How to not lose your gun rights in Idaho

EastIdahoNews.com file photo Across Idaho, we the people own guns for a myriad of reasons. And we do not need to justify our reasons to the government. That is thanks to the Second Amendment to the United States Constitution, as well as Section 11 of Article I of the Idaho Constitution. However, your right to possess a firearm can be revoked under certain circumstances. The easiest way to lose your gun rights, under both federal and state law, is to be convicted of a felony. Generally speaking, if incarceration in prison, as opposed to county jail, is an option at time of sentencing, the crime is a felony. One thing to keep in mind is that a “conviction” occurs at the time you are found guilty, not at the time the judgment of conviction enters, which is commonly months later. Additionally, a “withheld judgment” still counts as a conviction. Unfortunately, the only tips for avoiding losing your gun rights after being charged with a felony are to (a) avoid being convicted of the felony, either by fighting it or cutting a deal for a misdemeanor, or (b) convincing the prosecutor to amend the charge to one of a select few white-collar felonies described in section 921(20)(A) of Title 18, United States Code. Another way to lose your gun rights, albeit only under federal law, is to be convicted of a “misdemeanor crime of domestic violence.” And contrary to what many practitioners believe, pleading to battery, as opposed to domestic battery, will not preserve your gun rights if the battery was, in fact, against a person with whom you have a qualifying domestic relationship. Notably, the federal list of qualifying relationships is broader than the list contained in the Idaho Code. For instance, under Idaho law, neither a dating relationship nor a parent-child relationship can transform a battery into a domestic battery. But those relationships count for purposes of federal law. To add to the confusion, being in a domestic relationship need not be an element of the state-level misdemeanor. RELATED | The difference between assault and battery Fortunately, there are numerous non-violent misdemeanor offenses that you may be able to convince a prosecutor to amend your domestic violence misdemeanor charge down to, perhaps by offering a more intensive probation in return. These misdemeanors include trespass, unlawful entry, malicious injury to property, or obstructing officers, depending on factual circumstances. Prosecutors may also be more willing to accept a plea to false imprisonment, which is broadly defined as the unlawful violation of the personal liberty of another, because the maximum penalties for false imprisonment are one year in jail and a $5,000 fine. Finally, there are two common conditions that can lead to temporary loss of gun rights, so long as the condition exists. The first condition is being a “fugitive from justice” which means that you have fled from any state to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding. This could, theoretically, include being out of state while having a failure to appear warrant pending in a misdemeanor case. The second condition is being subject to a domestic violence protection order, which is specifically defined in section 922(g)(8) of Title 18, United States Code. There are many nuances not addressed in this article. This article should not be construed as providing legal advice as to any particular person. If you are charged with a crime, please consult with an attorney and inquire about the impact on your gun rights. Adam J. Ondo is a trial attorney for the Idaho State Public Defender’s Office. Before that, he worked in private practice, with a focus on family law and criminal law. He is also an avid hunter and participant in multiple shooting sports. This column provides general information and is not to be considered legal advice. Readers with specific legal questions should consult an attorney. The Idaho State Bar Association provides a lawyer referral service, through their website at https://isb.idaho.gov/.The post How to not lose your gun rights in Idaho appeared first on East Idaho News.
Source: eastidahonews.com