Bill description: HB 585 would make it a misdemeanor offense for an individual who has been convicted of a domestic violence charge within the previous two years to own, possess, or purchase a firearm.
Does it violate the spirit or the letter of either the US Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
Currently, individuals who are convicted of committing misdemeanor domestic violence can receive up to a $1,000 fine and up to six months in jail.
HB 585 would also prohibit these individuals from owning, possessing, or purchasing a firearm for a period of two years after their conviction. If they are convicted of this new firearm-possession charge, the individual would be charged with an additional misdemeanor, fined up to an additional $1,000, and sentenced up to an additional six months in jail.
HB 585 would infringe on the right of these individuals to own a firearm. Currently, the only other blanket prohibition for firearms due to a criminal conviction is for those who have committed a felony. To expand the prohibition on the right to bear arms to a person convicted of a misdemeanor charge opens the door to additional restrictions for an ever-growing list of offenses and a growing usurpation of other constitutional protections.