Idaho Code
Idaho Code § 18-310 (2026)
Imprisonment — Effect on civil rights and offices.
✓ current as of May 2026
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Imprisonment — Effect on civil rights and offices.
(1) A sentence of custody to the Idaho state board of correction suspends all the civil rights of the person so sentenced, including the right to refuse treatment authorized by the sentencing court, and forfeits all public offices and all private trusts, authority or power during such imprisonment: provided that any such person may bring an action for damages or other relief in the courts of this state or have an action brought against such person; and provided further that any such person may lawfully exercise all civil rights that are not political during any period of parole or probation, except the right to ship, transport, possess or receive a firearm, and the right to refuse treatment authorized by the sentencing court.
(2) Upon final discharge, a person convicted of any Idaho felony shall be restored the full rights of citizenship, except that for persons convicted of treason or those offenses enumerated in paragraphs (a) through (hh) of this subsection the right to ship, transport, possess or receive a firearm shall not be restored. As used in this subsection, "final discharge" means satisfactory completion of imprisonment, probation and parole as the case may be.
(e) Burglary (18-1401, Idaho Code);
(f) Domestic battery, felony (18-918, Idaho Code);
(g) Enticing of children, felony (18-1509, Idaho Code);
(h) Forcible sexual penetration by use of a foreign object (18-6604, Idaho Code);
(i) Indecent exposure, felony (18-4116, Idaho Code);
(j) Injury to child, felony (18-1501, Idaho Code);
(k) Intimidating a witness, felony (18-2604, Idaho Code);
(l) Lewd conduct with a minor or child under sixteen (18-1508, Idaho Code);
(m) Sexual abuse of a child under sixteen (18-1506, Idaho Code);
(n) Sexual exploitation of a child (18-1507, Idaho Code);
(o) Felonious rescuing prisoners (18-2501, Idaho Code);
(p) Escape by one charged with, convicted of or on probation for a felony (18-2505, Idaho Code);
(q) Unlawful possession of a firearm (18-3316, Idaho Code);
(r) Degrees of murder (18-4003, Idaho Code);
(s) Voluntary manslaughter (18-4006(1), Idaho Code);
(t) Assault with intent to murder (18-4015, Idaho Code);
(u) Administering poison with intent to kill (18-4014, Idaho Code);
(v) Kidnapping (18-4501, Idaho Code);
(w) Mayhem (18-5001, Idaho Code);
(x) Rape (18-6101, Idaho Code);
(y) Robbery (18-6501, Idaho Code);
(z) Ritualized abuse of a child (18-1506A, Idaho Code);
(aa) Cannibalism (18-5003, Idaho Code);
(bb) Felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance (37-2732, Idaho Code);
(cc) Trafficking (37-2732B, Idaho Code);
(dd) Threats against state officials of the executive, legislative or judicial branch, felony (18-1353A, Idaho Code);
(ee) Unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home (18-3317, Idaho Code);
(ff) Unlawful possession of destructive devices (18-3319, Idaho Code);
(gg) Unlawful use of destructive device or bomb (18-3320, Idaho Code);
(hh) Attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code), or solicitation (18-2001, Idaho Code), to commit any of the crimes described in paragraphs (a) through (gg) of this subsection.
(ii) The provisions of this subsection shall apply only to those persons convicted of the enumerated felonies in paragraphs (a) through (hh) of this subsection on or after July 1, 1991, except that persons convicted of the felonies enumerated in paragraphs (r) and (s) of this subsection, for any degree of murder or voluntary manslaughter, shall not be restored the right to ship, transport, possess or receive a firearm, regardless of the date of their conviction if the conviction was the result of an offense committed by use of a firearm.
(3) A person not restored to the civil right to ship, transport, possess or receive a firearm may make application to the commission of pardons and parole to restore the civil right to ship, transport, possess or receive a firearm. The commission shall not accept any such application until five (5) years after the date of final discharge. The commission shall conduct the proceeding upon such application pursuant to rules adopted in accordance with the law. The commission shall not restore the right to ship, transport, possess or receive a firearm to any person convicted of murder in the first degree (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho Code), or any felony enumerated in paragraphs (a) through (hh) of subsection (2) of this section, upon which the sentence was enhanced for the use of a firearm during the commission of said felony.
