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GUN LAWS  

Idaho Gun Laws

Friday, July 1, 2016

STATE CONSTITUTIONAL PROVISION - Article 1, Section 11.

“The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person, nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.”

Gun Laws Overview

RIFLES & SHOTGUNS HANDGUNS
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No No*

*A permit to carry is available, but it is not required to carry a handgun either openly or concealed.  

The list and map below are included as a tool to assist you in validating your information.  We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change.  The information is not intended as legal advice or a restatement of law and does not include:  restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. (Some states honor Idaho's ENHANCED permit ONLY: AZ, DE, MN, NM, SC, VA, WA, WI, or only Idaho RESIDENT permits: https://www.isp.idaho.gov/BCI/concealedWeapons.html.)  For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

STATE STATUS
Castle Doctrine Enacted
No-Net Loss No Legislation
Right to Carry Confidentiality Provisions Enacted
Right to Carry in Restaurants Legal
Right To Carry Laws Shall Issue
Right To Carry Reciprocity and Recognition Outright Recognition
Right to Keep & Bear Arms State Constitutional Provisions With Provisions
Concealed Carry Reciprocity
Select Map
Click on a State to see the Gun Law Profile

 

Laws on Purchase, Possession and Carrying of Firearms

Purchase

There is no state permit required for the purchase of any rifle, shotgun, or handgun.

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A resident of the state of Idaho may purchase rifle and shotguns in a state contiguous to Idaho.  Residents of those states may purchase a rifle or shotgun In Idaho

It is unlawful to directly or indirectly sell to any minor under the age of eighteen years any weapon without the written consent of the parent or guardian of the minor.

It is unlawful to sell or give to any minor under the age of sixteen years any gunpowder, or any shells or fixed ammunition of any kind, except shells loaded for use in shotguns and for use in rifles of twenty-two (22) caliber or smaller, or any firearms of any description, without the written consent of the parents or guardian of such minor first had and obtained.

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Possession

No state permit is required to possess a rifle, shotgun or handgun.

It is unlawful to possess or carry any concealed weapon while intoxicated.

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It is unlawful for any felon to possess or control a firearm.  This does not apply to any person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedure; or whose civil right to bear arms either specifically or in combination with other civil rights has been restored.

It is unlawful for any person under the age of eighteen years to possess or have in possession any weapon, unless he has the written permission of his parent or guardian to possess the weapon; or is accompanied by his parent or guardian while he has the weapon in his possession.  An adult shall accompany any minor under the age of twelve years in possession of a weapon.  It is unlawful for any person under the age of eighteen years to possess or have in possession any handgun.  Except as provided by federal law, a minor under the age of eighteen years may not possess a sawed-off rifle or sawed-off shotgun; or a full automatic weapon. The prohibitions in this paragraph do not apply to the following:

  • patrons firing at lawfully operated target concessions at amusement parks and similar locations provided that the firearms to be used are firmly chained or affixed to the counters;
  • any person in attendance at a hunter’s safety course or a firearm’s safety course;
  • any person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearms not prohibited by state or local law;
  • any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;
  • any minor under eighteen years of age who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of the law;
  • any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting; and
  • any person traveling to or from any of these activities with an unloaded firearm in his possession.

It is unlawful for any person to possess a firearm while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation. This prohibition also applies to students of schools while attending or participating in any school sponsored activity, program or event regardless of location

It is unlawful for a child under 12 to have in his or her possession any shotgun, rifle, or other firearm while in the fields or forests or in any tent, camp, auto, or any other vehicle except for the holder of a youth small game license or youth hunter education graduate license may possess a firearm for hunting while in the fields or forests, if accompanied by an adult licensed to hunt in the state of Idaho.

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Carrying

Idaho permits the open carrying of firearms.

Effective July 1, 2016, state law allows any Idaho resident to carry a concealed handgun without a license to carry, provided the person is over 21 years old and not disqualified from being issued a license to carry concealed weapons under state law. (S.L. 2016, ch. 208, § 1, eff. July 1, 2016.)

