Idaho

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Idaho Code Ann. § 18-3308 prohibits any person, firm, association or corporation from selling or giving any minor under the age of 16 any shells or fixed ammunition of any kind, except shells loaded for use in shotguns or for use in rifles of 22 caliber or smaller without the written consent of the parents or guardian of the minor.

However, federal law prohibits firearms dealers from selling or delivering ammunition for a shotgun or rifle to any person the dealer knows or has reasonable cause to believe is under the age of 18, and from selling or delivering handgun ammunition to any person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1), (c)(1). Federal law prohibits unlicensed persons generally from selling, delivering or otherwise transferring handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5). Federal law also generally prohibits the possession of handgun ammunition by anyone under the age of 18. 18 U.S.C. § 922(x)(2), (3) and (5).

A state administrative regulation requires house parents at a children’s residential care facility to store any ammunition under lock and key separate from firearms and inaccessible to children. Idaho Admin. Code r. 16.06.02.734.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Idaho, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.  Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006).  In addition, Idaho has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.  Idaho prohibits any person who has been convicted of a felony from purchasing, owning, possessing, or having under his or her custody or control any firearm. Idaho Code Ann. § 18-3316(1). In addition, a person under age 18 generally cannot possess a firearm. Sections 18-3302E(1), 18-3302F(1).

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed weapons permit holders in Idaho are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. See also section 18-3302(16). Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Idaho Carrying Firearms section.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Idaho, although federal and state purchaser prohibitions still apply. See the Idaho Private/Secondary Sales section.

For information about the reporting of mental health information for use in firearm purchaser background checks, see the Idaho Mental Health Reporting section.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Open Carrying/Exposed Firearms

Although Idaho does not specifically regulate the open carrying of firearms, Idaho Code Ann. § 46-802 prohibits a body of men, except as are regularly recognized and provided for by the laws of the state and of the United States, from parading in public with firearms in any city or town, except that:

• Associations wholly composed of honorably discharged soldiers or members of the Sons of Veterans or of the Boy Scouts may parade in public with firearms on Memorial Day and certain other occasions; and

• Students in educational institutions where military science is taught may with the consent of the governor drill and parade with firearms in public under the superintendence of their teachers.

This section shall not be construed to prevent any other organization authorized by law from parading with firearms. Id.

Idaho Code Ann. § 18-3302D(1)(a) bars any person, including a concealed weapons license holder, from possessing a firearm or other deadly or dangerous weapon while on school property 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 Idaho or while riding school-provided transportation.

A hotelkeeper has the right to evict a person, whether or not the person is a guest of the hotel, who seeks to bring a firearm into the hotel. Section 39-1805. The hotelkeeper is not required to provide accommodations, facilities or privileges of the hotel to any such person. Section 39-1809.

• A children’s residential care facility, except by house parents (r. 16.06.02.734);

• Children’s therapeutic outdoor programs (r. 16.06.02.848); and

• State veterans’ homes (r. 21.01.01.201).

Idaho Executive Order No. 2004-07 prohibits possession of a firearm in the Capitol Mall area.

Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

A person may not carry a concealable firearm concealed on or about his or her person in any motor vehicle within any city limits unless he or she has a concealed weapons license. Idaho Code Ann. § 18-3302(9). This prohibition does not apply if the concealable firearm is located in plain view in the vehicle, regardless of whether the firearm is loaded or unloaded. Id. A firearm otherwise may be concealed legally in a motor vehicle so long as the weapon is disassembled or unloaded. Id.

Concealed Weapons Licensing Requirements

Idaho is a “shall issue” state, meaning that a county sheriff must issue a concealed weapons license if the applicant meets certain qualifications.  Under Idaho Code Ann. § 18-3302(1), a license to carry a concealed weapon shall be issued to an applicant unless he or she:

• Is ineligible to own, possess or receive a firearm under state or federal law;

• Is formally charged with a crime punishable by imprisonment for a term exceeding one year;

• Has been adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one year;

• Is a fugitive from justice;

• Is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802;

• Is, or has been adjudicated as, based on substantial evidence:

• Lacking mental capacity, per Idaho Code Ann. § 18-210;

• Mentally ill, per section 66-317;

• Gravely disabled, per section 66-317; or

• An incapacitated person, per section 15-5-101(a);

• Is or has been discharged from the armed forces under dishonorable conditions;

• Is 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 have elapsed since disposition, or pardon has occurred prior to the date on which the application is submitted;

• Has had entry of a withheld judgment for a criminal offense which would disqualify him or her from obtaining a concealed weapons license;

• Is an alien illegally in the United States;

• Has renounced his or her U.S. citizenship;

• Is under age 21 (for information on the discretionary issuance of a concealed weapons license by law enforcement to persons age 18 or older, see the Idaho Minimum Age to Purchase/Possess section);

• Is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify her or him from obtaining a concealed weapons license; or

• Is subject to a protection order issued under Idaho Code, Title 39, Chapter 63, that restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.

