Idaho Gun Laws/Restrictions

Code Sections

Idaho Statutes 18-3302, et seq.

Types of Illegal Firearms

Possession, sale, transfer, or manufacture of the below firearms is illegal:

• Destructive Device:
  • Any type of weapon which will expel a projectile by explosive or other propellant, the barrel of which has a bore of more than .700 inches in diameter, except rifled and unrifled shotguns.

Waiting Period Before Purchase

• None

Who May Not Own Guns

Idaho prohibits several different categories of individuals from owning or possessing pistols:

•  Convicted felons
• Persons in penal institution
• Those under 18 without consent or accompaniment of parent or guardian (except sawed-off gun/rifle or automatic weapon).

Laws Prohibiting Firearms On or Near School Grounds

• Misdemeanor 18-3302C, 18-3302D

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

A resident of the state of Idaho may purchase rifles 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.

• Any type of weapon which will expel a projectile by explosive or other propellant, the barrel of which has a bore of more than .700 inches in diameter, except rifled and unrifled shotguns.

State Statute or Definition: (Use 18 USC 930 Listed as dangerous weapon, but legal.)

• No restrictions

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

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

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.

Except in the person’s place of abode or fixed place of business or on property In which the person has any ownership or leasehold Interest, a person shall not carry a concealed weapon without a license to carry a concealed weapon. For the purposes of this section, a concealed weapon means any dirk, dirk knife, bowie knife, dagger, pistol, revolver, or any other deadly or dangerous weapon. The provisions of this section shall not apply to any lawfully possessed shotgun or rifle.

While in any motor vehicle, inside the limits or confines of any city, a person shall not carry a concealed weapon on or about his person without a license to carry a concealed weapon. This shall not apply to any pistol or revolver located in plain view whether it is loaded or unloaded. A firearm may be concealed legally in a motor vehicle so long as the weapon is disassembled or unloaded.

“Upon or about ones person” has been defined by the Idaho courts as encompassing the physical carrying of the weapon in clothing or handbags as well as going about with the weapon in close proximity and readily accessible for prompt use. The test for concealment is whether the weapon is carried so as not to be discernible by ordinary observation.

The county sheriff issues concealed carry permits. The sheriff must issue the permit within ninety days of the filing of an application by a person, over 21, who is not disqualified from possessing or receiving a firearm under state or federal law. Disqualified persons include anyone who is:

• formally charged with a crime punishable by imprisonment for a term exceeding one year; adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one (1) year;
• a fugitive from justice;
• an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance; currently suffering or has been adjudicated as mentally ill, gravely disabled or otherwise incapacitated or lacking mental capacity;
• dishonorably discharged from armed forces;
• an illegal alien or if a U.S. citizen, has renounced their citizenship;
• the subject of a withheld judgment for a crime prohibiting a carry license; or released pending trial, appeal or sentencing for a crime prohibiting a carry license;
• the 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
• has been adjudicated guilty of or received a withheld judgment or suspended sentence for one or more crimes of violence constituting a misdemeanor, unless three years has elapsed since disposition or pardon has occurred prior to the date on which the application is submitted.

The license application shall be in triplicate, in a form to be prescribed by the director of the Idaho state police, and shall ask the name, address, personal description and signature, date of birth, military status, and driver’s license number or state identification card number. Listing one’s social security number is optional.

The permit allows concealed carry of a weapon for the purpose of protection, or while engaged in business, sport, or while traveling. The basic license fee is $20.00, but the Sheriff shall require fingerprinting for an initial license, in which case an additional fee may be charged. All licenses Issued after July 1, 2006 will be valid for five years. The applicant may be required to show proficiency with a firearm by completing a firearm safety or hunter safety course.

The sheriff of the county of the applicant’s residence may issue a temporary emergency license for good cause pending review.

The sheriff may issue a license to carry a concealed weapon to those individuals between the ages of eighteen and twenty-one years who in the judgment of the sheriff warrants the issuance of the license to carry a concealed weapon. Such issuance shall be subject to limitations which the issuing authority deems appropriate and shall be easily distinguishable from regular carry licenses.

A concealed weapon, even with a permit, cannot be carried while one is intoxicated; nor can it be carried into a courthouse; juvenile detention facility; jail; or public or private school or school activity areas or school provided transportation.

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, but this authority does not extend to regulating or prohibiting the otherwise lawful possession, carrying or transporting of firearms or ammunition by persons licensed under section 18-3302H (license to carry by qualified retired law enforcement officer) or 18-3302K (enhanced license to carry concealed weapon), 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.

A valid license to carry a firearm concealed issued to a nonresident by another state shall be honored as long as the license is in the licensee’s physical possession while carrying the concealed weapon.

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.

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.

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.

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

§ 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.

(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.

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