Idaho Gun Laws: Concealed Carry, Open Carry and Buying a Gun

Yes. A person may carry a concealed deadly weapon (including a handgun) without a license if the person is over eighteen (18) years of age, is a citizen of the United States or a current member of the U.S. armed forces, and is not disqualified from a license under paragraphs (b) through (n) of § 18-3302(11) (for example: charged with or convicted of a crime punishable by more than one year, fugitive, unlawful drug user, certain mental-health adjudications, dishonorable discharge, illegal alien, subject to certain protection orders, or otherwise barred from firearms under state or federal law). Separately, anyone 18 or older who is not disqualified may carry concealed outside the limits of any city. Carrying a concealed weapon in violation of § 18-3302 is a misdemeanor.

Idaho issues two licenses, both through the county sheriff on behalf of the state, and both are shall-issue (the sheriff 'must' issue within ninety (90) days to applicants who are not disqualified). (1) Standard license to carry concealed weapons: minimum age twenty-one (21); the sheriff may require proof of familiarity with a firearm and must accept any one listed item (e.g., hunter education, an NRA or law-enforcement safety course, military service, or competition experience); fingerprints and a national records check; fee $20.00 original and $15.00 renewal (plus actual fingerprint and materials costs); valid five (5) years. Persons 18 to 21 who would otherwise qualify for the enhanced license get a distinguishable license that expires on their 21st birthday. A sheriff may also issue a temporary emergency license valid not more than ninety (90) days. (2) Enhanced license (§ 18-3302K): applicant must be over 21, an Idaho resident for at least six (6) consecutive months (or hold a carry license from the home state), and have completed within the prior twelve (12) months a face-to-face handgun course of at least eight (8) hours that includes Idaho law and live fire of at least ninety-eight (98) rounds; fee $20.00 original, $15.00 renewal; valid five (5) years.

Allowed without a license. Idaho's concealed-weapons licensing rule does not apply to a deadly weapon located in plain view or to a lawfully possessed shotgun or rifle. Under state law a person under eighteen (18) may not possess a handgun (with exceptions such as hunting, ranges, safety courses and use on land with permission), a minor under 18 may possess other weapons only with written parental permission or while accompanied by a parent or guardian, and a minor under twelve (12) must be accompanied by an adult.

It is a misdemeanor to sell, directly or indirectly, any pistol, revolver or gun (or dirk, bowie knife or dagger) to a minor under eighteen (18) without the written consent of the minor's parent or guardian; selling or giving any firearm to a minor under sixteen (16) without written parental consent is also a misdemeanor. A person under eighteen (18) may not possess a handgun (except under listed exceptions such as hunting, ranges and safety courses), and providing a handgun to a minor in violation of that rule is a misdemeanor. The same rules apply to private sellers; state law sets no higher purchase age.

Idaho has no state law that requires a background check, permit or license for private (non-dealer) firearm sales, and Idaho has no permit-to-purchase. The state occupies the whole field of firearms regulation, so cities and counties may not regulate the sale, acquisition or transfer of firearms. A person 21 or older who presents a valid Idaho concealed weapons license is exempt from the records check at the time of purchase from a federally licensed dealer (a temporary emergency license does not qualify).

Idaho has no state law that sets a waiting period for buying any firearm, and local governments are barred from regulating firearm sales or transfers.

Idaho has no state law that provides for extreme risk protection orders (red flag orders).

Idaho has no state law that bans assault weapons or limits magazine capacity. State law bars Idaho government entities from using resources to enforce new federal rules on firearms, accessories (defined to include magazines) or ammunition that are contrary to article I, section 11 of the Idaho constitution, and local governments may not regulate firearms or their components.

No license is needed for any deadly weapon concealed in a motor vehicle, for a firearm that is unloaded and secured in a case, or for a disassembled or inoperable firearm. Eligible adults over 18 may also carry concealed without a license under § 18-3302(4)(f). On K-12 school property, an adult who is not a K-12 student may keep a firearm secured and locked in a vehicle in an unobtrusive manner, and a person may have one in a private vehicle while delivering or picking up students.

All states. The Idaho State Police states that Idaho acknowledges the validity of all other states' concealed weapons licenses/permits. Non-residents carrying concealed in Idaho must have a valid license or permit from the state that issued it, in their physical possession.

Licensees and permitless carriers may not carry concealed in a courthouse, juvenile detention facility or jail, or a public or private school (misdemeanor), except peace officers, on-duty security, persons authorized by the facility, and school employees authorized by the school board. Possessing a firearm on K-12 school property, at a school-sponsored activity or on school transportation is a misdemeanor (up to one year in jail and/or $1,000), with exceptions including adults with a firearm locked in their vehicle. On public college and university campuses, enhanced-license holders may carry but not inside student dormitories or residence halls, or inside a public entertainment facility seating at least 1,000 that posts signs. Carrying concealed while intoxicated or under the influence is a misdemeanor. Private property owners, tenants, employers and businesses may restrict carry; that does not extend to state or local government property normally open to the public, except invitation-only, ticketed or restricted-access events.

Idaho has no state law that regulates unserialized or homemade firearms or firearm kits. State law bars Idaho entities from enforcing new federal rules on firearm components (defined to include parts, design plans, software and tools for making firearms) that conflict with article I, section 11 of the Idaho constitution.