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Know the Laws: Idaho

UPDATED July 16, 2017

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Below is information about state gun laws in Idaho.  However, in addition to these state-specific laws, there are also federal gun laws that could apply.  To fully understand all of the legal protections available, it is important that you also read the Federal Gun Laws pages.

WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate or lawyer in your community for more information on gun laws in your area.  To find an agency, please go to the ID Where to Find Help page.

More Information and Where to Get Help

back to topI do not have a protection order against the abuser, and s/he has not been convicted of a any crime. Can s/he legally have a gun?

Even if you do not have a protection order against the abuser and s/he has not been convicted of a crime (misdemeanor or felony), Idaho state law also makes it illegal for anyone in one of the following situations to have a concealed weapons license:

  • Anyone who is formally charged with felony (even if not yet convicted) or anyone who is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify him/her from obtaining a concealed weapon license;
  • Anyone who is a fugitive from justice;
  • Anyone who is an unlawful user of, or addicted to, marijuana or any depressant, stimulant or narcotic drug, or any other controlled substance (drug);
  • Anyone who is currently suffering from or has been adjudicated (by a court) as:
    • Lacking the mental capacity to stand trial because s/he lacks the capacity to understand the proceedings against him/her or to assist in his/her own defense;
    • Mentally ill (and requiring care and treatment at a facility or through outpatient treatment);
    • Gravely disabled (as the result of mental illness);
    • An incapacitated person (lacking sufficient understanding or capacity to make or communicate responsible decisions regarding his/her own care, property or financial affairs);
  • Anyone who has been discharged from the armed forces under dishonorable conditions;
  • Anyone who has had entry of a withheld judgment for a criminal offense which would disqualify him/her from obtaining a concealed weapon license;
  • Anyone who is an undocumented immigrant, here illegally in the United States or a U.S. citizen who has renounced his or her citizenship; or
  • Anyone who is under twenty-one (21) years of age.* 

If any of the above apply to your situation, please talk to an advocate at a local domestic violence program in your area about how this law is being enforced.  See our Where to Find Help page to find a local domestic violence organization near you.

If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information.  You can also contact your local domestic violence organization for additional help.  You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety.

For additional information on gun laws in Idaho, you can go to the Law Center to Prevent Gun Violence website.

* ID Code § 18-3302(11)

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back to topI've read through all of this information, and I am still confused. What can I do?

Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.

  • You can write to our Email Hotline.
  • You can contact a local domestic violence organization in your area. (See our ID State and Local Programs page).
  • You can also contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2.

 

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