ID · jury_instructions
ICJI 1404
Defense: Prior Conviction Nullified
ICJI 1404 DEFENSE: PRIOR CONVICTION NULLIFIED
[A felony conviction does not make it unlawful to [own] [purchase] [possess] [control] [have custody of] a firearm if that conviction has been nullified through expunction, pardon, setting aside the conviction, or other comparable procedure by the jurisdiction where the felony conviction occurred.]
[The defendant cannot be guilty if the defendant's right to bear arms was restored by any provision of Idaho law before the alleged offense of Unlawfully Possessing a Firearm occurred.]
The state must prove beyond a reasonable doubt that the defendant's [conviction was not nullified through any of the procedures described above] [right to bear arms was not restored by any provisions of Idaho law].
Comment
I.C. s 18-3316(4).
Because the exceptions contained in subsection (4) of I.C. s 18-3316 are not an integral part of the definition of the crime as found in subsection (1), they are not elements of the offense that the state must disprove in its case in chief. Robinson v. State, 283 S.E.2d 356 (Ga. Ct. App. 1981); State v. Alley, 263 A.2d 66 (Me. 1970). Cf., State v. Segovia, 93 Idaho 208, 457 P.2d 905 (1969), where an exception contained within the statutory definition of the crime was held to be an element of that crime.
This instruction should be given only if evidence has been produced supporting it.
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
d8d72b34a4b39a99b8d0e05722409c89244f14769bc979c51bf2352d4b372f8c
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