What follows is an overview of key issues often used to profile a state’s overall stance on firearms rights and regulations. These are just the basics. Any conditions and exceptions are covered elsewhere.
Idaho is a state with relatively few constrictions purchase, possession, and usage of firearms. (For a series of charts that let you compare key gun policies for each state and the District of Columbia, see the Wikipedia article on Gun laws in the United States by state.)
When it comes to firearm rights and regulations, what you DON’T find on the books can be as important as what you DO find in them.
For instance, the Idaho state Constitution explicitly guarantees the right to keep and bear arms.
However, when it comes to firearms purchasing, registering, and licensing, there isn’t much on the books in the Idaho legislative Statutes. That’s because no Idaho permit or waiting period is required to purchase firearms, and there is no registration or licensing – even though there are typical restrictions about who cannot purchase firearms (for example, due to age, convicted felon status, or mental health status).
State laws preempt local controls or restrictions, and since the state is more rights-oriented than restriction-oriented, this falls more in the favor of gun owners.
Idaho allows open carry of both long guns/rifles and of handguns.
It is a “shall issue” state for concealed carry, meaning you must hold a valid Idaho permit to carry a concealed handgun and if you meet the criteria the state must issue you the permit. (For an at-a-glance comparison chart of states and District of Columbia for their type of policies, see the Wikipedia article on Concealed Carry in the United States.)
Idaho is a Castle Law state – not a Stand Your Ground state. This means there is no duty to retreat if there is imminent danger in one’s home, and there is civil immunity from for justifiable homicide of an intruder. (For a series of lists that let you compare the Stand Your Ground or Castle Doctrine laws for each state and the District of Columbia, see the Wikipedia article on Castle doctrine.)
There is no “assault weapon” ban. Also, there are no restrictions on “NFA Weapons,” as long as they conform to federal regulations. (NFA Weapons include automatic weapons, short-barreled shotguns and rifles, etc., that are regulated by the National Firearms Act of 1934 and Firearm Owners Protection Act of 1986.)
Idaho conforms to federal rules on “peaceable journey” for citizens of other states carrying firearms in Idaho.
Following is a list of the indexing sections that appear in the rest of this page. These index sections may contain summaries of the key Idaho legal issues for that topic, or list the various legal sources (Constitution, Executive Orders, Administrative Code Rules, Legislative Statutes) related to those topics, or both.
Links to PPG’s Idaho Firearm Rights resource pages will be added to the index sections later, and these will lead to extended resource summaries and paraphrases we put together ourselves to help those who are researching specific topics, issues, and controversies.
Note: This index is all about Idaho. Federal rights, rules, and regulations are not addressed in these sections.
Three sections of the Idaho state Constitution present the core rights of Idaho citizens, related to the right to keep and bear arms.
Section 1. Inalienable Rights of Man include “defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.”
Section 11. Right to Keep and Bear Arms affirms the right of Idaho citizens to keep and bear arms.
Section 11 allows for the passage of laws related to restriction or misuse of firearms.
Section 11 prohibits the passage of any law involving:
Section 23. The Rights to Hunt, Fish and Trap affirms the rights of Idaho citizens to hunt, fish, and trap, including by “use of traditional methods.” These rights do not include a right to trespass on private property, affect water rights, or diminish any other private rights.
Section 23 allows for the passage of laws related to the suspension or revocation of an individual’s license for hunting, fishing, or trapping.
For details see:
Prohibited sales or transfers:
Firearms are prohibited in the following locations (although certain kinds of individuals may be exempt from the prohibition as noted).
The Capitol Mall area:
Children’s residential care facilities:
Children’s therapeutic outdoor programs:
Mental health clinics:
Veterans Homes:
Schools:
Hotels:
Certain public events:
Firearms are allowed in the following locations but are subject to specific regulations:
Foster homes:
For details see:
For details see:
18-3302. Issuance of licenses to carry concealed weapons.
18-3302D. Possessing weapons or firearms on school property.
18-3302H. Carrying of concealed firearms by qualified retired law enforcement officers.
For details see:
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Note: Many other Chapters address misdemeanors, felonies, etc., where misuse of weapons is mentioned explicitly. Those list of such references will be added later.
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