Firearm Laws in Idaho 4/26/2010
Be aware that firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
State of Idaho 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.
Purchasing Firearms in Idaho
There is no state permit required for the purchase of any rifle, shotgun, or handgun.
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.
Possession of Firearms in Idaho
- 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.
- 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.
Carrying Firearms in Idaho
- Except in a person’s place of abode or fixed place of business, a person shall not carry a concealed weapon 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.
- A 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.
- 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. 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.
Miscellaneous firearm laws for Idaho
- It is unlawful to ship a loaded firearm on any common carrier.
- 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 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.
- Carelessly injures a human being by gunfire.
- Causes accidental injury or death to another person by gunfire and flees or fails to render assistance.
How can I learn more about Idaho Firearm Laws?
Online, visit the Idaho Attorney General’s web site. http://www2.state.id.us/ag/