Idaho Gun Laws

Idaho Gun Laws

Idaho State Gun And Self-Defense Laws: YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.  Always Consult An Attorney          

Rifles & Shotguns Handguns
Permit to Purchase NO NO
Registration of Firearms NO NO
Licensing of Owners NO NO
Permit to Carry NO NO*

*A permit to carry is available, but it is not required to carry a handgun either openly or concealed. 

Effective July 1, 2016, state law allows any Idaho resident to carry a concealed handgun without a license to carry, provided the person is over 21 years old and not disqualified from being issued a license to carry concealed weapons under state law. (S.L. 2016, ch. 208, § 1, eff. July 1, 2016.)

Duty to retreat before using Deadly force outside of Special Places

No - Idaho Criminal Jury Instruction #1519

Crimes Justifying use of Deadly Force outside of Special Places

Aggravated assault, robbery, rape, murder or other heinous crime; Violent Felony

Duty to Retreat when occupying special Places - Special places Mentioned in Statute such as Home, Workplace, Occupied Vehicle

No - Idaho Criminal Jury Instruction #1519

Presumption of Reasonableness in Special Places - Unlawful Acts justifying use of Deadly Force in Special Places

NO

Immunity from Civil liability

YES

Notable Provisions of this State's Self-Defense Law

WARNING - Defense of third person limited to specific persons

How to obtain a Concealed Carry Permit in Idaho

May I carry a weapon on my person in Idaho?

Yes, you may carry a weapon that is clearly visible. If you are carrying a concealed weapon outside the limits of the city you may do so without a license if you are at least 18 years old and not disqualified under Idaho law from obtaining a concealed weapon license.

You may carry a concealed weapon without a license in city limits if you are at least 21 years of age, a resident of Idaho and not disqualified under Idaho law from obtaining a concealed weapon license.

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Idaho permits the open carrying of firearms. Effective July 1, 2016, state law allows any Idaho resident to carry a concealed handgun without a license to carry, provided the person is over 21 years old and not disqualified from being issued a license to carry concealed weapons under state law. (S.L. 2016, ch. 208, § 1, eff. July 1, 2016.)
The law permits both residents and non-residents who are over 18 years old to carry concealed weapons outside the limits of or confines of any city, without a license, if the person is not otherwise disqualified from being issued a license to carry. A person may also carry concealed weapons on or about his or her person without a license in the person’s place of abode or fixed place of business, on property in which the person has any ownership or leasehold interest, or on private property where the person has permission to carry from any person with an ownership or leasehold interest in that property.                                                                     
A “concealed weapon” includes a firearm “carried on or about the person in a manner not discernible by ordinary observation.” Idaho Code §§ 18-3302(3), (2). “Upon or about one’s person” has been defined by the Idaho courts as encompassing not only the carrying of a weapon in one’s clothing or a handbag or bag, but going about with the weapon in such close proximity that it is readily accessible for prompt use.
 
The test for concealment is whether the weapon is carried so as not to be discernible by ordinary observation. State v. McNary, 100 Idaho 244, 247, 596 P.2d 417, 420 (1979). The restrictions on carrying a concealed weapon without a license do not apply to weapons located in plain view; any lawfully possessed shotgun or rifle; a firearm that is not loaded and is concealed in a motor vehicle; a firearm that is not loaded and is secured in a case; and a firearm that is disassembled, or permanently altered such that it is not readily operable. Idaho Code § 18-3302(4).
 
Idaho has additional exemptions from the carry license requirement for officials of a city, county or the state of Idaho, law enforcement officers, members of the armed forces or the national guard when in performance of official duties, persons with a valid carry license from another state, and others. Idaho Code § 18-3302(5). Idaho is a “shall issue” state respecting the issuance of concealed carry licenses. Licenses to carry are issued by the sheriff in the county in which the applicant resides. The sheriff must issue the license within 90 days of the filing of an application by a person who is not disqualified from possessing or receiving a firearm under state or federal law.

To Obtain a Permit for Reciprocity Purposes:

For a CCW you must apply at your local Sheriff’s department. Idaho Is A Shall Issue State

In Idaho you must demonstrate familiarity with the firearm. Usually, one of the following courses is required:

  1. A hunter education or hunter safety course approved by the Idaho Department of Fish and Game or a similar agency of another state;
  2. A National Rifle Association firearms safety or training course or any National Rifle Association hunter education course;
  3. A firearms safety or training course or class offered by a law enforcement agency, community college, college, university, or private or public school or firearms training school. You may wish to utilize instructors certified by the National Rifle Association or the Idaho State Police;
  4. A law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, law enforcement agencies or security enforcement agencies

A county sheriff may grant you a license without completing one of the courses if:

  1. You present evidence of equivalent experience with a firearm through your participation in an organized shooting competition or military service; or You are licensed or have been licensed to carry a firearm in Idaho or an Idaho county or city, unless the license has been revoked for cause.
(Some states honor Idaho's ENHANCED permit ONLY: AZ, DE, MN, NM, SC, VA, WA, WI, or only Idaho RESIDENT permits: CLICK HERE .)  For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.  YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.