State Gun Laws

According to Idaho state law, anyone who meets any of the following cannot get a license to carry concealed weapons:

• is under age twenty-one, although there are exceptions in the law regarding people ages 18 - 21;
• is currently formally charged with a felony crime;
• has been found guilty in any court of a felony crime;
• is a fugitive from justice;
• is an unlawful user of marijuana or any depressant, stimulant or narcotic drug, or other controlled substance;
• is currently suffering from, or has been declared by a court as having suffered from, any of the following conditions:
  • lacking mental capacity;
  • mental illness;
  • being gravely disabled; or
  • being an incapacitated person;
• has been discharged from the armed forces under dishonorable conditions;
• has received a withheld judgment or suspended sentence for a felony crime, unless the person has successfully completed probation;
• is currently under probation after having been found guilty of, or received a withheld judgment for, a misdemeanor offense that involves the intentional use, attempted use, or threatened use of physical force against the person or property of another;
• is an “alien” illegally in the United States;
• was a citizen of the United States but has renounced his/her citizenship;
• is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify him/her from obtaining a concealed weapons license;
• is subject to a domestic violence protection order that restrains him/her from harassing, stalking or threatening an intimate partner, his/her own child, or a child of the intimate partner; or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or a child; or
• is for any other reason ineligible to own, possess or receive a firearm under Idaho law or federal law.¹

In addition, Idaho law says that anyone convicted of any of the following felony crimes permanently loses his/her right to have a firearm:

• aggravated assault;
• aggravated battery;
• assault with intent to commit a serious felony;
• battery with intent to commit a serious felony;
• burglary;
• felony domestic battery;
• felony enticing of children;
• forcible sexual penetration by use of a foreign object;
• felony indecent exposure;
• felony injury to child;
• felony intimidating a witness;
• lewd conduct with a minor or child under sixteen;
• sexual abuse of a child under sixteen;
• sexual exploitation of a child;
• felonious rescuing prisoners;
• escape by one charged with, convicted of or on probation for a felony;
• unlawful possession of a firearm;
• degrees of murder;
• voluntary manslaughter;
• assault with intent to murder;
• administering poison with intent to kill;
• kidnapping;
• mayhem;
• rape;
• robbery;
• ritualized abuse of a child;
• cannibalism;
• felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance;
• trafficking;
• felony threats against state officials of the executive, legislative or judicial branch;
• unlawful discharge of a firearm at a dwelling house, occupied building, vehicle or mobile home;
• unlawful possession of destructive devices;
• unlawful use of destructive device or bomb; or
• attempt, conspiracy, or solicitation, to commit any of the above-mentioned crimes.²

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements or if s/he has been convicted of a felony or domestic violence misdemeanor. Go to Federal Gun Laws to get more information.

¹ ID Code § 18-3302(11)
² ID Code § 18-310(2)