(4) Persons convicted of felonies in other states or jurisdictions shall be allowed to register and vote in Idaho upon final discharge which means satisfactory completion of imprisonment, probation and parole as the case may be. These individuals shall not have the right restored to ship, transport, possess or receive a firearm in the same manner as an Idaho felon as provided in subsection (2) of this section.
Notes of Decisions
Cited in 29
cases (7 in the last 5 years), 1985–2025 · leading case: Todd Rich v. State of Idaho, 364 P.3d 254 (Idaho 2015).
Todd Rich v. State of Idaho, 364 P.3d 254 (Idaho 2015). “Rich may still attempt relief under Idaho Code § 18-310 (3). The Court does not say whether this will have any effect on Idaho, Pennsylvania, or Federal law.”
State v. Hanes, 44 P.3d 295 (Idaho Ct. App. 2002). “The civil rights of a defendant who has been granted a withheld judgment and placed on probation are merely suspended during the period of probation by operation of I.C. § 18-310. However, I.C. § 18-310(2) is clear that upon completion of probation the suspension of the…”
State v. Bob Lester Boren, 328 P.3d 478 (Idaho 2014). “Boren filed a motion to dismiss in district court, arguing that his two prior felony convictions could not be used to support the unlawful possession of a firearm charge because his right to bear arms had been restored under Idaho Code § 18-310 . The district court denied…”
United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “One of the crimes listed in Idaho Code § 18-310 , "'[C]onvicted of a felony' shall include .”
State v. Hardwick, 249 P.3d 379 (Idaho 2011). “Idaho Code § 18-310 (2). 1 During oral argument, Defendant admitted that he has satisfactorily completed his probation and has been restored to his civil rights.”
State v. Andrey Sergeyevich Yermola, 367 P.3d 180 (Idaho 2016). “For a prior conviction in another state to be a felony under the statute, it must be a felony crime that is comparable to one of the Idaho crimes listed in Idaho Code section 18-310. I.C. § 18-3316(2). The district court ruled that the elements of the out-of-state crime of which…”
James E. Coakley v. Alfred I. Murphy, 884 F.2d 1218 (9th Cir. 1989). “He stated he was “civilly dead” as a prisoner and precluded by Idaho Code § 18-310 (as amended 1982) from entering into contractual relationships.”
United States v. Gutierrez (Idaho 2021). “The question certified is: Whether an Idaho state court order reducing the defendant’s judgment of conviction for felony burglary to a judgment of conviction for misdemeanor petit theft under the authority of Idaho Code § 19-2604 (2) changes the operative conviction for the 1…”
Freeman v. State, Dep't of Corr., 4 P.3d 1132 (Idaho Ct. App. 2000). “Freeman challenged IDOC policy and procedures § 318 and § 402, as well as the constitutionality of Idaho Code §§ 18-310 ; 20-209D, 20-209E and 29-101.”
United States v. Baldemar Gomez, 911 F.2d 219 (9th Cir. 1990). “We note that the Attorney General for the state of Idaho has rendered a legal opinion to the effect that the term "rights of citizenship," as used in Idaho Code § 18-310 (2), means "civil rights.”
State v. Slinkard (Idaho Ct. App. 2025). “Slinkard argues his previous conviction for forgery is not one of the felonies enumerated in I.C. § 18-310 and therefore, he had 2 not been “convicted of a felony” for purposes of I.”
State v. Forbes, 275 P.3d 864 (Idaho 2012). “(citing I.C. § 18-310(2)). As this Court held in Hardwick , the amendment’s non-punitive purpose is supported by the Legislature’s decision not to eliminate these rights.”
— Idaho Code § 18-310(1) — 5 cases
State v. Slinkard (Idaho Ct. App. 2025). “Slinkard argues his previous conviction for forgery is not one of the felonies enumerated in I.C. § 18-310 and therefore, he had 2 not been “convicted of a felony” for purposes of I.”
