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Idaho Gun Laws

Idaho Gun Laws

Open carry is allowed in this state.

The list of states that share reciprocity with Idaho is subject to frequent changes. The information contained herein is not intended as legal advice or any restatement of law. Restrictions on non-resident permits, persons under 21 years of age, qualifying permit classes, or other factors that may limit state reciprocity are not included in this information. A licensed, local attorney should be consulted for accurate interpretation of the law in specific situations. All State, Federal, and Local laws must be followed.


Idaho State Laws Overview, Purchase, Possession, and Carrying Firearms

PURCHASE


A permit from the state is not required to purchase any rifle, shotgun, or handgun.

A resident of the state of Idaho may purchase a rifle or shotgun in a state that is contiguous to Idaho.  Residents of those states may purchase a rifle or shotgun in Idaho as well.

It is illegal to sell a firearm, whether directly or indirectly to a minor under the age of 18 without the written consent from his/her parent or guardian.

It is illegal to sell or give to a minor under the age of 16, gunpowder, shells, or any fixed ammunition of any kind, unless shells used in shotguns, or rifles, 22 caliber and smaller, or any firearm, without the consent of his/her parent or guardian in writing.

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POSSESSION A permit to possess, a rifle, shotgun, or handgun is not required by the state. It is illegal to carry a concealed firearm while intoxicated, even with a permit.

It is illegal for any person with a felony conviction to possess or control a firearm.  If a conviction has been nullified, expunged, or pardoned, and civil rights to bear arms have been restored, this does not apply.

It is illegal for a minor under the age of 18 to possess a firearm without the written permission of his/her parent or legal guardian or the accompaniment of a parent or legal guardian while in possession of the firearm.  An adult must accompany a minor under the age of 12, if the minor is in possession of a firearm.  It is illegal to possess a handgun if under the age of 18. Unless provided by law, no minor under 18 years of age may possess a sawed-off rifle or sawed-off shotgun, or full automatic weapon. This does not apply to the following persons:
  • Patrons of amusement parks, firing at concession stand targets where the firearm is attached to the concession counter by chain;
  • Any person attending a firearms safety course, or a hunting safety course;
  • Any person engaging in target or shooting practice at an established shooting range, or any other legal use of a firearm where it is not prohibited by state or local law;
  • Any person participating in an organized competition that involves the use of firearms, or practicing for such competition;
  • Any person under 18 years of age who is on real property with the permission of the property owner, licensee, or lessee and the permission of his/her parent or legal guardian, or the owner, licensee, or lessee to possess a firearm that does not otherwise violate the law;
  • Any person who is a resident or non-resident of Idaho, hunting with a valid hunting license or other individual legally engaged in hunting; and
  • Any person carrying an unloaded firearm, in his/her possession while traveling to or from any of these activities;
It is illegal for any person to possess a firearm while on school property, in any school building, stadium, school bus or school structure for a school-sponsored event. This applies to students attending school sponsored activities, programs, or events regardless of location.

It is illegal for a minor under the age of 12 to possess a shotgun, rifle, or other firearm while in fields or forests, in a tent, camp, auto, or other vehicle, unless he/she possesses a youth small game license, or a youth hunter education small graduate license, and is accompanied by an adult who possess a license to hunt in the state of Idaho.

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CARRYING

No person shall carry a concealed firearm without a license unless in his/her place of residence, place of business, or on property where he/she has ownership or leasehold interest. A concealed weapon shall refer to any dirk, dirk knife, bowie knife, dagger, pistol, revolver, or other deadly or dangerous weapon. This does not apply to a legally possessed shotgun or rifle.

No person shall carry a concealed weapon on or about the person, while in a motor vehicle, inside city limits, without a license to carry a concealed weapon. This does not apply to a pistol, or revolver whether loaded or unloaded placed in plain view. As long as a firearm is disassembled or unloaded, it may be legally concealed in motor vehicle. The statement, “Upon or about ones person” refers to the carrying of a firearm in clothing, handbags, or in close proximity and readily accessible for immediate use. The firearm must not be discernable by ordinary observation in order to be considered concealed.

