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Legal Information: Idaho

State Gun Laws

November 7, 2023

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

According to Idaho state law, people convicted of various crimes cannot get a license to carry concealed weapons and will lose the right to possess a firearm.

Anyone who meets any of the following cannot get a license to carry concealed weapons:

  • is currently formally charged with a felony crime;
  • has been found guilty in any court of a felony crime;
  • is a fugitive from justice;
  • has received a withheld judgment or suspended sentence for a felony crime, unless the person has successfully completed probation;
  • is currently on probation after having been adjudicated 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; or
  • 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.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, 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, also restrict a person’s right to have a gun if s/he has been convicted of a felony or a domestic violence misdemeanor. Go to Federal Gun Laws to get more information.

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