final discharge (enumerated offenses only)

If your conviction is for an enumerated offense, you must wait a full 5 years after the date of final discharge before the Commission of Pardons and Parole will accept your application. During this waiting period, maintain a clean record.

Submit application to the Commission of Pardons and Parole

Obtain the Restoration of Firearms Rights application from the Commission's website (parole.idaho.gov). Complete the application with your personal information, criminal history, and supporting documentation. The Commission schedules hearings during January, April, July, and October.

Background investigation

Upon receipt of your application, the Commission conducts an investigation that includes a criminal records check, employment history review, evaluation of your status as a citizen, and investigation into other prosocial accomplishments. This process ensures the Commission has a full picture of your rehabilitation.

Attend the hearing

The Commission holds hearings in open session during the scheduled quarterly months. You may be required to attend and present your case. The Commission considers factors including the nature of the offense, time elapsed, criminal history, rehabilitation efforts, and community standing.

Receive the Commission's decision

The Commission votes on your application. If approved, your right to ship, transport, possess, or receive a firearm is restored under Idaho law. If denied, you may reapply after the Commission's specified waiting period. Keep documentation of the Commission's order for your records and for any future background checks.

Waiting Period

For non-enumerated felonies, firearm rights are restored immediately upon final discharge — no waiting period. For enumerated violent and drug offenses under Idaho Code 18-310(2)(a)-(jj), you must wait 5 years after final discharge before applying to the Commission of Pardons and Parole. The Commission holds hearings quarterly (January, April, July, October). For persons convicted of murder or whose sentence included a firearm enhancement, only a gubernatorial pardon can restore rights, and there is no fixed waiting period for pardon applications.

Key Laws

Law	Year	Description
Idaho Code 18-310 — Imprisonment: Effect on Civil Rights and Offices	1972 (amended multiple times, most recently 2024)	Provides that a sentence of custody suspends all civil rights during imprisonment. Upon final discharge, full citizenship rights are restored for most felonies. Lists enumerated offenses (paragraphs (a)-(jj)) for which firearm rights are NOT automatically restored. Establishes the 5-year waiting period and Commission application process for enumerated offenses. Permanently bars the Commission from restoring firearm rights for murder convictions and firearm-enhanced sentences.
Idaho Code 18-3316 — Unlawful Possession of a Firearm	1992 (amended multiple times)	Makes it a felony for a person previously convicted of a felony to purchase, own, possess, or have custody or control of any firearm. Punishable by up to 5 years imprisonment and a $5,000 fine. Provides exceptions for persons whose conviction has been nullified by expungement, pardon, or setting aside, or whose civil right to bear arms has been restored under Idaho law.
IDAPA 50.01.01.551 — Commission Rules for Firearms Rights Restoration	2010	Administrative rules governing the Commission of Pardons and Parole's process for reviewing and granting applications for restoration of firearms rights under Idaho Code 18-310. Establishes investigation procedures, hearing schedules, and criteria for decision-making.
Idaho Constitution, Article IV, Section 7 — Pardoning Power	1890	Grants the Governor the power to grant pardons upon recommendation of the Commission of Pardons and Parole. A gubernatorial pardon restores all civil rights, including firearms, and is the only option for persons convicted of murder or with firearm sentence enhancements.

Edge Cases

My felony conviction is not on the enumerated list — are my gun rights truly automatically restored?

Yes, under Idaho state law. Idaho Code 18-310 provides that upon final discharge, full citizenship rights are restored for all felonies NOT listed in subsection (2)(a)-(jj). No application, petition, or waiting period is required. However, you should verify your offense is truly not enumerated, as the list is extensive and includes categories like 'any felony in which the court finds that a firearm was used or was attempted to be used.' Federal law also requires that the state restoration be effective — consult an attorney to confirm.

What if my sentence included a firearm enhancement?

This is a critical distinction. If your sentence for any enumerated offense was enhanced for the use of a firearm during commission of the felony, the Commission of Pardons and Parole CANNOT restore your firearm rights. A gubernatorial pardon is your only option. This applies even to offenses that would otherwise be eligible for Commission restoration after 5 years.

Can I possess firearms in Idaho if my felony conviction was from another state?

Idaho Code 18-3316 defines 'convicted of a felony' to include 'a comparable felony crime in another state, territory, commonwealth, or other jurisdiction.' If the other state has restored your civil right to bear arms, Idaho should recognize that restoration. If not, you remain prohibited under both Idaho and federal law. Consult an attorney familiar with interstate firearm rights restoration.

Does Idaho's automatic restoration for non-enumerated felonies lift the federal firearms ban?

Generally yes. Under 18 USC 921(a)(20), a state restoration of civil rights that does not expressly exclude firearms is recognized as lifting the federal firearms disability. Idaho Code 18-310 restores 'full rights of citizenship' upon final discharge for non-enumerated offenses without excluding firearms, which should satisfy the federal standard. However, federal law has independent prohibitions (such as for domestic violence), and you should verify your status with an attorney.

