Idaho

Idaho License Eligibility

A license to carry concealed weapons shall not be issued to any person who:

• Is under twenty-one (21) years of age, except as otherwise provided in this section;
• Is formally charged with a crime punishable by imprisonment for a term exceeding one (1) year;
• Has been adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one (1) year;
• Is a fugitive from justice;
• Is an unlawful user of marijuana or any depressant, stimulant or narcotic drug, or any controlled substance as defined in 21 U.S.C. section 802;
• Is currently suffering from or has been adjudicated as having suffered from any of the following conditions, based on substantial evidence: Lacking mental capacity;
• Mentally ill; Gravely disabled; An incapacitated person
• Has been discharged from the armed forces under dishonorable conditions;
• Has received a withheld judgment or suspended sentence for a crime punishable by imprisonment for a term exceeding one (1) year, unless the person has successfully completed probation;
• Has received a period of probation after having been adjudicated guilty of, or received a withheld judgment for, a misdemeanor offense that has as an element the intentional use, attempted use or threatened use of physical force against the person or property of another, unless the person has successfully completed probation;
• Is an alien illegally in the United States;
• Is a person who having been a citizen of the United States has renounced his or her citizenship;
• Is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify him from obtaining a concealed weapons license;
• Is subject to a protection order issued under chapter 63, title 39, Idaho Code, that restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or
• Is for any other reason ineligible to own, possess or receive a firearm under the provisions of Idaho or federal law.

Idaho Code § 18-3302 (11) (a-n)

Idaho CWL Training Requirements

The sheriff may require the applicant to demonstrate familiarity with a firearm and must accept any one (1) of the following as evidence of the applicant's familiarity with a firearm:

• Completion of any hunter education or hunter safety course approved by the department of fish and game or a similar agency of another state;
• Completion of any national rifle association firearms safety or training course or any national rifle association hunter education course or any equivalent course;
• Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, community college, college, university or private or public institution or organization or firearms training school, utilizing instructors certified by the national rifle association or the Idaho state police;
• Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or offered for any division or subdivision of a law enforcement agency or security enforcement agency;
• Evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;
• A current license to carry concealed weapons pursuant to this section, unless the license has been revoked for cause;
• Completion of any firearms training or safety course or class conducted by a state-certified or national rifle association-certified firearms instructor; or
• Other training that the sheriff deems appropriate.

Idaho Code § 18-3302 (9)

Idaho ECWL Training Requirements

Applicants for an Enha

Idaho Provisional CWL

The sheriff of a county shall issue a license to carry a concealed weapon to those individuals between the ages of eighteen (18) and twenty-one (21) years who, except for the age requirement contained in section 18-3302K(4), Idaho Code, would otherwise meet the requirements for issuance of a license under section 18-3302K, Idaho Code. Licenses issued to individuals between the ages of eighteen (18) and twenty-one (21) years under this subsection shall be easily distinguishable from licenses issued pursuant to subsection (7) of this section.

A license issued pursuant to this subsection after July 1, 2016, shall expire on the twenty-first birthday of the licensee. A licensee, upon attaining the age of twenty-one (21) years, shall be allowed to renew the license under the procedure contained in section 18-3302K(9), Idaho Code. Such renewal license shall be issued as an enhanced license pursuant to the provisions of section 18-3302K, Idaho Code.

Idaho Code § 18-3302 (20)

Idaho License Application Process

Applicants for a CWL or Enhanced CWL must do the following:

• Apply in person at the county sheriff’s office
• Provide proof of completion of the required training
• Submit fingerprints with the application
• Pay a $20 application fee (the sheriff may add additional fees necessary to cover the cost of processing fingerprints or necessary materials)

The sheriff’s office shall issue the CWL or Enhanced CWL within 90 days.

The license shall be valid for 5 years from the date of issuance.

The fee for renewal of the license shall be $15.

Idaho Code § 18-3302

Idaho Permitless Carry

First in 2016, and then expanded in 2020, the Idaho legislature passed a permitless concealed carry law. A person does not have to have a concealed weapons license to carry or be in possession of a deadly weapon or firearm in the following circumstances:

• Any deadly weapon located in plain view;
• Any lawfully possessed shotgun or rifle;
• Any deadly weapon concealed in a motor vehicle;
• A firearm that is not loaded and is secured in a case;
• A firearm that is disassembled or permanently altered such that it is not readily operable; and
• Any deadly weapon concealed by a person who:
  • Is over eighteen (18) years of age;
  • Is a citizen of the United States or a current member of the armed forces of the United States; and
  • Is not disqualified from being issued a license under paragraphs (b) through (n) of subsection (11) of this section.

Idaho Code § 18-3302

Idaho Preemption Law

Idaho has a preemption law, which means only the state may enact firearm regulations.

1. The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen's right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature's intent to wholly occupy the field of firearms regulation within this state.
2. Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.

