EISMANN, Justice.
This is an appeal out of Ada County from a judgment dismissing an action filed by a Pennsylvania resident who had previously been convicted of rape in Idaho. The Plaintiff sought a declaration that his right to ship, transport, possess, or receive a firearm had been restored under Idaho law. We affirm the judgment of the district court.
On June 11, 1992, Todd Rich was indicted for the felony crime of rape allegedly committed between November 1991 and January 1992; he pled guilty on August 19, 1992; and on October 23, 1992, the district court sentenced him to six years in the custody of the Idaho Board of Correction. The district court retained jurisdiction for 120 days, and ultimately suspended the remainder of Mr. Rich's sentence and placed him on probation. Mr. Rich successfully completed his probation on or about March 2, 2004.
On March 3, 2004, Mr. Rich filed a motion asking the district court in his criminal case for relief pursuant to Idaho Code section 19-2604(2).
At some point, Mr. Rich moved to Pennsylvania, where he currently resides. He apparently applied for permission to possess a firearm in Pennsylvania. His request was denied by an administrative law judge who ordered:
On November 29, 2013, Mr. Rich filed this action seeking a declaratory judgment that he "may lawfully purchase, own, possess or have under his custody or control a firearm under the laws of the State of Idaho." The State responded by contending that Mr. Rich has no standing to seek such relief.
The district court dismissed the case on two alternative grounds. First, the district court held that Mr. Rich did not have standing because no real, substantial, and concrete controversy now exists. The court wrote that Mr. Rich did not assert that he was under any threat of arrest or prosecution for unlawful possession of a firearm and if the court "were to render the declaratory judgment that [Mr. Rich] requests, it would do so based solely on a hypothetical set of facts, i.e., that [Mr. Rich] could be charged in Idaho for felon-in-possession if he were in Idaho, which he is not." The district court's second ground was that "Idaho Code 18-310(3) provides the mechanism for the restoration of civil rights is through application to the commission of pardons and parole, not through the District Court." On April 18, 2014, the district court entered a judgment dismissing this action with prejudice.
On May 1, 2014, Mr. Rich filed a motion to reconsider on the ground that he did have standing and that his right to ship, transport, possess or receive a firearm was restored pursuant to Idaho Code section 19-2604. The court denied the motion, writing:
In a footnote to the first sentence quoted above, the district court stated, "Further, even though Mr. Rich's conviction was reduced to a misdemeanor, it does not change that he was convicted of rape."
In its order denying the motion to reconsider, the court concluded: "Finally, the Court reemphasizes that Mr. Rich may still attempt relief under Idaho Code § 18-310(3). The Court does not say whether this will have any effect on Idaho, Pennsylvania, or Federal law." (Footnote omitted.) The court denied the motion to amend the judgment. Mr. Rich then timely appealed.
On appeal, Mr. Rich contends that the district court erred in holding that he lacked standing. "To satisfy the requirement of standing litigants must allege an injury in fact, a fairly traceable causal connection
As stated above, the district court based its decision on two alternative grounds — lack of standing and the authority of the commission of pardons and parole, not the district court, to restore the right to ship, transport, possess, or receive a firearm.
We affirm the judgment of the district court and award the State costs on appeal.
Chief Justice J. JONES, Justices BURDICK, W. JONES, and HORTON concur.
Ch. 305, § 1, 1989 Idaho Sess. Laws 759, 759.