What drug offenses are on the enumerated list?

Idaho Code 18-310(2) includes drug manufacturing, delivery, and possession with intent to deliver controlled substances among the enumerated offenses. Simple possession felonies may not be enumerated depending on the specific statute of conviction. Review the exact statutory section cited in your judgment of conviction to determine whether your drug offense is on the enumerated list.

Can I apply for a gubernatorial pardon instead of going through the Commission?

Yes. A gubernatorial pardon is an alternative path that restores all civil rights including firearms. If you receive a pardon, there is no need to separately apply for firearms rights restoration. However, Idaho pardons require recommendation from the Commission of Pardons and Parole to the Governor, and pardons are generally more difficult to obtain than a firearms restoration through the Commission.

Frequently Asked Questions

Can a felon get gun rights back in Idaho?: Yes. For most non-enumerated felonies, gun rights are automatically restored when you complete your entire sentence (imprisonment, probation, and parole). For enumerated violent and drug offenses, you can apply to the Idaho Commission of Pardons and Parole 5 years after final discharge. For murder convictions or sentences with firearm enhancements, a gubernatorial pardon is required.
What does 'final discharge' mean in Idaho?: Final discharge means satisfactory completion of all components of your sentence, including imprisonment, probation, and parole. It is the date when you are fully released from state supervision. This is the trigger date for both automatic restoration (non-enumerated offenses) and the start of the 5-year waiting period (enumerated offenses).
How do I apply to the Idaho Commission of Pardons and Parole for firearm rights restoration?: Visit the Commission's website at parole.idaho.gov and download the Restoration of Firearms Rights application. Complete it with your personal information, criminal history, and supporting documentation. Submit the application to the Commission. Hearings are held quarterly in January, April, July, and October. The Commission conducts a background investigation before scheduling your hearing.
What offenses are on the enumerated list in Idaho Code 18-310?: The enumerated list includes aggravated assault, aggravated battery, assault with intent to commit a serious felony, battery with intent to commit a serious felony, kidnapping, first- and second-degree murder, voluntary manslaughter, robbery, rape, drug manufacturing/delivery/possession with intent, felony firearm offenses, burglary, arson, and many others. The full list spans paragraphs (a) through (jj) of subsection (2). Review the statute or consult an attorney to check your specific offense.
What is the penalty for unlawful possession of a firearm in Idaho?: Under Idaho Code 18-3316, a convicted felon who possesses a firearm is guilty of a felony punishable by up to 5 years imprisonment and a fine of up to $5,000. Federal charges under 18 USC 922(g)(1) may also apply, carrying penalties of up to 15 years in federal prison.
Does the Commission always grant firearm rights restoration?: No. The Commission has discretion to approve or deny applications. Factors considered include the nature and seriousness of the offense, time elapsed since discharge, criminal history, evidence of rehabilitation, employment history, and community standing. The Commission may deny your application if it determines that restoration would not be in the public interest.
Can I possess long guns but not handguns in Idaho with a felony conviction?: No. Idaho Code 18-3316 prohibits a convicted felon from possessing any firearm — the prohibition is not limited to handguns. Both long guns and handguns are prohibited until your rights are restored through automatic restoration, Commission approval, or a pardon.
What about the new federal 18 USC 925(c) process — can that help Idaho felons?: The DOJ revived the 18 USC 925(c) petition process in 2025-2026, allowing individuals to petition the ATF for relief from federal firearms disabilities. This is a federal remedy independent of Idaho state law. If approved, it would lift the federal ban under 18 USC 922(g)(1). However, it would not override the state prohibition under Idaho Code 18-3316 — you would still need state-level restoration for state-law purposes.

Take Action — Direct Links

Idaho Commission of Pardons and Parole — Firearms Rights Restoration
Official information and application forms for restoring firearm rights through the Commission. Includes eligibility requirements, application instructions, and hearing schedules.
Idaho Legislature — Idaho Code 18-310
Full text of the statute governing civil rights restoration upon final discharge, including the enumerated offenses list and Commission restoration process.
Idaho Legislature — Idaho Code 18-3316
Full text of the unlawful possession of a firearm statute, including definitions, penalties, and exceptions.
Idaho State Bar — Preserving and Restoring Firearms Rights
Detailed legal article by an Idaho attorney explaining the complexities of Idaho firearms rights restoration, including practical guidance for attorneys and individuals.
Collateral Consequences Resource Center — Idaho Profile
Comprehensive guide to Idaho restoration of rights, pardon, expungement, and sealing — including gun rights restoration.
ATF — Federal Firearms Disabilities and 18 USC 925(c) Relief
Federal information on firearms disabilities under 18 USC 922(g) and the revived 925(c) petition process for relief from federal firearms prohibitions.