United States v. Gutierrez (Idaho 2021). “The question certified is: Whether an Idaho state court order reducing the defendant’s judgment of conviction for felony burglary to a judgment of conviction for misdemeanor petit theft under the authority of Idaho Code § 19-2604 (2) changes the operative conviction for the 1…”
Peterson v. Gunderson, 516 P.3d 1095 (Idaho Ct. App. 2022).
State v. Herrera (Idaho Ct. App. 2020).
Michael A. Dotts v. Warden Little (Idaho Ct. App. 2014).
— Idaho Code § 18-310(2) — 14 cases
State v. Hanes, 44 P.3d 295 (Idaho Ct. App. 2002). “The civil rights of a defendant who has been granted a withheld judgment and placed on probation are merely suspended during the period of probation by operation of I.C. § 18-310. However, I.C. § 18-310(2) is clear that upon completion of probation the suspension of the…”
Todd Rich v. State of Idaho, 364 P.3d 254 (Idaho 2015). “Rich may still attempt relief under Idaho Code § 18-310 (3). The Court does not say whether this will have any effect on Idaho, Pennsylvania, or Federal law.”
State v. Andrey Sergeyevich Yermola, 367 P.3d 180 (Idaho 2016). “For a prior conviction in another state to be a felony under the statute, it must be a felony crime that is comparable to one of the Idaho crimes listed in Idaho Code section 18-310. I.C. § 18-3316(2). The district court ruled that the elements of the out-of-state crime of which…”
State v. Forbes, 275 P.3d 864 (Idaho 2012). “(citing I.C. § 18-310(2)). As this Court held in Hardwick , the amendment’s non-punitive purpose is supported by the Legislature’s decision not to eliminate these rights.”
State v. Bob Lester Boren, 328 P.3d 478 (Idaho 2014). “Boren filed a motion to dismiss in district court, arguing that his two prior felony convictions could not be used to support the unlawful possession of a firearm charge because his right to bear arms had been restored under Idaho Code § 18-310 . The district court denied…”
— Idaho Code § 18-310(2)(a) — 1 case
Peterson v. Gunderson, 516 P.3d 1095 (Idaho Ct. App. 2022).
— Idaho Code § 18-310(2)(f) — 1 case
State v. Reyes (Idaho Ct. App. 2023).
— Idaho Code § 18-310(2)(kk) — 1 case
State v. Bob L. Boren - Poss (Idaho Ct. App. 2013).
— Idaho Code § 18-310(2)(n) — 1 case
Peterson v. Gunderson, 516 P.3d 1095 (Idaho Ct. App. 2022).
— Idaho Code § 18-310(2)(o) — 1 case
Peterson v. Gunderson, 516 P.3d 1095 (Idaho Ct. App. 2022).
— Idaho Code § 18-310(3) — 5 cases
Todd Rich v. State of Idaho, 364 P.3d 254 (Idaho 2015). “Rich may still attempt relief under Idaho Code § 18-310 (3). The Court does not say whether this will have any effect on Idaho, Pennsylvania, or Federal law.”
State v. Bob Lester Boren, 328 P.3d 478 (Idaho 2014). “Boren filed a motion to dismiss in district court, arguing that his two prior felony convictions could not be used to support the unlawful possession of a firearm charge because his right to bear arms had been restored under Idaho Code § 18-310 . The district court denied…”
United States v. Gutierrez (Idaho 2021). “The question certified is: Whether an Idaho state court order reducing the defendant’s judgment of conviction for felony burglary to a judgment of conviction for misdemeanor petit theft under the authority of Idaho Code § 19-2604 (2) changes the operative conviction for the 1…”
Bob Lester Boren v. State (Idaho Ct. App. 2016).
Peterson v. Gunderson, 516 P.3d 1095 (Idaho Ct. App. 2022).
— Idaho Code § 18-310(4) — 3 cases
State v. Bob Lester Boren, 328 P.3d 478 (Idaho 2014). “Boren filed a motion to dismiss in district court, arguing that his two prior felony convictions could not be used to support the unlawful possession of a firearm charge because his right to bear arms had been restored under Idaho Code § 18-310 . The district court denied…”
Bob Lester Boren v. State (Idaho Ct. App. 2016).
State v. Bob L. Boren - Poss (Idaho Ct. App. 2013).
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