The law permits both residents and non-residents who are over 18 years old to carry concealed weapons outside the limits of or confines of any city, without a license, if the person is not otherwise disqualified from being issued a license to carry. A person may also carry concealed weapons on or about his or her person without a license in the person’s place of abode or fixed place of business, on property in which the person has any ownership or leasehold interest, or on private property where the person has permission to carry from any person with an ownership or leasehold interest in that property.

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A “concealed weapon” includes a firearm “carried on or about the person in a manner not discernible by ordinary observation.” Idaho Code §§ 18-3302(3), (2). “Upon or about one’s person” has been defined by the Idaho courts as encompassing not only the carrying of a weapon in one’s clothing or a handbag or bag, but going about with the weapon in such close proximity that it is readily accessible for prompt use. The test for concealment is whether the weapon is carried so as not to be discernible by ordinary observation. State v. McNary, 100 Idaho 244, 247, 596 P.2d 417, 420 (1979).

The restrictions on carrying a concealed weapon without a license do not apply to weapons located in plain view; any lawfully possessed shotgun or rifle; a firearm that is not loaded and is concealed in a motor vehicle; a firearm that is not loaded and is secured in a case; and a firearm that is disassembled, or permanently altered such that it is not readily operable. Idaho Code § 18-3302(4).

Idaho has additional exemptions from the carry license requirement for officials of a city, county or the state of Idaho, law enforcement officers, members of the armed forces or the national guard when in performance of official duties, persons with a valid carry license from another state, and others. Idaho Code § 18-3302(5).

Idaho is a “shall issue” state respecting the issuance of concealed carry licenses.

Licenses to carry are issued by the sheriff in the county in which the applicant resides. The sheriff must issue the license within 90 days of the filing of an application by a person who is not disqualified from possessing or receiving a firearm under state or federal law. 

Disqualified persons under state law include anyone who:

  •          is less than 21 years old. However, the sheriff shall issue a license to carry a concealed weapon to a person aged between 18 and 21 years old if the applicant meets all the requirements for issuance of the license apart from age. These licenses expire on the holder’s 21st birthday and are distinguishable from regular carry licenses. Idaho Code § 18-3302(20);
  •          is formally charged with or adjudicated guilty of a crime punishable by imprisonment for a term over one year;
  •          is a fugitive from justice, or is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify the person from obtaining a license;
  •          is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance;
  •          is currently suffering from or who has been adjudicated as being mentally ill, gravely disabled, an incapacitated person, or lacking mental capacity;
  •          has been dishonorably discharged from armed forces;
  •          is an illegal alien or, if a U.S. citizen, has renounced their citizenship;
  •          has received a withheld judgment or suspended sentence for a crime punishable by imprisonment of over one year, unless the person has successfully completed probation, or has received a period of probation after having been adjudicated guilty of, or received a withheld judgment for, a misdemeanor offense that has as an element the intentional use, attempted use or threatened use of physical force against the person or property of another, unless the person has successfully completed probation; or
  •          is subject to a protection order that restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.

An adjudication of mental defect, incapacity or illness or an involuntary commitment to a mental institution where the applicant’s firearm rights have been restored under operation of law or legal process, or a conviction, guilty plea or adjudication that has been nullified by expungement, pardon, setting aside or other comparable procedure, do not disqualify a person.  Idaho Code § 18-3302(11), (12).

License requirements include fingerprinting (initial license), a $20 fee ($15 for renewal), plus any additional fee charged to cover the cost of processing fingerprints. The sheriff may require the applicant to demonstrate familiarity with a firearm through training or equivalent experience, as detailed in Idaho Code § 18-3302(9).

Idaho issues enhanced licenses to carry concealed weapons. An applicant for an enhanced license must not be disqualified under the criteria listed above for a regular license, and must be over the age of 21, a legal resident of the state of Idaho for at least six consecutive months prior to the time of application or hold a current license or permit to carry issued by his or her state of residence, and have successfully completed, no later than 12 months immediately preceding filing an application, a qualifying handgun course. An initial applicant must provide fingerprints (initial license), a $20 fee ($15 for renewal), plus any additional fee charged to cover the cost of processing fingerprints. The sheriff of a county must issue the license within 90 days after the filing of an application by a person who is not disqualified from possessing or receiving a firearm under state or federal law and who meets the requirements. Idaho Code § 18-3302K.

