Gun laws in Idaho

Gun laws in Idaho regulate the sale, possession, and use of firearms and ammunition in the state of Idaho in the United States.

Summary table
Subject/LawLong gunsHandgunsRelevant statutesNotes
State permit required to purchase?NoNo
Firearm registration?NoNo
Assault weapon law?NoNo
Magazine Capacity Restriction?NoNo
Owner license required?NoNo
Permit required for concealed carry?N/ANoIdaho 18-3302As of July 1, 2020, U.S. citizens and active military members aged 18 and older may carry concealed without a permit. Until July 1, 2020, permitless carry was limited to Idaho residents and active military members only or to all outside city limits or while inside a vehicle while engaged in a lawful outdoor activity. The age for permitless carry inside city limits was reduced from 21 to 18 on July 1, 2019 (the minimum age for permitless concealed carry outside cities was already 18).[1][2] Permitless carry was also expanded to any weapon.[3]
Permit required for open carry?NoNoMay carry openly without a permit in a vehicle or on foot.
State Preemption of local restrictions?YesYesCities May regulate the discharge of firearms within their confines or limits.
NFA weapons restricted?NoNoPermitted as long as such possession is in compliance with all federal regulations
Peaceable Journey laws?NoNoFederal rules observed.
Background checks required for private sales?NoNo
Location of Idaho in the United States

As of July 1, 2020, a concealed weapons license is not required for U.S. citizens and active military members. From July 1, 2019 to July 1, 2020 permitless carry only applied to Idahoans age 18 and older and active military members. Previously, from July 1, 2016 to July 1, 2019 permitless carry applied to Idahoans aged 21 and older and active military members within city limits; the minimum age was lowered to 18 on July 1, 2019 and was also expanded to any weapon.[3][1][2] Permitless carry outside city limits was already legal for all aged 18 or older.[4][5][6][7] Idaho was the ninth "constitutional carry" or permitless concealed carry state, with Vermont being the first.[8][9]

Idaho is a "shall issue" state for concealed carry. The local county sheriff shall issue a concealed weapons license to a qualified applicant within 90 days. Applicants may be required to demonstrate familiarity with a firearm, generally by having taken an approved training course or by having received training in the military. A permit is valid for five years; permits issued before July 1, 2006 are valid for four years. Idaho recognizes valid concealed carry permits from all states. A concealed weapon may not be carried at a school (primary or secondary) or at a school sponsored activity, in a courthouse, in a prison or detention facility, at a psychiatric hospital, or in certain other governmentally designated locations. It is unlawful to carry a concealed weapon while intoxicated.[10][11][12][13]

On July 1, 2013, Idaho legislation came into effect which created an "Enhanced Concealed Weapons License" designed to meet the criterion required by several other states to enter into agreements of reciprocal recognition of Concealed Carry Permits. Among the requirements listed in Idaho statute 18-3302, an applicant must:

  • either be a resident of the state of Idaho for six months or hold a license in their state of residency
  • complete an eight-hour training course, which shall consist of:
    • instruction on Idaho firearms law conducted by a law enforcement officer or state bar certified lawyer
    • instruction on the basic concepts of the safe and responsible use of handguns
    • instruction on self-defense principles
    • live-fire training including the firing of a minimum of 98 rounds.[14]

As of July 1, 2014, persons with an Idaho "Enhanced Concealed Weapons Licence" (hereafter "Idaho Enhanced Permit") or qualified retired law enforcement officer are allowed to carry concealed on a public college or university campus. However, this does not apply to student dormitories or residence halls, nor does it apply to a public entertainment or sporting facility that has a seating capacity of 1,000+ persons.[15]

In 2014, Idaho passed HB 69, which declares certain gun control to be unconstitutional, and made it unlawful for any state assets to go toward the enforcement of federal gun laws, an act of de facto nullification.[16][17]

Open carry is legal in Idaho. A concealed weapons license is not required for open carry, nor for long guns (concealed or not). The firearm being openly carried must be clearly visible. A firearm can also be transported in a vehicle, as long as it is in plain view, or is disassembled or unloaded.[11]

Idaho has state preemption of firearms laws: local units of government cannot regulate the ownership, possession, use, transportation, or carry of firearms, firearm components or ammunition. The state constitution states that "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."[18][19]

The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.[18]

Stand-your-ground was passed in 2018.[20] Previously stand-your-ground was the law in practice based on jury instructions for homicide or battery cases.[21]

References
  1. "Idaho Expands Constitutional Carry Laws :". Guns.com. 2019-04-04. Retrieved 2019-04-04.
  2. "HOUSE BILL 206 – Idaho State Legislature". Retrieved 2019-04-30.
  3. "HOUSE BILL 199 – Idaho State Legislature". Retrieved 2019-04-30.
  4. https://www.legislature.idaho.gov/legislation/2016/S1389.htm
  5. http://www.localnews8.com/news/gov-otter-signs-permitless-concealed-carry-bill/38702180
  6. http://bearingarms.com/governor-signs-permitless-concealed-carry-law/
  7. http://www.guns.com/2016/03/26/idaho-becomes-9th-state-to-adopt-constitutional-carry/
  8. Weingarten, Dean (2016-03-26). "Governor Otter Signs SB 1389, Idaho Becomes Ninth Constitutional Carry State". AmmoLand.com. Retrieved 2019-09-14.
  9. "Gun & Weapon Law". The Official Website of the State of Idaho. Retrieved 2019-09-14.
  10. "Idaho statute 18-3302 – Issuance of Licenses to Carry Concealed Weapons". .state.id.us. Archived from the original on November 9, 2011. Retrieved November 23, 2011.
  11. "Idaho Attorney General – Concealed Weapons Permit FAQs". .state.id.us. Archived from the original on December 20, 2010. Retrieved November 23, 2011.
  12. Idaho Concealed Carry CCW Laws and Information on carryconcealed.net Archived November 28, 2011, at the Wayback Machine
  13. "Idaho Concealed Carry Information on". Usacarry.com. July 1, 2006. Retrieved November 23, 2011.
  14. "18-3302K. ISSUANCE OF ENHANCED LICENSES TO CARRY CONCEALED WEAPONS". Retrieved February 1, 2014.
  15. "Idaho: Concealed Carry Expansion and Youth Hunting Laws Effective Today". NRA-ILA. July 1, 2014. Retrieved July 1, 2014.
  16. "SENATE BILL 1332 – Idaho State Legislature". Retrieved 2019-03-10.
  17. "SB 1332" (PDF).
  18. "Firearms Laws for Idaho at nraila.org" (PDF). Retrieved November 23, 2011.
  19. "Idaho State Law Summary at". Lcav.org. October 7, 2011. Archived from the original on November 1, 2011. Retrieved November 23, 2011.
  20. "SENATE BILL 1313 – Idaho State Legislature". Retrieved 2019-03-10.
  21. "Jury instructions".
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