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/Law | Long guns | Handguns | Relevant statutes | Notes |
State permit required to purchase? | No | No | ||
Firearm registration? | No | No | ||
Assault weapon law? | No | No | ||
Magazine Capacity Restriction? | No | No | ||
Owner license required? | No | No | ||
Permit required for concealed carry? | N/A | No | As 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. Permitless carry was also expanded to any weapon. | |
Permit required for open carry? | No | No | 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 |
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. Permitless carry outside city limits was already legal for all aged 18 or older. Idaho was the ninth "constitutional carry" or permitless concealed carry state, with Vermont being the first.
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 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.
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.
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.
Open carry is legal in Idaho. A concealed weapons license is not required for open carry, nor for long guns. 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.
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."
The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.
Stand-your-ground was passed in 2018. Previously stand-your-ground was the law in practice based on jury instructions for homicide or battery cases.