The sheriff of the county of the applicant’s residence may issue a temporary emergency license for good cause, pending review of an application. Such licenses are valid for no more than 90 days. Idaho Code § 18-3302(6). A license to carry a concealed firearm to a qualified retired law enforcement officer, as outlined in Idaho Code § 18-3302H, is also available.

Regular and enhanced licenses are valid for five years, and exempt any person 21 years of age or older, who presents a valid license to carry concealed weapons, from any requirement to undergo a records check at the time of purchase or transfer of a firearm from a federally licensed firearms dealer. A city, county or other political subdivision of the state is prohibited from modifying or adding to the licensing requirements set out in state law, and cannot ask the applicant to voluntarily submit any information not required by the state law. Idaho Code § 18-3302(18).

A person with a regular license to carry or a resident who is carrying pursuant to the permitless carry provision in Idaho Code § 18-3302(4)(f) is prohibited from carrying a concealed deadly weapon in a courthouse, juvenile detention facility or jail, or public or private school, unless the person is authorized to carry a firearm by a person, board or other entity having authority over the building or facility, and in the case of a school, by the board of trustees of the school district or the governing board. (There are other more general prohibitions on possessing firearms and weapons on school property or school-provided transportation.)

Regarding carrying at institutions of higher education, state law forbids the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, from regulating or prohibiting the otherwise lawful possession, carrying or transporting of firearms or ammunition by persons licensed to carry as qualified retired law enforcement officers or carrying pursuant to an enhanced license. With some exceptions, carrying is prohibited within a student dormitory/residence hall, and within a “public entertainment facility” building, as defined, that is properly posted at points of entry.  Idaho Code § 18-3309.

Idaho recognizes validly issued and current concealed weapons licenses/permits of all other states. Out of state residents must have their state concealed weapons license/permit on their person when carrying a concealed weapon in the state of Idaho. Idaho Code § 18-3302(5)(g).

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Machine Guns

It is lawful to possess, purchase, or sell a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

Antiques and Replicas

Idaho statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.

Preemption

No county, city, agency, board or political subdivision within this state may regulate in any manner, any issue addressing firearms, firearm parts or ammunition.

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 § 18-3302J. Preemption of firearms regulation

(1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen's right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature's intent to wholly occupy the field of firearms regulation within this state.

(2) Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.

(3) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or persons or property;

(b) A person discharging a firearm in the course of lawful hunting;

(c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property;

(d) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code; or

(e) A person discharging a firearm in the course of target shooting on public land if the discharge will not endanger persons or property.

(4) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Or-dinances adopted under this subsection may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or persons or property; or

(b) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code.

(5) This section shall not be construed to affect:

(a) The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code;

(b) The authority of counties and cities to regulate the location and construction of sport shooting ranges, subject to the limitations contained in chapter 26, title 55, Idaho Code.

(6) The provisions of this section are hereby declared to be severable. And if any provision is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

In addition, the  board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board of professional-technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, have the authority to prescribe rules and regulations relating to firearms, except this authority shall not extend to regulating or prohibiting the otherwise lawful possession, carrying or transporting of firearms or ammunition by persons licensed under section 18-3302H or 18-3302K, Idaho Code. However, a person issued a license under the provisions of section 18-3302H or 18-3302K, Idaho Code, shall not carry a concealed weapon: (i) within a student dormitory or residence hall, as defined; or (ii) within any building of a public entertainment facility, as defined, provided that proper signage is conspicuously posted at each point of public ingress to the facility notifying attendees of any restriction on the possession of firearms in the facility during the game or event. These restrictions on carrying shall not apply to the following persons: (i) a person or persons complying with the provisions of section 19-202A, Idaho Code;  (ii) a person or an employee who is authorized to carry a firearm by the university or college board of trustees, board of regents, governing board or a person or entity with authority over the building or facility; (iii) a person who possesses a firearm for authorized use in an  approved program, event, activity or other circumstance approved by a person or entity with authority over the building or facility; (iv) a person who possesses a firearm in a private vehicle while delivering students, employees or other persons to and from a university, college or public entertainment facility;  or (v) an on-duty or off-duty certified peace officer. Any rule, regulation or policy that is contrary to this section is null and void.

