Idaho: State Firearms Laws

(As of August, 1994)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No          No 
Registration                 No          No
Licensing of Owner           No          No
Permit to Carry              No          Yes*

 * A permit is required to carry a concealed firearm.

State 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 the 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.

Possession

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

It is unlawful for any person to have in his possession any uncased firearm while in the fields or forests of the state without having first procured a hunting license. No license is required for residents to carry uncased firearms on property owned, leased, or controlled by them or on adjoining property for the purpose of taking predatory animals.

It is unlawful to possess or carry any firearm while intoxicated.

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.

Purchase

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

It is unlawful to sell, deliver, loan, or barter any firearm or ammunition to any person under the age of 16 or without the consent of that person's parent or guardian. (The Gun Control Act of 1968 prohibits the sale by a licensed dealer of a handgun, or ammunition for a handgun to anyone under 21 and prohibits the sale of a rifle or shotgun, or ammunition therefor, to anyone under 18.)

Carrying

It is unlawful to ``carry concealed upon or about'' one's person without a permit in the following areas:
  1. within the limits or confines of any city, town, or village;
  2. in any public assembly;
  3. in any mining, logging, railroad, or other construction camp;
  4. in public conveyance; or
  5. on public highways.
``Upon or about one's 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 ... readily accessible for prompt use.'' The test for concealment is whether the weapon is carried so as not to be discernible by ordinary observation.

Exempt from this provision are:

  1. officials of the county, state, or federal government;
  2. peace officers;
  3. guards of any jail;
  4. any officer of any express company on duty.
  5. court appointed attendants;
  6. employees of the adjutant general and military division of the state where military membership is a condition of employment when on duty;
  7. criminal investigators of the attorney general and prosecuting attorney's office, prosecutor's and their deputies;
  8. any person outside the limits of any city, mining, lumbering, logging, or railroad camp engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity;
  9. any publicly elected Idaho official;
  10. any retired peace officer with ten (10) years of service with the state or political subdivision who has been certified by the peace officer training standards.
Concealed carry permits are issued by a County Sheriff. The Sheriff must issue the permit within sixty (60) days of the filing of an application by a person, over 21, who is eligible to purchase a handgun under both state and federal law. If the applicant does not have a valid Idaho driver's license, or state identification card, the Sheriff may take ninety (90) days to issue the permit. 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, in which case an additional fee may be charged. The term of the license is four years and it may be renewed for a fee of $12.00 The applicant may be required to show proficiency with a firearm by completing a firearms safety or hunter safety course.

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.

It is unlawful to carry an uncased firearm in the field or forests without a valid hunting license on your person.

Antiques and Replicas

Idaho statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.

Machine Guns

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.

Miscellaneous Provisions

It is unlawful to exhibit any firearm in a rude, angry, or threatening manner in the presence of one or more persons.

It is unlawful to aim a firearm intentionally at another person.

It is unlawful to discharge intentionally any firearm at or toward another person.

When prohibited by local ordinance or law, it is a misdemeanor to make or keep gun powder, nitroglycerin or other highly explosive substances within a city or town, or to carry such substances through the streets.

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 person's hunting license may be revoked under the following circumstances:

  1. His careless handling of a gun causes an accident and injury to any person, property, or livestock.
  2. He carelessly injures another human being by gunfire.
  3. He 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.

Sources: Idaho Code sections 18-3301 et seq., 31-872, 3-401, 3-1508, 50-343.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. 

                  Compiled by:
        NRA Institute for Legislative Action
              11250 Waples Mill Road
              Fairfax, Virginia 22030

   (c)  1994, NRA Institute for Legislative Action.

NS3N 0913                             Rev. 7/94 5M