I 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.1
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 Advocates and Shelters 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 Safety Planning 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 Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 ID Code § 18-3302(11)