Idaho Admin. Code r. 50.01.01.551

Current through September 2, 2024
Section 50.01.01.551 - RESTORATION OF FIREARMS RIGHTS PURSUANT TO SECTION 18-310, IDAHO CODE
01.General. Any restoration pursuant to Section 18-310, Idaho Code is not a pardon for the conviction of a crime, nor is the applicant's criminal record expunged.
02.Application. An application may be obtained from the Commission office or on the Commission website. The application must be original, in writing and returned to the Commission office.
a. All court convictions, judgment orders, including any dismissal documents, as well as police reports related to said convictions must accompany the application.
b. An application may be submitted once every twelve (12) months from the date of denial.
c. Review or deliberation on the petition will be conducted in executive session.
d. The Commission will determine whether a hearing will be granted and the applicant will be advised of the decision.
e. No applications will be considered for individuals who are incarcerated or on supervision.
f. An application may not be considered if there is significant law enforcement contact since sentence or discharge.
g. 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:
i. A criminal records check will be conducted to include any law enforcement contact since release from supervision or incarceration.
ii. The applicant's employment history since the date of final discharge of the crime for which they are requesting restoration of firearm rights.
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.
iv. The applicant's employment and education status, including any professional or vocational achievements, training and any additional information as deemed necessary or appropriate.
v. Confirmation that all restitution and fines as ordered by the sentencing court have been paid.
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.
03.Hearing. The scheduling of a hearing is at the complete discretion of the Commission.
a. If a hearing is scheduled, the Commission will determine the date of the hearing.
b. Any hearing may be continued for additional information.
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.
i. The Commission shall make such appearance mandatory or may deny the restoration of firearm rights.
d. The applicant will be given written notice of the decision and such notice will be sent to the last known address.

Idaho Admin. Code r. 50.01.01.551

Effective July 1, 2024