Ammunition Regulation in Idaho

Minimum Age to Purchase/Possess

Idaho prohibits any person, firm, association or corporation from selling or giving any minor under the age of 16 any shells or fixed ammunition of any kind, except shells loaded for use in shotguns or for use in rifles of 22 caliber or smaller without the written consent of the parents or guardian of the minor.1

However, federal law prohibits firearms dealers from selling or delivering ammunition for a shotgun or rifle to any person the dealer knows or has reasonable cause to believe is under the age of 18, and from selling or delivering handgun ammunition to any person the dealer knows or has reasonable cause to believe is under the age of 21.2 Federal law prohibits unlicensed persons generally from selling, delivering or otherwise transferring handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18.3 Federal law also generally prohibits the possession of handgun ammunition by anyone under the age of 18.4

Safe Storage of Ammunition

A state administrative regulation requires house parents at a children’s residential care facility to store any ammunition under lock and key separate from firearms and inaccessible to children.5

Idaho does not:

  • Require a license for the sale of ammunition;
  • Require sellers of ammunition to maintain a record of the purchasers;
  • Require a license to purchase or possess ammunition; or

For additional information on the regulation of minors in Idaho, see the Idaho Minimum Age to Purchase / Possess and Idaho Trafficking sections.

See our Ammunition Regulation policy summary for a comprehensive discussion of this issue.

Notes
  1. Idaho Code Ann. § 18-3308. ⤴︎
  2. 18 U.S.C. § 922(b)(1), (c)(1). ⤴︎
  3. 18 U.S.C. § 922(x)(1), (3) and (5). ⤴︎
  4. 18 U.S.C. § 922(x)(2), (3) and (5). ⤴︎
  5. Idaho Admin. Code r. 16.06.02.734. ⤴︎

Background Checks in Idaho

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Idaho is not a point of contact state for NICS. Idaho has no law requiring firearms dealers to initiate a background check prior to transferring a firearm. In Idaho, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.1

Brady Exemption:  Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful.2 Holders of concealed weapons licenses in Idaho are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination is subject to change without notice.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Idaho, although federal and state purchaser prohibitions still apply. See the Idaho Private Sales section.

See our Background Checks policy summary for a comprehensive discussion of this issue.

 

Notes
  1. Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map (last visited Sept. 8, 2015). ⤴︎
  2. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). ⤴︎

Child Access Prevention in Idaho

A state administrative regulation requires firearms at a foster home to be stored:

  • Unloaded and equipped with a trigger lock;
  • Unassembled and inoperable;
  • Locked in a cabinet or storage container inaccessible to children; or
  • Locked in a gun safe inaccessible to children.1

Parents at a children’s residential care facility must keep their firearms unloaded and equipped with trigger locks and stored under lock and key and inaccessible to children.2 Ammunition must be stored under lock and key separate from firearms and inaccessible to children.3

For age requirements for the purchase or possession of firearms in Idaho, see the Idaho Minimum Age to Purchase / Possess section.

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

Notes
  1. Idaho Admin. Code r. 16.06.02.435. ⤴︎
  2. Idaho Admin. Code r. 16.06.02.734. ⤴︎
  3. Id. ⤴︎

Concealed Weapons Permitting in Idaho

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

In 2016, Idaho enacted a law allowing an individual to carry a hidden, loaded handgun in public without a permit provided the individual is:

  • Over twenty-one (21) years of age; and
  • A resident of Idaho.1

Additionally, the individual must not be:

  • Ineligible to own, possess or receive a firearm under state or federal law;
  • 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 marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined by federal law;2
  • Currently suffering from, or has been adjudicated as having suffered from any of the following based on substantial evidence (unless the person has successfully petitioned for relief from the firearm prohibition):
    • Lacking mental capacity, per state law;3
    • Mentally ill, per state law;4
    • Gravely disabled, per state law;5
    • An incapacitated person, per state law;6
    • Someone who has been discharged from the Armed Forces under dishonorable conditions;
  • Someone who has received a withheld judgment or suspended sentence for punishable by imprisonment for a term exceeding one (1) year, unless the person has successfully completed probation;
  • Someone who has received a period of probation after having been adjudicated guilty of, or received a withheld judgment for, a misdemeanor offense that has as an element the intentional use, attempted use or threatened use of physical force against the person or property of another, unless the person has successfully completed probation;
  • An alien illegally in the United States;
  • Someone who has renounced his or her U.S. citizenship;
  • Free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify her or him from obtaining a concealed weapons license; or
  • Subject to a protection order issued under state law that restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.7

Concealed Carry Licenses 

The 2016 law retains the licensing process to allow individuals who wish to carry concealed handguns outside of Idaho to do so in states that require licenses. Whether the state recognizes Idaho permits, however, depends on the law of that state.