Idaho Code § 18-3302J

Idaho Private-Party Transfers

In Idaho, a private party may sell or give a firearm to anyone who resides in Idaho so long as they are of legal age and not otherwise prohibited from owning a firearm.

It shall be unlawful to directly or indirectly sell to any minor under the age of eighteen (18) years any weapon without the written consent of the parent or guardian of the minor. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not in excess of one thousand dollars ($1,000), by imprisonment in the county jail for a term not in excess of six (6) months, or by both such fine and imprisonment. As used in this section, "weapon" shall mean any dirk, dirk knife, bowie knife, dagger, pistol, revolver or gun.

Idaho Code § 18-3302A

Idaho Firearm Possession by Minors

It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any weapon, as defined in section 18-3302A, Idaho Code, unless he:

• Has the written permission of his parent or guardian to possess the weapon; or
• Is accompanied by his parent or guardian while he has the weapon in his possession.

Any minor under the age of twelve (12) years in possession of a weapon shall be accompanied by an adult.

Any person who violates the provisions of this section is guilty of a misdemeanor.

Idaho Code § 18-3302E

Idaho has no laws restricting the ammunition capacity of magazines.

Places Where Firearms Are Prohibited Under Idaho Law:

• Courthouses
• Juvenile and adult correctional facilities
• Public and private schools

Idaho Code Ann. §18-3302C (1)

Idaho Schools

School Property Exception: The prohibition against possessing a firearm on school property (K-12) does not apply to:

• Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, nonthreatening manner... A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity.

Idaho Code Ann. § 18-3302D (4)

Idaho Colleges and Universities

Those who possess an Idaho Enhanced Permit may carry their firearm onto public university or college campuses except within:

• a student dormitory or residence hall; or
• any building of a public entertainment facility, provided that proper signage is conspicuously posted at each point of public ingress to the facility notifying attendees of any restriction on the possession of firearms in the facility during the game or event.

A “public entertainment facility” means an arena, stadium, amphitheater, auditorium, theater or similar facility with a seating capacity of at least one thousand (1,000) persons.

Idaho Code Ann. § 18-3309

Idaho Criminal Trespass Law

A person commits criminal trespass and is guilty of a misdemeanor when he enters or remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted. A person has reason to know his presence is not permitted when, except under a landlord-tenant relationship, he fails to depart immediately from the real property of another after being notified by the owner or his agent to do so, or he returns without permission or invitation within one (1) year, unless a longer period of time is designated by the owner or his agent. In addition, a person has reason to know that his presence is not permitted on real property that meets any of the following descriptions:

• The property is reasonably associated with a residence or place of business;
• The property is cultivated;
• The property is fenced or otherwise enclosed in a manner that a reasonable person would recognize as delineating a private property boundary. Provided, however, if the property adjoins or is contained within public lands, the fence line adjacent to public land is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at the corners of the fence adjoining public land and at all navigable streams, roads, gates and rights-of-way entering the private land from the public land, and is posted in a manner that a reasonable person would be put on notice that it is private land; or
• The property is unfenced and uncultivated but is posted with conspicuous "no trespassing" signs or bright orange or fluorescent paint at all property corners and boundaries where the property intersects navigable streams, roads, gates and rights-of-way entering the land, and is posted in a manner that a reasonable person would be put on notice that it is private land.

Idaho Code § 18-7008(2)(a)

Idaho Open Carry

Open carry is generally allowed in Idaho with or without a permit, in all areas of the state where concealed carry is allowed.

Idaho Permitless Carry

First in 2016, and then expanded in 2020, the Idaho legislature passed a permitless concealed carry law. A person does not have to have a concealed weapons license to carry or be in possession of a deadly weapon or firearm in the following circumstances:

• Any deadly weapon located in plain view;
• Any lawfully possessed shotgun or rifle;
• Any deadly weapon concealed in a motor vehicle;
• A firearm that is not loaded and is secured in a case;
• A firearm that is disassembled or permanently altered such that it is not readily operable; and
• Any deadly weapon concealed by a person who:
• Is over eighteen (18) years of age;
• Is a citizen of the United States or a current member of the armed forces of the United States; and
• Is not disqualified from being issued a license under paragraphs (b) through (n) of subsection (11) of this section.

Idaho Code § 18-3302

Exhibition or Use of a Deadly Weapon

Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

Idaho Code § 18-3303

In Idaho, no-weapons signs do not have the force of law.

Consumption of Alcohol

1. It shall be unlawful for any person to carry a concealed weapon on or about his person when intoxicated or under the influence of an intoxicating drink or drug. Any violation of the provisions of this section shall be a misdemeanor.
2. In addition to any other penalty, any person who enters a plea of guilty, who is found guilty or who is convicted of a violation of subsection (1) of this section when such violation occurs on a college or university campus shall have any and all licenses issued pursuant to section 18-3302, 18-3302H or 18-3302K, Idaho Code, revoked for a period of three (3) years and such person shall be ineligible to obtain or renew any such license or use any other license recognized by this state for the same period.

