Idaho Code
Idaho Code § 18-3316 (2026)
Unlawful possession of a firearm.
✓ current as of May 2026
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Unlawful possession of a firearm.
(1) A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000).
(2) For the purpose of subsection (1) of this section, "convicted of a felony" shall include a person who has entered a plea of guilty, nolo contendere or has been found guilty of any of the crimes enumerated in section 18-310, Idaho Code, or to a comparable felony crime in another state, territory, commonwealth, or other jurisdiction of the United States.
(3) Subsection (1) of this section shall not apply to a person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedure by the jurisdiction where the felony conviction occurred; or whose civil right to bear arms either specifically or in combination with other civil rights has been restored by any other provision of Idaho law.
Notes of Decisions
Cited in 152
cases (44 in the last 5 years), 1995–2026 · leading case: State v. Cook, 144 P.3d 28 (Idaho Ct. App. 2006).
State v. Cook, 144 P.3d 28 (Idaho Ct. App. 2006). “The relevant portion of the amended information filed in the instant case charged Cook as follows: COUNT I, UNLAWFUL PURCHASE OF A FIREARM, Idaho Code § 18-3316 That the defendant GUY MICHAEL COOK, on or about the 14th day of June, 2004, in the County of Kootenai, State of…”
Zivkovic v. State, 251 P.3d 611 (Idaho Ct. App. 2011). “FACTS AND PROCEDURE Zivkovic pled guilty to unlawful possession of a firearm by a felon, I.C. § 18-3316, and was admitted to the Oneida County DUP Drug Court program.”
State v. Wilson, 534 P.3d 547 (Idaho 2023). “Mark Wilson was charged in Custer County with unlawful possession of a firearm in violation of Idaho Code section 18-3316. The charge also carried with it a persistent violator sentencing enhancement.”
State v. Weaver, 900 P.2d 196 (Idaho 1995). “Walter Weaver was subsequently charged with unlawful possession of a firearm by a felon, I.C. § 18-3316, and grand theft by possession of stolen property, I.”
State v. Bob Lester Boren, 328 P.3d 478 (Idaho 2014). “Boren was subsequently charged with unlawful possession of a firearm in violation of Idaho Code § 18-3316 . That statute makes it a felony for any person who has been convicted of a felony to own, purchase, or possess a firearm.”
State v. Aguirre, 112 P.3d 848 (Idaho Ct. App. 2005). “The stop lasted between five and seven minutes. Aguirre, who had previously been convicted of a felony, was charged by information with one count of being a felon in possession of a firearm, I.”
State v. Dolsby, 145 P.3d 917 (Idaho Ct. App. 2006). “Dolsby entered a conditional guilty plea to unlawful possession of a firearm pursuant to I.C. § 18-3316(1), which states, in relevant part, “[a] person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm…”
State v. Maidwell, 50 P.3d 439 (Idaho 2002). “The legislature has made it illegal to possess various items, including possession of a handgun by a minor, IDAHO CODE § 18-3302F (1997), possession of a firearm by a felon, IDAHO CODE § 18-3316 (1997), possession of material that sexually exploits children for commercial or…”
State v. Maxim, 454 P.3d 543 (Idaho 2019). “”); Idaho Code § 18-3316 (a person convicted of a felony loses their rights under the Second Amendment to keep and bear arms).”
State v. Avila, 153 P.3d 1195 (Idaho Ct. App. 2006). “§ 19-2514, and a separate charge of unlawful possession of a firearm, I.C. § 18-3316. The court granted the former amendment but denied the latter.”
United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “any of Enticing of Children, has punishment of not more 9 Idaho Idaho Code § 18-3316 the crimes enumerated in [Idaho Code §] 18-310" than six months in prison.”
State v. Steven Clay Anderson, 302 P.3d 328 (Idaho 2012). “Anderson was arrested and charged with possession of a firearm by a felon under I.C. § 18-3316. He moved to suppress evidence of the firearm found in the search of the van on the basis that the traffic stop was unreasonably extended and that the officers lacked probable cause to…”
— Idaho Code § 18-3316(1) — 20 cases
State v. Cook, 144 P.3d 28 (Idaho Ct. App. 2006). “The relevant portion of the amended information filed in the instant case charged Cook as follows: COUNT I, UNLAWFUL PURCHASE OF A FIREARM, Idaho Code § 18-3316 That the defendant GUY MICHAEL COOK, on or about the 14th day of June, 2004, in the County of Kootenai, State of…”
State v. Dolsby, 145 P.3d 917 (Idaho Ct. App. 2006). “Dolsby entered a conditional guilty plea to unlawful possession of a firearm pursuant to I.C. § 18-3316(1), which states, in relevant part, “[a] person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm…”
State v. Wilson, 534 P.3d 547 (Idaho 2023). “Mark Wilson was charged in Custer County with unlawful possession of a firearm in violation of Idaho Code section 18-3316. The charge also carried with it a persistent violator sentencing enhancement.”
Zivkovic v. State, 251 P.3d 611 (Idaho Ct. App. 2011). “FACTS AND PROCEDURE Zivkovic pled guilty to unlawful possession of a firearm by a felon, I.C. § 18-3316, and was admitted to the Oneida County DUP Drug Court program.”
State v. Bob Lester Boren, 328 P.3d 478 (Idaho 2014). “Boren was subsequently charged with unlawful possession of a firearm in violation of Idaho Code § 18-3316 . That statute makes it a felony for any person who has been convicted of a felony to own, purchase, or possess a firearm.”
— Idaho Code § 18-3316(2) — 4 cases
State v. Cook, 144 P.3d 28 (Idaho Ct. App. 2006). “The relevant portion of the amended information filed in the instant case charged Cook as follows: COUNT I, UNLAWFUL PURCHASE OF A FIREARM, Idaho Code § 18-3316 That the defendant GUY MICHAEL COOK, on or about the 14th day of June, 2004, in the County of Kootenai, State of…”
State v. Andrey Sergeyevich Yermola, 367 P.3d 180 (Idaho 2016).
State v. Bob Lester Boren, 328 P.3d 478 (Idaho 2014). “Boren was subsequently charged with unlawful possession of a firearm in violation of Idaho Code § 18-3316 . That statute makes it a felony for any person who has been convicted of a felony to own, purchase, or possess a firearm.”
State v. Slinkard (Idaho Ct. App. 2025).
— Idaho Code § 18-3316(3) — 1 case
State v. Dolsby, 145 P.3d 917 (Idaho Ct. App. 2006). “Dolsby entered a conditional guilty plea to unlawful possession of a firearm pursuant to I.C. § 18-3316(1), which states, in relevant part, “[a] person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm…”
— Idaho Code § 18-3316(4) — 3 cases
State v. Cook, 144 P.3d 28 (Idaho Ct. App. 2006). “The relevant portion of the amended information filed in the instant case charged Cook as follows: COUNT I, UNLAWFUL PURCHASE OF A FIREARM, Idaho Code § 18-3316 That the defendant GUY MICHAEL COOK, on or about the 14th day of June, 2004, in the County of Kootenai, State of…”
State v. Bob Lester Boren, 328 P.3d 478 (Idaho 2014). “Boren was subsequently charged with unlawful possession of a firearm in violation of Idaho Code § 18-3316 . That statute makes it a felony for any person who has been convicted of a felony to own, purchase, or possess a firearm.”
State v. Bob L. Boren - Poss (Idaho Ct. App. 2013).
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