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What are the Gun Laws in Idaho? Page 2

A Synopsis of State Laws on Purchase, Possession and Carrying of Firearms

By , About.com Guide

Disqualified persons include anyone who is:
  • Formally charged with a crime punishable by imprisonment for a term exceeding one year; adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one year;

  • A fugitive from justice;

  • An unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance; currently suffering or has been adjudicated as mentally ill, gravely disabled or otherwise incapacitated or lacking mental capacity;

  • Dishonorably discharged from armed forces;

  • An illegal alien or if a U.S. citizen, has renounced their citizenship;

  • The subject of a withheld judgment for a crime prohibiting a carry license;

  • Or released pending trial, appeal or sentencing for a crime prohibiting a carry license;

  • The subject to a protection order that restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person; or

  • Has been adjudicated guilty of or received a withheld judgment or suspended sentence for one or more crimes of violence constituting a misdemeanor, unless three years has elapsed since disposition or pardon has occurred prior to the date on which the application is submitted.
The license application shall be in triplicate, in a form to be prescribed by the director of the Idaho state police, and shall ask the name, address, personal description and signature, date of birth, military status, and driver’s license number or state identification card number.

Listing one’s social security number is optional.

The permit allows concealed carry of a weapon for the purpose of protection, or while engaged in business, sport, or while traveling.

The basic license fee is $20.00, but the Sheriff shall require fingerprinting for an initial license, in which case an additional fee may be charged.

The term of the license is four years for those whose license was issued before July 1, 2006. Those licenses issued after July 1, 2006, the term of the license is five years and it may be renewed for a fee of $15.00.

The applicant may be required to show proficiency with a firearm by completing a firearm safety or hunter safety course.

The sheriff of the county of the applicant’s residence may issue a temporary emergency license for good cause pending review.

The sheriff may issue a license to carry a concealed weapon to those individuals between the ages of 18 and twenty-one years who in the judgment of the sheriff warrants the issuance of the license to carry a concealed weapon. Such issuance shall be subject to limitations which the issuing authority deems appropriate and shall be easily distinguishable from regular carry licenses.

A concealed weapon, even with a permit, cannot be carried while one is intoxicated; nor can it be carried into a courthouse; juvenile detention facility; jail; or public or private school or school activity areas or school provided transportation.

A valid license to carry a firearm concealed issued to a nonresident by another state shall be honored as long as the license is in the licensee’s physical possession while carrying the concealed weapon.

Antiques And Replicas

Idaho statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.

Machine Guns

It is lawful to possess, purchase, or sell a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

Miscellaneous

  • It is unlawful to ship a loaded firearm on any common carrier.

  • It is unlawful to operate a firearm in a “careless, reckless, or negligent manner or without due caution and circumspection” when such operation results in discharge and injury to any person.

  • It is unlawful to shoot from or across a public highway.

  • A hunting license may be revoked under the following circumstances:

    • Careless handling of a gun causes an accident and injury to any person, property, or livestock.

    • Careless injury to a human being by gunfire.

    • Causes accidental injury or death to another person by gunfire and flees or fails to render assistance.
  • No city or county may in any manner regulate the lawful ownership, possession, or transportation of firearms when carried or transported for purposes not prohibited by state law.

  • During a declared disaster emergency, neither the Governor nor any agency of any governmental entity or political subdivision shall impose restrictions on the lawful possession, transfer, sale, transport, storage display or use of firearms and ammunition.

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