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328 P.3d 478
Idaho
2014
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Background

  • 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)
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Case Details

Case Name: State v. Bob Lester Boren
Court Name: Idaho Supreme Court
Date Published: Jun 17, 2014
Citations: 328 P.3d 478; 2014 WL 2742881; 2014 Ida. LEXIS 150; 156 Idaho 498; 41115
Docket Number: 41115
Court Abbreviation: Idaho
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