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Idaho Gun Laws

DISCLAIMER:

This portion of our web site is to provide a general overview of some of the most important gun laws that exist in our country and in the State of Idaho.

UNDER NO CIRCUMSTANCES THE DISCUSSION ON GUN LAWS IS TO BE INTURPRETED AS LEGAL ADVISE OR TO BE DEEMED LEGALLY ACCURATE.

CONTACT A LOCAL ATTORNEY IN THE STATE IN WHICH YOU RESIDE FOR A LEGAL OPINION AND INTERPRETATION OF FEDERAL, STATE, AND LOCAL GUN LAWS.

If you reside in Idaho or intend to apply for the Idaho Enhanced Carry and Concealed Weapons License, Level 1 Firearms Safety and Training has a class dedicated to the legalities of gun ownership which meets the state of Idaho requirements. Please contact us if you are interested in attending this class.

"Shall Issue" State



A Shall-Issue state permits its residents to apply for, and receive, a concealed carry weapons license provided they do not fall under federal or state laws which would otherwise prevent them from purchasing a firearm. Idaho has very little state imposed restrictions and for the most part follow Federal guidelines. Attaining an Idaho Carry and Concealed License is extremely straight-forward, easy to qualify for, and easy to understand.


The Process



For the

Standard Idaho Carry and Concealed Weapons License

,
the applicant must attend a state certified Hunter's Education Course, a state recognized Firearms Safety Course, or attend a National Rifle Association (NRA) Safety Training Course; such as the

Basics of Pistol Shooting Course

.

For the

Enhanced Idaho Carry and Concealed Weapons License

,
the applicant must attend a

legal instruction course

conducted by an attorney or a member of the Idaho State Bar Association. In addition to the legal class, the applicant must also demonstrate in the presence of a state certified firearms instructor, the ability to safely discharge 98 rounds of ammunition safely. There are no state required tests to achieve either CCW license.

Provided the applicant has fulfilled the requirements, they must appear at a Sheriff office (in their county if they are residents of Idaho), submit their identification, fingerprints, pass a criminal background check (conducted by the Idaho State Police), submit certification of firearms and or legal training, and pay the appropriate fees. New CCW candidates can take up to 75 days to process, however, the average at last check was closer to 60 days.


Ineligible Persons



Idaho does not have their own specific set of criteria for allowing a person to purchase a firearm, rather, they have adopted the minimal Federal laws set forth by the Federal Government:
Overview

Idaho is one of the friendliest states when it comes to firearm ownership and the law. In fact, Idaho has a state preemption of firearms laws, meaning, the state constitution explicitly prohibits local government from regulating the ownership, possession, use, transportation or carry of firearms or ammunition within any city--however, the city may have a local ordinance for the discharge of a firearm within city boundaries.

The state constitution reads:
"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."
Length of License:
5 years
Renewal:
Within 90 days of expiration
Emergency License Available:
Yes


Concealed Carry without License



Except in a person's home or fixed place of business, or on property in which he has ownership or leasehold interest, a person may not carry a concealed weapon without a license. This section describes a concealed weapon as: a dirk, dirk knife, knife, bowie knife, dagger, pistol, revolver or any other dangerous weapon. This section does not include these weapons when used as a tool in a place of business -- see:
Idaho 18-3302 (7)
.


Motor Vehicle Transport


While in a motor vehicle, inside the limits of the city, a person shall not carry a concealed weapon on or about his person without a concealed license permit. This does not apply to a weapon or firearm that is in plain view, loaded or not. A firearm may be concealed in a motor vehicle without a license provided it is disassembled or unloaded.
Idaho 18-3302 (9).

Issuance of License to Persons Under 21



The sheriff may issue am Idaho concealed license to persons between 18-21 years of age provided the sheriff warrants the issuance of the license. In most cases, these licenses will have certain restrictions attached and shall appear significantly different than the regular Idaho Carry and Concealed Weapons License.
Idaho 18-3302 (10)
.


Persons Exempt from having to apply for an Idaho Carry and Concealed License



See Idaho
18-3302 (12)
for these exemptions.