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Range Protection

Shooting ranges are protected against any type of lawsuit claiming nuisance or noise if the range was in operation before the adjoining property owner purchased their property.

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§ 55-2602. Sport shooting range--Nuisance action--Limitations

(1) Except as provided in this section, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person's property if the shooting range was established as of the date the person acquired the property. If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three (3) years from the beginning of the substantial change.

(2) A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five (5) years after establishment of the range or three (3) years after a substantial change in use of the range.

(3) If there has been no shooting activity at a range for a period of three (3) years, resumption of shooting is considered establishment of a new shooting range for purposes of this section.

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Miscellaneous

It is unlawful to operate a firearm in a “careless, reckless, or negligent manner or without due caution and circumspection” when such operation results in discharge and injury to any person.

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It is unlawful to ship a loaded firearm on any common carrier.

It is unlawful to shoot from or across a public highway.

A hunting license may be revoked under the following circumstances:

  • Careless handling of a gun causes an accident and injury to any person, property, or livestock.
  • Careless injury to a human being by gunfire.
  • Causes accidental injury or death to another person by gunfire and flees or fails to render assistance.

No city or county may in any manner regulate the lawful ownership, possession, or transportation of firearms when carried or transported for purposes not prohibited by state law.

During a declared disaster emergency, neither the Governor nor any agency of any governmental entity or political subdivision shall impose restrictions on the lawful possession, transfer, sale, transport, storage display or use of firearms and ammunition.

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SOURCES: Idaho Code §§ 18-3301 et seq., 31-872, 36-401, 36-1508, 46-1008; 50-343.

Idaho NEWS

KXLY  

Friday, July 1, 2016

Idaho permitless carry law goes into effect Friday

Beginning Friday man Idaho residents will be able to flex their Second Amendment rights and carry concealed firearms ...

Idaho: Permitless Carry Effective July 1, 2016

Thursday, June 30, 2016

Idaho: Permitless Carry Effective July 1, 2016

Tomorrow, July 1, 2016, the provisions of Senate Bill 1389, Idaho’s “permitless/constitutional” carry bill, will take effect. In an ...

Coeur d'Alene Press  

Thursday, April 7, 2016

Idaho: What new concealed carry law really means

On July 1, 2016, permitless concealed carry, also referred to as Constitutional Carry, becomes the law in Idaho. ...

Idaho State Journal  

Monday, April 4, 2016

Idaho: Constitutional Carry law takes effect July 1

This summer, Idaho will become the ninth U.S. state to adopt Constitutional Carry laws.Idaho will join Alaska, Arizona, ...

Idaho: Governor Otter Signs NFA Privacy Bill

Friday, April 1, 2016

Idaho: Governor Otter Signs NFA Privacy Bill

Yesterday, Idaho Governor C.L. “Butch” Otter, signed House Bill 478.  This important legislation was introduced earlier this year ...

Idaho Press-Tribune  

Wednesday, March 30, 2016

Idaho: Permitless concealed carry protects your rights

The Idaho Senate and House passed SB1389 because the law shouldn’t be a trap for the unwary.Idaho has ...

Idaho: Governor Otter Signs Permitless Carry Legislation!

Friday, March 25, 2016

Idaho: Governor Otter Signs Permitless Carry Legislation!

This afternoon, March 25, 2016, Governor C.L. “Butch” Otter (R) signed Senate Bill 1389, NRA-endorsed permitless carry legislation.  On July ...

News  

Friday, March 25, 2016

Governor Signs SB 1389 into Law

The National Rifle Association’s Institute for Legislative Action (NRA-ILA) applauds Gov. Butch Otter for standing up to New ...

Idaho: Permitless Carry Bill Delivered to Governor Otter

Tuesday, March 22, 2016

Idaho: Permitless Carry Bill Delivered to Governor Otter

This afternoon, Governor C.L. “Butch” Otter (R) received Senate Bill 1389, the NRA-endorsed permitless carry bill, for his ...

IdahoReporter.com  

Friday, March 18, 2016

Legislature Ignores Bloomberg Lobbying, Advances Gun Rights Bill

Maybe New York billionaire Michael Bloomberg’s gun-control group could have picked a better audience. His group, Everytown for ...

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.