Gun laws in Idaho

Location of Idaho in the United States

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.[3][1][2] Permitless carry outside city limits was already legal for all aged 18 or older.[4][5][6][7] Idaho was the ninth "constitutional carry" or permitless concealed carry state, with Vermont being the first.[8][9]

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.[10][11][12][13]

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.[14]

As of July 1, 2014, persons with an Idaho "Enhanced Concealed Weapons Licence" (hereafter "Idaho Enhanced Permit") or qualified retired law enforcement officer are 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.[15]

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.[16][17]

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.[11]

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."[18][19]

The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.[18]

Stand-your-ground was passed in 2018.[20] Previously stand-your-ground was the law in practice based on jury instructions for homicide or battery cases.[21]