328 P.3d 478
Idaho2014Background
- On July 15, 2011, police searched Boren's Canyon County home and found a .22 pistol and a .22 rifle.
- Boren was charged with unlawful possession of a firearm under Idaho Code § 18-3316, based on prior felonies from Nevada and Oregon.
- Idaho law § 18-3316(1) bars felons from possessing firearms; § 18-3316(4) more broadly addresses restoration of rights.
- Boren moved to dismiss, arguing his firearm rights were restored under Idaho law § 18-310; district court denied.
- Boren entered a conditional guilty plea; district court imposed a split sentence, but suspended it and placed him on probation; the Court of Appeals vacated the conviction and this Court reviewed.
- The Supreme Court ultimately held that Boren’s right to bear arms was not restored by Idaho law, and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 18-3316(4) restores rights for out-of-state felons | State contends no automatic restoration under § 18-3316(4). | Boren argues § 18-310(2)–(4) or related provisions restore his right to bear arms after final discharge for out-of-state felonies. | No automatic restoration; conviction affirmed. |
Key Cases Cited
- State v. Oliver, 149 Idaho (2007) (statutory interpretation standard; appellate review)
- Albee v. Judy, 136 Idaho 226 (2001) (statutory interpretation; free review)
