The heated national debate over gun control doesn't show any signs of cooling down anytime soon. But folks on both sides can agree that safety is the most important thing. To that end, Idaho has specific statutes in an effort to keep gun owners and the general public safe. Here are the basics of gun control laws in Idaho.
Idaho Gun Laws
State gun control laws can restrict what kind of guns people can purchase and who can purchase them. While the Second Amendment permits most citizens to keep and bear arms, certain weapons and accessories are illegal under Idaho law. Prospective gun owners must be 18 to purchase and may not have a felony conviction on their record, but the state does not impose a waiting period for firearm purchases.
The chart below highlights Idaho's gun control statutes (laws).
Relevant Statutes (Laws)
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Idaho Statutes 18-3302: Firearms, Explosives, and Other Deadly Weapons |
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Illegal Arms
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Possessing destructive devices is illegal in Idaho.
*"Destructive device" includes any type of weapon which will expel a projectile by explosive or another propellant, the barrel of which has a bore of more than .700 inches in diameter, except rifled and unrifled shotguns.
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Waiting Period
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There is no waiting period to purchase or own a firearm in Idaho. |
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Who May Not Own
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The following persons can't own a firearm in Idaho:
- People with a felony conviction
- Minors less than 18 years old (without consent or accompaniment of parent or guardian
- People who are not U.S. citizens
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License Required?
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No, you don't need a license to purchase a firearm in Idaho. |
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Concealed Carry License Required?
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You are not required to obtain a concealed carry license in Idaho. |
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Open Carried Allowed?
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Yes, open carry is allowed without a license in Idaho. |
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Eligibility for a Concealed Carry License
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You won't be eligible for a concealed carry license if you:
- Are under 21 years old (some exceptions apply)
- Were charged or convicted with a crime punishable by a term exceeding one year
- Have a misdemeanor conviction for intentionally using force or threatening to use force, unless you successfully complete probation
- Are in the U.S illegally
- Are a fugitive from justice
- Unlawfully use marijuana or other controlled substances
- Are mentally ill or gravelly disabled under the state laws
- Were dishonorably discharged from the military
- Are subject to a protection order
- Renounced your U.S citizenship
A county may require you to complete a firearm training course.
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Machine Gun Laws
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- You can own a machine gun in Idaho if you comply with federal law.
- The state prohibits minors from possessing automatic weapons.
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Penalties for Illegal Firearm Possession
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- Possessing a firearm after a felony conviction is a felony punishable with up to five years in prison and a fine not exceeding $5000 dollars.
- Unlawful possession of a firearm by a minor is a misdemeanor.
- Unlawful possession of destructive firearms is a felony punishable by up to 5 years in prison and a $5000 fine.
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Penalties for Illegal Possession on or Near School Grounds
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Possession of a firearm on or near school grounds is a misdemeanor punishable with up to one year or a fine not exceeding $1,000 or both |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Federal Gun Laws Affecting Idaho Gun Owners
Along with Idaho's firearm statutes, federal gun laws also restrict the kinds of guns a person may legally own. As noted above, the Second Amendment allows gun ownership, but the government, both state and federal, can place some restrictions on the types of firearms people can own, how they can be purchased, and who may purchase them. And federal law is always superior to state laws where they overlap. Therefore, Idaho gun owners must also comply with the Brady Handgun Violence Prevention Act and the National Firearms Act.
Related Resources for Gun Control Laws in Idaho
State and federal gun control laws can be complex. FindLaw's section on Gun Laws can provide you with further articles and information on this topic. If you would like legal help regarding a gun matter, you can consult with an Idaho attorney in your area. And if you have been injured by a firearm, you may have recourse against the manufacturer, distributor, or owner of the gun.