· gun laws · 9 min read

Idaho Concealed Carry Firearm Laws

Idaho: Gun Laws Summary

Idaho is a shall-issue state for concealed carry. This means that county sheriffs issue concealed weapon licenses locally. If you are over 18 and legally allowed to possess a firearm, you can carry a concealed firearm without a license.

You do not need a license to purchase a firearm from a private individual in Idaho. There is also no waiting period, background check, or firearms registration required. But if you purchase a handgun from a Federal Firearms Licensee (FFL), you will need to undergo a background check.

Permitless concealed carry became legal in Idaho in March 2020. This means that any U.S. citizen over the age of 18 who can legally possess a firearm or a current member of the armed forces of the United States can carry a concealed firearm for self-defense without a license.

Open carry is legal for anyone over 18 who can legally possess a firearm without a license in Idaho. Some areas are off-limits, including elementary schools and courthouses.

Concealed Carry Licenses

Idaho offers two types of Concealed Weapons Licenses (CWL). Both require the applicant to be at least 18 years old. A CWL covers concealed weapons including any dirk, dirk knife, bowie knife, dagger, pistol, revolver, or any other deadly or dangerous weapon. An Enhanced CWL is available for purposes of reciprocity for those who wish to travel out of state.

Idaho issues CWLs to residents and non-residents. Concealed carry licenses require a firearms training course that has been state-approved or experience with a firearm through participation in an organized shooting competition or military service. Some states will only accept the enhanced version of Idaho’s license.

Self-Defense Laws in Idaho

Idaho is a Castle Doctrine state and has a “stand your ground” law. A law-abiding citizen may stand his or her ground and protect himself or herself or a third party anywhere he or she has a legal right to be.

Defense of Self and Others

No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting oneself or family by reasonable means necessary, or when coming to the aid of another whom they reasonably believe to be in imminent danger of or the victim of aggravated assault, robbery, rape, murder, or other heinous crime. A person confronted with such danger has a clear right to act upon appearances such as would influence the action of a reasonable person.

Defense of Place

A person using force or deadly force in defense of a habitation, place of business or employment, or occupied vehicle 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 is unlawful and is made or attempted by use of force, in a violent and tumultuous manner, surreptitiously or by stealth, or for the purpose of committing a felony.

Liability

A person is released from liability when protecting oneself or family by reasonable means necessary or when coming to the aid of another whom they reasonably believe to be in imminent danger of or the victim of aggravated assault, robbery, rape, murder, or other heinous crime.

The term “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. It is designed to be occupied by people lodging therein at night, including 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.

The term “place of business or employment” means a commercial enterprise or establishment owned by a person as all or part of the person’s livelihood or is under the owner’s control or under the control of an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the place of business or employment.

The term “vehicle” means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.

[Idaho Code Ann. §§ 19-202A & 18-4009]

Idaho: Gun Laws at a Glance

Permitless CarryAny U.S. citizen over the age of 18 who can legally possess a firearm and any current member of the armed forces of the United States, may carry a concealed firearm for self-defense without a permit. [Idaho Code Ann. § 18-3302(17)]
Tasers/Stun GunsStun guns and Tasers are legal to purchase and possess without a license. [Idaho Code Ann. § 18-3302(17)]
Chemical Spray/Pepper SprayThere is no statute prohibiting the purchase or use of pepper spray in Idaho. [Idaho Code Ann. § 18-3302(17)]
Handgun Magazine Capacity RestrictionsThere are no restrictions on magazine capacity in Idaho. [Idaho Code Ann. § 18-3302(17)]
Ammunition RestrictionsThere are no special restrictions on the types of ammunition you may use in your concealed carry handgun in Idaho. [Idaho Code Ann. § 18-3302(17)]
Minimum Age for Concealed Carry LicenseThe minimum age to apply for an Idaho Concealed Weapons License is 18. [Idaho Code Ann. § 18-3302(1)(a)]
Concealed Carry License IssuanceIdaho officials shall issue concealed carry licenses provided that the applicant meets all qualifications. [Idaho Code Ann. § 18-3302(1)]
Open CarryAny person who is at least 18 years old and legally entitled to possess a firearm can open carry. [Idaho Code Ann. § 18-3302(4)]
Concealed Carry of Weapons Other Than HandgunsAny concealed deadly weapon is covered by an Idaho CWL license. This includes: Any dirk, dirk knife, bowie knife, dagger or firearm; Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or Any other weapon, device, instrument, material or substance that is intended by the person to be readily capable of causing death or serious bodily injury. [Idaho Code Ann. § 18-3302(7)]