A county sheriff may require an applicant to demonstrate familiarity with a firearm in any one of the following ways (the applicant may select which one):

• Completion of any hunter education or hunter safety course approved by the Department of Fish and Game or a similar agency of another state;

• Completion of any National Rifle Association firearms safety or training course, or any National Rifle Association hunter education course;

• Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, community college, college, university, or private or public institution or organization or firearms training school, utilizing instructors certified by the National Rifle Association or the Idaho State Police (“ISP”);

• Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement agency;

• Presentation of evidence or equivalent experience with a firearm through participation in organized shooting competition or military service; or

• Completion of any firearms training or training or safety course or class conducted by a state certified or National Rifle Association certified firearms instructor.

Section 18-3302(13).

In addition, an applicant may meet this requirement if he or she "[i]s licensed or has been licensed to carry a firearm in [Idaho] or a county or municipality, unless the license has been revoked for cause." Id.

The fee for original issuance of a license is $20. Section 18-3302(2). The fee for renewal of a license is $15. Section 18-3302(3).

For additional information, see the Idaho Minimum Age to Purchase/Possess section.

Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under section 18-3302.

A person may not carry a concealed firearm without a license, except in his or her place of abode, fixed place of business or on property in which the person has any ownership or leasehold interest. Section 18-3302(7). The requirement to secure a license to carry a concealed weapon also does not apply to any person outside the limits of or confines of any city while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity. Section 18-3302(12)(d).

         Disclosure or Use of Information

Upon issuing a license under the provisions of section 18-3302, the county sheriff will notify the ISP on a form or in a manner prescribed by the ISP. Section 18-3302(1). Information relating to an applicant or licensee received or maintained pursuant to section 18-3302 by the county sheriff or ISP is confidential and exempt from disclosure under section 9-338. Section 18-3302(1).

         Duration & Renewal

Concealed weapons licenses issued before July 1, 2006 are valid for four years from the date of issue. Section 18-3302(1). Concealed weapons licenses issued on or after July 1, 2006 are valid for five years from the date of issue. Id. Licenses may be renewed for five-year periods, and renewal applicants must complete an application and undergo a new background check. Section 18-3302(3), (4).

          Location Limits

Concealed weapons licensees are prohibited from carrying concealed weapons into any courthouse, juvenile detention facility, jail, or public or private school (except for “a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board” per section § 18-3302D(4)(f)).  Section 18-3302C.

Concealed weapons license holders are also subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

         Reciprocity

Any person who has a valid permit from a state or local law enforcement agency or court authorizing him or her to carry a concealed weapon in another state does not need to obtain a concealed weapons license under Section 18-3302. Section 18-3302(12)(g). However, a permit issued in another state will only be considered valid if the permit is in the licensee’s physical possession. Id. Under section 18-3302(17), the state attorney general is authorized to negotiate reciprocal agreements with other states in order to recognize out-of-state licenses to carry concealed firearms.

          Brady Exemption

Concealed weapons permit holders in Idaho are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Idaho Background Checks section.

No relevant statutes currently exist.

Idaho does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Idaho Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Idaho Background Checks section.

Number of Federally Licensed Firearms Dealers

There are 767 federally licensed firearms dealers and pawnbrokers in Idaho. Federal firearms licensee totals for Idaho as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

There is no law in Idaho prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law prohibits purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

• Was a current or former spouse, parent, or guardian of the victim;

• Shares a child in common with the victim;

• Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

• Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Idaho domestic violence misdemeanor convictions are found within criminal history records.

There is no law in Idaho prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition. Federal law prohibits purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabitated. 18 U.S.C. § 921(a)(32).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Idaho civil protective orders are entered into the National Crime Information Center (NCIC) protective order file.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Idaho Background Checks section.

No relevant statutes currently exist.

A governmental unit (defined as a political subdivision of the state, including a municipality or county, or any other governmental agency whose authority is derived from the laws or constitution of Idaho; see Idaho Code Ann. § 5-247(1)) may not bring suit against a firearms or ammunition manufacturer, trade association or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of firearms or ammunition to the public.  Section 5-247(2).

However, a governmental unit on behalf of the state or any other governmental unit may bring a suit described by section 5-247(2) if the suit is approved in advance by the legislature by adoption of a concurrent resolution or by enactment of a statute.  Section 5-247(3).  In addition, the state attorney general may bring a suit described by section 5-247(2) on behalf of the state or any other governmental unit.  Section 5-247(5).

A governmental unit may bring an action against a firearms manufacturer, trade association or seller for recovery of damages for:

• Breach of contract or warranty as to firearms or ammunition purchased by a governmental unit;

• Damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition; or

• Injunctive relief to enforce a valid ordinance, statute or rule.

Section 5-247(4).

Section 6-1410(1) provides that in a products liability action, no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.

The Idaho Legislature has also declared that, in product liability actions, the potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design. Section 6-1410(2)(a). Furthermore, the legislature deems that injuries or damages resulting from the discharge of a firearm or ammunition are not proximately caused by the potential of a firearm or ammunition to cause serious injury, damage, or death, but are proximately caused by the actual discharge of the product. Section 6-1410(2)(b).

Nevertheless, the provisions of section 6-1410 shall not affect a products liability cause of action based upon the improper selection of design alternatives.  Section 6-1410(3).

