Weapons Charges Carry Serious Consequences. So Should Your Defense.

Weapons charges in Idaho carry a wide range of penalties depending on the specific offense, whether the case is prosecuted in state or federal court, and the defendant's prior criminal history. Below is an overview of the penalties for common firearms offenses.

Felon in Possession: State (Idaho Code § 18-3316): A convicted felon who possesses, carries, or has under their control any firearm commits a felony. The penalty is up to five years in state prison and a fine of up to $5,000. The prohibition period depends on the nature of the underlying felony conviction. Certain offenses may trigger a lifetime prohibition under state law.

Felon in Possession: Federal (18 U.S.C. § 922(g)): Federal law prohibits firearm possession by convicted felons, individuals convicted of misdemeanor domestic violence, unlawful drug users, and other categories of prohibited persons. A violation carries up to ten years in federal prison. If the defendant has three or more prior convictions for violent felonies or serious drug offenses, the Armed Career Criminal Act (18 U.S.C. § 924(e)) imposes a 15-year mandatory minimum sentence: making this one of the most severe penalties in federal criminal law.

Carrying a Concealed Weapon Without Eligibility: While Idaho allows permitless concealed carry for eligible residents, carrying a concealed weapon without meeting eligibility requirements is a criminal offense. A first offense is a misdemeanor. Subsequent offenses can be charged as a felony. This applies to non-residents who lack an Idaho permit and individuals under 18 years of age. The penalties include jail time, fines, and the potential loss of firearm rights.

Use of a Firearm During Commission of a Crime (Idaho Code § 19-2520): When a defendant uses or displays a firearm during the commission of certain enumerated offenses, the court must impose a mandatory sentence enhancement. This additional prison time is served on top of the sentence for the underlying crime and cannot be suspended or served concurrently. The enhancement adds significant years to the total sentence and gives prosecutors substantial leverage in plea negotiations.

Unlawful Discharge of a Firearm: Under Idaho Code § 18-3317, unlawfully discharging a firearm is a misdemeanor offense carrying up to six months in county jail and a fine of up to $1,000. While less serious than other firearms charges, a conviction still results in a criminal record.

Federal Firearms Violations: Federal firearms offenses: including straw purchases (buying a firearm on behalf of a prohibited person), possession of unregistered National Firearms Act items such as short-barreled rifles or suppressors, and illegal modifications such as converting a semi-automatic weapon to fully automatic: are all federal felonies. These charges are prosecuted in U.S. District Court and carry significant prison sentences, often with mandatory minimums. Federal firearms cases are investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and are subject to federal sentencing guidelines that limit judicial discretion. Attorney Barnum is admitted to federal court and serves on Idaho's CJA Panel, bringing the experience and results these cases require.