Idaho Constitutional Carry Laws

4 min readJun 20, 2024

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Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Idaho Gun Control Laws

The ongoing national debate on gun control remains contentious, with arguments centered around the Second Amendment’s right to bear arms versus concerns for public safety amidst widespread firearm use in criminal incidents.

U.S. Supreme Court’s Role

Recent U.S. Supreme Court decisions, such as New York Rifle & Pistol Association v. Bruen (2022), emphasize individual rights to gun ownership, overturning state laws that impose strict criteria for concealed carry permits unless based on objective standards.

Idaho Gun Laws Overview

Federal and State Laws

Federal firearms laws apply universally, prohibiting certain firearms like post-1986 machine guns except for specific entities. States like Idaho can impose additional restrictions, including permits for purchase and concealed carry licenses.

Restrictions and Regulations

Idaho law prohibits certain weapons and imposes age restrictions, with no waiting period for firearm purchases. Assault weapons and ghost guns are not banned but must comply with federal guidelines.

Locations Where Firearms Are Prohibited

Idaho restricts firearms in specific locations, including schools, courthouses, juvenile facilities, and certain public entertainment venues owned by universities.

Permitless Carry Law

Idaho enacted a permitless carry law in 2016, allowing law-abiding citizens not otherwise prohibited from firearm possession to carry concealed weapons statewide without a permit. Retired law enforcement officers also qualify under this law.

Concealed Weapons License

While permitless carry is permitted, Idaho offers concealed weapons licenses for reciprocity with other states. Applicants apply through their county sheriff’s office, guided by the Idaho State Police and Attorney General’s resources.

State Preemption

Idaho maintains state preemption, ensuring uniform firearm regulations across municipalities and counties without stricter local laws.

This overview highlights Idaho’s approach to firearm legislation, balancing individual rights with public safety concerns through comprehensive state and federal regulations.

Idaho Firearm Statutes Overview

Relevant Statutes (Laws)

Idaho Statutes 18–3302: Concealed Weapons
Idaho Statutes 18–3316: Unlawful Possession of a Firearm
Idaho Statutes 18–3302E: Possession of a Weapon by a Minor
Idaho Statutes 18–3302F: Prohibition of Certain Weapons by a Minor
Idaho Statutes 18–3302D: Possessing Weapon or Firearm on School Property

Illegal Arms

Under federal law, machine guns are generally illegal without ATF registration. Idaho law prohibits minors from possessing automatic weapons, sawed-off shotguns, sawed-off rifles, and handguns, with limited exceptions.

Waiting Period

There is no waiting period to purchase or own a firearm in Idaho.

Who May Not Own

Individuals with felony convictions unless rights restored under state law
Minors under 18 years old without parental consent or accompaniment
Those prohibited under federal law (18 U.S.C. Section 922)

License Required?

No license is required to purchase a firearm in Idaho.

Concealed Carry License Required?

No, Idaho allows law-abiding citizens to carry concealed weapons without a permit.

Open Carry Allowed?

Yes, open carry is permitted without a license in Idaho.

Eligibility for a Concealed Carry License

To obtain a concealed weapon license (CWL), applicants must meet specific criteria including age, criminal history, and completion of firearm safety training.

Regular CWL: Requires firearm familiarity, potentially through NRA-sponsored courses.
Enhanced CWL: Includes comprehensive training on Idaho laws and handgun use.

Machine Gun Laws

Owning a machine gun in Idaho requires compliance with federal regulations.

Penalties for Illegal Firearm Possession

Violations range from misdemeanors for carrying concealed weapons unlawfully to felonies for possession after felony convictions or by minors.

Penalties for Illegal Possession on or Near School Grounds

Possession of firearms on school grounds is a misdemeanor in Idaho.

Stand Your Ground Law

Idaho’s Stand Your Ground law permits individuals to use force in self-defense without a duty to retreat from any location they have a legal right to be.