The requirement to secure a license to carry a concealed weapon under this section shall not apply to the following persons:

(a) Officials of a county, city, state of Idaho, the United States, peace officers, guards of any jail, court appointed attendants or any officer of any express company on duty;
(b) Employees of the adjutant general and military division of the state where military membership is a condition of employment when on duty;
(c) Criminal investigators of the attorney general's office, criminal investigators of a prosecuting attorney's office, prosecutors and their deputies;
(d) Any person outside the limits of or confines of any city while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity;
(e) Any publicly elected Idaho official;
(f) Retired peace officers or detention deputies with at least ten (10) years of service with the state or a political subdivision as a peace officer or detention deputy and who have been certified by the peace officer standards and training council;
(g) Any person who has a valid permit from a state or local law enforcement agency or court authorizing him to carry a concealed weapon. A permit issued in another state will only be considered valid if the permit is in the licensee's physical possession.


Carrying Concealed without a Valid License



Any person carrying a concealed weapon without a license is guilty of a misdemeanor.
Idaho 18-3302 (14)
.


Idaho Prohibited Concealed Carry Locations



In addition to Federal laws, Idaho explicitly prohibits any person other than authorized law enforcement from carrying concealed in the following locations: A Courthouse, juvenile detention facility, adult correctional facility, prison, jail, public and private schools, on school property, at a stadium, or while using school provided transportation. See
Idaho.Gov. See 211.Idaho
.


Drugs and Alcoho

l

It is unlawful to possess or carry any concealed weapon while under the influence of any drug or alcohol substance.
See 211.Idaho

Endangerment



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.
See 211.Idaho

Public Highways



It is unlawful to shoot from or across a public highway.
See 211.Idaho

Leaving the Scene



It is unlawful to leave the scene of a shooting in which a person is seriously injured or killed unless there is a remaining threat to your life or person. If you must leave the scene to avoid further confrontation or risk to yourself you must contact law enforcement immediately when you are safe and the threat no longer exists.
See 211.Idaho

Right to Revoke



The sheriff has the right to revoke an Idaho Carry and Concealed Weapons Permit under the following conditions:

(a) Fraud or intentional misrepresentation in the obtaining of a license;

(b) Misuse of a license, including lending or giving a license to another person, duplicating a license or using a license with the intent to unlawfully cause harm to a person or property;

(c) The doing of an act or existence of a condition which would have been grounds for the denial of the license by the sheriff;

(d) The violation of any of the terms of this section; or

(e) The applicant is adjudicated guilty of or receives a withheld judgment for a crime which would have disqualified him from initially receiving a license.
Idaho 18-3302 (15)

Private Party Sales



Provided the firearm is sold between two Idaho residents and the person purchasing the firearm is not ineligible to purchase a firearm, there is no requirement to have the sale take place using a Federally Licensed Firearm Dealer.

Use of Another Persons Firearm


Provided all Idaho and Federal laws are complied with and provided the person using, borrowing, or renting the firearm is not ineligible to purchase a firearm, a person may use another persons firearm for lawful sporting or target shooting activities.
Idaho Enhanced Permit Classes
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Anyone convicted of a crime punishable by imprisonment for over one year; or, persons awaiting trial for a crime punishable by imprisonment for more than a year.

Idaho 18-3302 (b) (c)

.
Fugitives from justice.

Idaho 18-3302 (d)

.
Unlawful users of certain depressant, narcotic, or stimulant drugs.

Idaho 18-3302 (e)

.
Those adjudicated as mental defectives or incompetents or those committed to any mental institution. Idaho law provides additional information related to mental capacity in section 18-210, definition of mentally ill in section 66-317, and the definition of an incapacitated person in section 15-5-101 (a) of the Idaho code.
Illegal Aliens. Idaho.

18-3302 (j)

.
Citizens who have renounced their citizenship with the U.S.

Idaho 18-3302 (k)

.
Anyone dishonorably discharged from the Armed Forces.

Idaho 18-3302 (g)

.
Persons less than 21 (Federal is 18) years of age for the purchase of a shotgun or rifle.

Idaho 18-3302 (l)

Persons under a court restraining order issued under Chapter 63, Title 39 of the Idaho Code,

Idaho 18-3302 (n)

.
Is ineligible to own, posses, or receive a firearm under any restriction imposed by state or federal law.

Idaho 18-3302 (a)

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