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.
| Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| State Permit to Purchase? | No | No | ||
| Firearm registration? | No | No | ||
| Assault weapon law? | No | No | ||
| Magazine Capacity Restriction? | No | No | ||
| Owner license required? | No | No | ||
| Concealed Carry permits issued? | No | Yes | Idaho 18-3302 | May carry concealed when outside the confines of a city or city limits, and inside a vehicle while engaged in a lawful outdoor activity. As of July 1, 2016, permitless concealed carry within cities is also legal for Idaho residents 21 years and older. Nonresidents still need a permit to carry concealed within city limits. |
| Open Carry? | Yes | Yes | May carry openly without a permit in a vehicle or on foot. | |
| State Preemption of local restrictions? | Yes | Yes | Cities May regulate the discharge of firearms within their confines or limits. | |
| NFA weapons restricted? | No | No | Permitted as long as such possession is in compliance with all federal regulations | |
| Peaceable Journey laws? | No | No | Federal rules observed. | |
| Background checks required for private sales? | No | No |
On Friday, March 25th, 2016 Governor Butch Otter signed into law SB1389 making it legal for Idahoans 21 years of age and older to carry a concealed gun without a permit within cities; permitless carry outside city limits was already legal.[1][2][3][4]
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.[5][6][7][8]
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 a minimum of 98 rounds.[9]
As of July 1, 2014, persons with an Idaho "Enhanced Concealed Weapons Licence" (hereafter "Idaho Enhanced Permit") or qualified retired law enforcement officer will be 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.[10] Note that currently no clear legal precedent exists concerning the carrying of a concealed firearm on campus with any Concealed Weapons Licence other than the Idaho Enhanced Permit. At best, a person found in possession of a concealed weapon on a postsecondary campus who did not have an Idaho Enhanced Permit is liable civilly. At worst, he or she is liable criminally.
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.[6] A concealed weapons license is not required when you are outside the confines of a city, or when in a motor vehicle while engaged in other lawful outdoor activities. As of July 1, 2016, a concealed weapons license is not required for Idaho residents 21 and older within city limits; nonresidents still require a permit.[6]
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."[11][12]
The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.[11]
References
- ^ https://www.legislature.idaho.gov/legislation/2016/S1389.htm
- ^ http://www.localnews8.com/news/gov-otter-signs-permitless-concealed-carry-bill/38702180
- ^ http://bearingarms.com/governor-signs-permitless-concealed-carry-law/
- ^ http://www.guns.com/2016/03/26/idaho-becomes-9th-state-to-adopt-constitutional-carry/
- ^ "Idaho statute 18-3302 – Issuance of Licenses to Carry Concealed Weapons". .state.id.us. Retrieved November 23, 2011.
- ^ a b c "Idaho Attorney General – Concealed Weapons Permit FAQs". .state.id.us. Retrieved November 23, 2011.
- ^ Idaho Concealed Carry CCW Laws and Information on carryconcealed.net Archived November 28, 2011, at the Wayback Machine
- ^ "Idaho Concealed Carry Information on". Usacarry.com. July 1, 2006. Retrieved November 23, 2011.
- ^ "18-3302K. ISSUANCE OF ENHANCED LICENSES TO CARRY CONCEALED WEAPONS". Retrieved February 1, 2014.
- ^ "Idaho: Concealed Carry Expansion and Youth Hunting Laws Effective Today". NRA-ILA. July 1, 2014. Retrieved July 1, 2014.
- ^ a b "Firearms Laws for Idaho at nraila.org" (PDF). Retrieved November 23, 2011.
- ^ "Idaho State Law Summary at". Lcav.org. October 7, 2011. Retrieved November 23, 2011.