Idaho: Carry Locations

Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Idaho?Yes in state/national parks, state/national forests and Wildlife Management Areas. See the National Parks webpage for links to each Park in Idaho. [Idaho Adm. Code 26.01.20.175.14]
Can you carry or possess a firearm on hotel property in Idaho?A hotelkeeper has the right to evict a person, whether or not the person is a guest of the hotel, who seeks to bring a firearm into the hotel. The hotelkeeper is not required to provide accommodations, facilities or privileges of the hotel to any such person. Therefore, the individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information. [Idaho Code Ann. § 39-1809]
Does Idaho have laws relating to storing firearms in private vehicles in an employee parking lot?Employers may post their parking lots to prevent employees from storing guns in their vehicles.
Can you carry a concealed handgun in a vehicle in Idaho?Yes, without a license, based on the signing of HB 516. [Idaho Code Ann. §§18-3302(3) & (4)]
Can you carry a concealed firearm at roadside rest areas in Idaho?Yes.
Can you carry a concealed firearm in bars and restaurants that serve alcohol in Idaho?Yes, there is no statute making it illegal to concealed carry, unless posted and provided you are not under the influence.

Idaho: Key State Laws

Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Idaho?No. There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Idaho. [Idaho Code Ann. § 18-3302]
Are “No Weapons Allowed” signs enforceable in Idaho?No. “No Weapons Allowed” signs are not enforced in Idaho. [Idaho Code Ann. § 18-3309]
Does Idaho issue concealed carry licenses to non-residents?Yes. [Idaho Code Ann. § 18-3302K]
Does Idaho allow the public to access concealed carry registry information through public records law?No. Idaho’s concealed carry registry is not publicly accessible. [Idaho Code Ann. § 18-3302L]
Is my Idaho driver’s license linked to my Idaho carry license?Yes. Your Idaho driver’s license is linked to your Idaho concealed weapons license. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry license holder if they run your driver’s license. [Idaho Code Ann. § 18-3302M]
Does Idaho have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?Yes. Yes, the state has preemption  over firearms, except a county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries, under most circumstances. [Idaho Code Ann. § 18-3302J]
Does Idaho state law define brandishing?No definition of brandishing was found in Idaho law.  Any person who shall intentionally, without malice, point or aim any firearm at or toward any other person shall be charged with a crime. [Idaho Code Ann. § 18-3304]. Every person who, not in necessary self-defense, in the presence of two 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, has committed a crime. [Idaho Code Ann. § 18-3303]
Does Idaho have a red flag law?No. Idaho does not have a red flag law.
Does Idaho have laws regarding carrying a concealed firearm while using alcohol or drugs?Not while intoxicated or under the influence of an intoxicating drink or drug. Licenses may be denied to an unlawful user of marijuana or any depressant, stimulant or narcotic drug, or any controlled substance as defined in 21 U.S.C. 802. [Idaho Code Ann. §§18-3302B and 18-3302(10)(e)]

Idaho: Handgun Purchase and Possession

Background Checks for Private Gun SalesPrivate firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun. [NRA-ILA]
Background Check Exemption with Idaho Concealed Carry LicenseYes. [NRA-ILA]
Waiting Period After Purchasing a HandgunNo. There is no waiting period to purchase a handgun in Idaho. [NRA-ILA]
Handgun RegistrationNo. Idaho does not require handguns to be registered. [NRA-ILA]
Permitless Carry in HomeYes. Permitless carry is allowed for anyone at least 18 years old and legally entitled to carry a firearm in Idaho. [NRA-ILA]
Handgun Permit RequirementsNo. No permit is required to purchase a handgun in Idaho. [NRA-ILA]
Minimum Age for Handgun Possession and Transport18 years old. It is unlawful for any person under the age of 18 to possess any weapon, as defined in section 18-3302A, Idaho Code, unless he or she has the written permission of his or her parent or guardian to possess the weapon; or is accompanied by his or her parent or guardian while he or she has the weapon in his possession. [Idaho Code Ann.§ 18-3302A]
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