A county sheriff will issue all concealed carry permits, within 90 days of application, to any person over the age of 21, who may legally possess or receive a firearm under state or federal law. A disqualified person is anyone who is:
  • Charged with a crime that is punishable by imprisonment for a term that exceeds one year; found guilty of a crime that is punishable for a term that exceeds one year;
  • A fugitive from justice;
  • An addict of any controlled substance, marijuana, an anti-depressant, stimulant, or narcotic drug, or is currently suffering or has been determined to be mentally ill, severely disabled or otherwise incapacitated or lacking mental capacity;
  • Dishonorably discharged from U.S. military service;
  • An illegal alien or has renounced their citizenship from the U.S.
  • The subject of a withheld judgment for a crime that prohibits a license to carry; or is presently released pending trial, appeal or sentencing for a crime that prohibits a license to carry;
  • Under an order of protection that restrains them from harassing, stalking, threatening an intimate partner, or the child of an intimate partner;
  • Guilty of one or more violent crimes constituting a misdemeanor, or has received a suspended sentence for one or more violent crimes, unless a period of three years has elapsed since the date the application was made.
The application for a license must appear in triplicate on a form dedicated by the director of the Idaho State Police and include the applicant’s name, address, personal description, signature, date of birth, military status, and driver’s license number or state identification card (social security number is optional). The permit allows a person to carry a concealed weapon for protection purposes, while doing business, while travelling, or for sport. The permit fee is $20.00, but may also require an additional fee for fingerprinting for the initial license. Any license issued after July 1, 2006 will be valid for a period of five years. A firearm safety course or hunter safety course may also be required to demonstrate proficiency with a firearm.

Pending review, the sheriff of the applicable county is authorized to issue a temporary emergency license if he/she determines just cause for such.

Any individual between the ages of 18 and 21 may be issued a license to carry a concealed weapon if the sheriff determines that it is warranted. The issuance of a concealed carry license will be subject to limitations by the sheriff and will be distinguished from a regular carry license by a person over the age of 21.

No concealed weapon may be carried while intoxicated, even with a permit, and cannot be carried into any school, whether public or private, school activity, onto any school sponsored transportation, courthouse, juvenile detention center, or jail.


A non-resident of the state of Idaho may carry a concealed weapon with a valid license to carry concealed from another state as long as the license remains in the physical possession of the licensee while carrying the weapon.

HIDE MACHINE GUNS

A machine gun may be legally purchased, sold, or possessed in the state as long as it is lawfully registered and in compliance with all federal laws and regulations.

ANTIQUES AND REPLICAS


Antique firearms, or any replica of a firearm is considered under the same laws, regulations, statutes, or provisions as an ordinary firearm for carrying and possession purposes.

PREEMPTION


Firearms, firearm parts, or ammunition may not be regulated by any county, city, agency, board or political subdivision. 

§ 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. 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; 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; and

(c) The authority of 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, to regulate in matters relating to firearms.

(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. HIDE

Range Protection


A shooting range may not be subject to any nuisance claim by an adjoining property owner if the operation of the shooting range commenced before the purchase of the adjoining property by the owner.

§ 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 illegal to operate a firearm in a manner that results in injury to another individual that would be considered careless, reckless, or negligent.


No loaded firearm may be shipped on a common carrier.

It is illegal to discharge a firearm over or across any public highway.

Under these circumstances, a license for hunting may be revoked:
  • Injury or accident to any person, property or livestock due to reckless handling of a firearm.
  • Injury to a human being by gunfire, due to reckless handling of a firearm.
  • Accidental Injury or death by gunfire in cases where the individual flees or fails to render assistance to the victim.
The legal possession, ownership, or transportation of a firearm that is not prohibited by state law, may not be regulated by any city or county.

No governor, government entity or agency may restrict the possession, transfer, sale, transport, storage display, or use of firearms and ammunition during a declared disaster emergency.

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STATE CONSTITUTIONAL PROVISION


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.” Article 1, Section 11.

Modified: 20/10/2014