For information about limitations on the liability of sport shooting ranges, see the Idaho State Preemption section.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Idaho does not specifically regulate junk guns or unsafe firearms.  However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Campaign to Prevent Gun Violence), Idaho’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Idaho Consumer Protection Act, Idaho Code Ann. § 48-604(2). For details, view the Center’s report, “Targeting Safety.”

No relevant statutes currently exist.

Article I, § 11 of the Idaho Constitution provides that no law shall impose licensure on the ownership or possession of firearms or ammunition.

No relevant statutes currently exist.

A state administrative regulation requires firearms at a foster home to be stored:

• Unloaded and equipped with a trigger lock;

• Unassembled and inoperable;

• Locked in a cabinet or storage container inaccessible to children; or

• Locked in a gun safe inaccessible to children.

Idaho Admin. Code r. 16.06.02.435.

House parents at a children’s residential care facility must keep their firearms unloaded and equipped with trigger locks and stored under lock and key and inaccessible to children. R. 16.06.02.734. Ammunition must be stored under lock and key separate from firearms and inaccessible to children. Id.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

There is no law in Idaho requiring the reporting of mental health information to NICS. The following records are generally exempt from disclosure; however, this “shall not apply to the extent that such records or information contained in those records are necessary for a background check on an individual that is required by federal law regulating the sale of firearms, guns or ammunition:”

• Records contained in court files of judicial proceedings, the disclosure of which is prohibited by or under rules adopted by the Idaho Supreme Court;

• Records related to the provision of statutory services to the mentally handicapped;

• Records of hospital care,

• Medical records;

• Records of psychiatric care or treatment; and

• Professional counseling records.

Idaho Code §§ 9-340A(2), 9-340C(6), (13).

For general information on the background check process and categories of prohibited purchasers or possessors, see the Idaho Background Checks section.

Idaho prohibits any person under age 18 from possessing any handgun. Idaho Code Ann. § 18-3302F(1). In addition, persons under age 18 are prohibited from possessing a weapon (defined to include any "pistol, revolver or gun" per section 18-3302A) unless the minor: 1) has the written permission of his or her parent or guardian to possess the weapon; or 2) is accompanied by his or her parent or guardian while he or she possesses the weapon. Section 18-3302E(1). Any minor under age 12 in possession of a weapon must be accompanied by an adult. Section 18-3302E(2).

The possession prohibitions concerning minors under sections 18-3302E and 18-3302F do not apply to any:

• Patron firing at a lawfully operated target concession at an amusement park or similar location, provided that the firearm to be used is firmly chained or affixed to the counter;

• Person in attendance at a hunter's safety course or a firearms safety course, including while traveling to or from these activities with an unloaded firearm;

• 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 firearm is not prohibited by state or local law, including while traveling to or from these locations with an unloaded firearm;

• Person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition, including while traveling to or from these activities with an unloaded firearm;

• Minor under age 18 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, including while traveling to or from the location with an unloaded firearm; or

• Resident or non-resident hunters with a valid hunting license or other persons who are lawfully engaged in hunting, including while traveling to or from such hunting activities with an unloaded firearm.

Section 18-3302G.

In addition, no person under age 12 shall 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 in the state of Idaho, except that the holder of a youth small game license or youth hunter education graduate license, if accompanied by an adult licensed to hunt in Idaho, may possess a firearm for hunting while in the fields or forests. Section 36-1508(b).

Section 18-3302(11) provides that:

The sheriff of a county may issue a license to carry a concealed weapon to those individuals between the ages of eighteen (18) and twenty-one (21) years who in the judgment of the sheriff warrant the issuance of the license to carry a concealed weapon. Such issuance shall be subject to limitations which the issuing authority deems appropriate. Licenses issued to individuals between the ages of eighteen (18) and twenty-one (21) years shall be easily distinguishable from regular licenses.

Federal law prohibits the sale by a licensed dealer of a handgun or handgun ammunition to anyone under age 21, per 18 U.S.C. § 922(b)(1), (c)(1).  This provision does not prohibit private sellers (sellers not federally licensed) from selling handguns and handgun ammunition to persons under age 21, however.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Idaho, although federal and state purchaser prohibitions still apply. See the Idaho Background Checks section.

Idaho prohibits any person from selling to any minor under age 18 any weapon (defined to include any pistol, revolver or gun) without the written consent of the parent or guardian of the minor. Idaho Code Ann. § 18-3302A.

Idaho also prohibits any person, firm, association or corporation from selling or giving to any minor under the age of 16 any firearms of any description or any shells or fixed ammunition of any kind, except shells loaded for use in shotguns and for use in rifles 22 caliber or smaller, without first obtaining the written consent of the minor’s parent or guardian.  Section 18-3308.

Idaho prohibits supplying, selling, or giving possession or control of any firearm to any person who the transferor knows is a gang member. Section 18-8505.

Article I, § 11 of the Idaho Constitution provides that no law shall impose registration on the ownership or possession of firearms or ammunition.

No relevant statutes currently exist.

No relevant statutes currently exist.