Idaho Code § 18-3302B

Idaho Transporting a Firearm in a Vehicle
Subsection (3) of this section shall not apply to restrict or prohibit the carrying or possession of:

• Any deadly weapon located in plain view;
• Any lawfully possessed shotgun or rifle;
• Any deadly weapon concealed in a motor vehicle;
• A firearm that is not loaded and is secured in a case;
• A firearm that is disassembled or permanently altered such that it is not readily operable; and
• Any deadly weapon concealed by a person who :
• Is over eighteen (18) years of age;
• Is a citizen of the United States or a current member of the armed forces of the United States; and
• Is not disqualified from being issued a license under paragraphs (b) through (n) of subsection (11) of this section.

Idaho Code § 18-3302(4)

Idaho does not have any laws specifically related to how firearms must be stored.

Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.
Idaho Code § 18-3302J(2)

Interacting with Police

Idaho is a no-duty-to-inform state, which means you are under no legal obligation to affirmatively inform an officer of the presence of your firearm and may not be under a legal obligation to respond if asked by the officer.

• If you choose to inform an officer that you have a firearm, make sure you follow these rules:
  Keep your hands visible at all times.
• Comply fully with all instructions given by the officer.
• If you are asked if you have a firearm in your presence, it is recommended that you be completely truthful and cooperative.
• If asked, advise the officer of the location of the firearm.
• Do not reach for your firearm or other weapons unless instructed to do so.

Idaho does not have Emergency Risk Orders ("Red Flag Laws).

Idaho Self-Defense Law

Homicide is justifiable when committed by any person in any of the following cases:

• When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person;
• When committed in defense of habitation, a place of business or employment, occupied vehicle, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation, place of business or employment or occupied vehicle of another for the purpose of offering violence to any person therein;
• When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mortal combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or
• When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

Idaho Code § 18-4009 (1)

Idaho Self-Defense Jury Instruction

A homicide is justifiable if the defendant was acting in self-defense. In order to find that the defendant acted in self-defense, all of the following conditions must be found to have been in existence at the time of the killing:

• The defendant must have believed that the defendant was in imminent danger of death or great bodily harm.
• In addition to that belief, the defendant must have believed that the action the defendant took was necessary to save the defendant from the danger presented.
• The circumstances must have been such that a reasonable person, under similar circumstances, would have believed that the defendant was in imminent danger of death or great bodily injury and believed that the action taken was necessary.
• The defendant must have acted only in response to that danger and not for some other motivation.

Idaho does not have a law specific to the defense of others but does allow for the defense of a third person in its defense-of-person law.

Idaho “Castle Doctrine”

A person who unlawfully and by force or by stealth enters or attempts to enter a habitation… is presumed to be doing so with the intent to commit a felony.

Idaho Code § 18-4009 (2)

Deadly Force Presumption

A person using force or deadly force in defense of a habitation… is presumed to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the force is used against a person whose entry or attempted entry therein is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

Idaho Code § 19-202A (5)

"Habitation" means any building, inhabitable structure or conveyance of any kind, whether the building, inhabitable structure or conveyance is temporary or permanent, mobile or immobile, including a tent, and is designed to be occupied by people lodging therein at night, and includes a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest, and includes the curtilage of any such dwelling.

Idaho Code Ann. § 18-4009 (3) (a)

Defense of Property

When conditions are present which under the law justify a person in using force in defense of [another] [the person] [the person’s family] [property in the person’s lawful possession], that person may use such degree and extent of force as would appear to be reasonably necessary to prevent the threatened injury.

Reasonableness is to be judged from the viewpoint of a reasonable person placed in the same position and seeing and knowing what the defendant then saw and knew. Any use of force beyond that limit is unjustified.

Idaho Criminal Jury Instruction 1522

Idaho Civil Liability Law

Any party maimed or wounded by the discharge of any firearm aforesaid, or the heirs or representatives of any person who may be killed by such discharge, may have an action against the party offending, for damages, which shall be found by a jury, and such damages, when found, may in the discretion of the court before which such action is brought, be doubled.

Idaho Code Ann. § 18-3307

Idaho Civil Immunity Law

A person who uses force as justified [by the self-defense laws], is immune from any civil liability for the use of such force except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties.

Idaho Code Ann. § 6-808

Idaho Stand Your Ground Law

In the exercise of the right of self-defense or defense of another, a person need not retreat from any place that person has a right to be. A person may stand his ground and defend himself or another person by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge without the benefit of hindsight. The provisions of this subsection shall not apply to a person incarcerated in jail or prison facilities when interacting with jail or prison staff who are acting in their official capacities.

Idaho Code § 19-202A (3)