Under the 2016 law, individuals between the ages of 18 and 21 may also obtain a license to carry a loaded, concealed handgun8. Individuals over 18 years of age, however, are not required to have a license to carry a concealed handgun outside the limits of or confines of any city, if the person is not otherwise disqualified.9

Idaho is a “shall issue” state, meaning that a county sheriff must issue a concealed weapons license if an applicant meets certain qualifications.10

Any person applying for original issuance of a license to carry concealed weapons must submit his fingerprints with the completed license application. Within five days after the filing of an application, the sheriff must forward the applicant’s completed license application and fingerprints to the Idaho State Police.11 The State Police must conduct a national fingerprint-based records check, an inquiry through the NICS database, and a check of any applicable state database, including a check for any mental health records for conditions or commitments that would disqualify a person from possessing a firearm under state or federal law, and return the results to the sheriff within 60 days.12

Additional application requirements, as well as permit suspension and disqualification information, are detailed under Idaho Code Ann. § 18-3302.))

Firearm Safety Training

A county sheriff may also require an applicant to demonstrate familiarity with a firearm.13 An applicant may meet demonstrate familiarity if he or she “[i]s licensed or has been licensed to carry a firearm in [Idaho] or a county or municipality, unless the license has been revoked for cause.”14

Duration & Renewal

Idaho concealed weapons licenses are valid for five years from the date of issuance.15 Licenses may be renewed for five-year periods, and renewal applicants must complete an application and undergo a new background check.16

Disclosure or Use of Information

Upon issuing a license under the state law, the county sheriff will notify the ISP on a form or in a manner prescribed by the ISP.17 Information relating to an applicant or licensee received or maintained pursuant to state law by the county sheriff or ISP is confidential and exempt from disclosure under state law.18

Idaho also makes confidential any information relating to a retired law enforcement officer that is maintained or received pursuant to a concealed weapon permit or application for a permit.19

Reciprocity

Any person who has a valid permit from a state or local law enforcement agency or court authorizing him or her to carry a concealed weapon in another state does not need to obtain a concealed weapons license under state law.20 However, a permit issued in another state will only be considered valid if the permit is in the licensee’s physical possession.21 Under state law, the state attorney general is required to negotiate reciprocal agreements with other states in order to recognize out-of-state licenses to carry concealed firearms.22

For a list of states with which Idaho has signed formal reciprocity agreements, see the Idaho Permit Reciprocity page, maintained by the Idaho Attorney General.

Enhanced Licenses to Carry Concealed Weapons

Idaho enacted a law in 2015 providing for the issuance of “enhanced” licenses to carry concealed weapons.23 The rules and application procedures applicable to licensed to carry concealed weapons above are generally applicable to enhanced licenses as well, except that enhanced license holders must also be over the age of 21, have been a legal resident of the state of Idaho for at least six consecutive months immediately before applying for a license, and must have successfully completed a qualifying handgun course within the 12 month period immediately preceding filing the application.24 County sheriffs must issue an enhanced license to applicants who meet these qualifications.25

 

Notes
  1. Idaho Code Ann. § 18-3302(3)(f). ⤴︎
  2. See 21 U.S.C. § 802. ⤴︎
  3. Idaho Code Ann. § 18-210. ⤴︎
  4. See Idaho Code Ann. § 66-317. ⤴︎
  5. See Idaho Code Ann. § 66-317. ⤴︎
  6. See Idaho Code Ann. § 15-5-101(a). ⤴︎
  7. Idaho Code Ann. § 18-3302(11). ⤴︎
  8. Idaho Code Ann. § 18-3302(20). ⤴︎
  9. Idaho Code Ann. § 18-3302(3)(d). ⤴︎
  10. Idaho Code Ann. § 18-3302(7), (20). ⤴︎
  11. Idaho Code Ann. § 18-3302(10). ⤴︎
  12. Id. ⤴︎
  13. Idaho Code Ann. § 18-3302(9). ⤴︎
  14. Id. ⤴︎
  15. Idaho Code Ann. § 18-3302(7). ⤴︎
  16. Idaho Code Ann. § 18-3302(16). ⤴︎
  17. Idaho Code Ann. § 18-3302(1), See Idaho Code Ann. § 18-3302. ⤴︎
  18. Idaho Code Ann. § 18-3302(1). See Idaho Code Ann. §§ 18-3302, 9-338. ⤴︎
  19. Idaho Code Ann. §§ 18-3302H(14), 9-340B. ⤴︎
  20. Idaho Code Ann. § 18-3302(5)(g). ⤴︎
  21. Id. ⤴︎
  22. Idaho Code Ann. § 18-3302(23). ⤴︎
  23. 2015 ID H.B. 301, enacting Idaho Code Ann. § 18-3302K. ⤴︎
  24. Idaho Code Ann. § 18-3302K(4). Requirements regarding qualifying handgun courses are outlined in Idaho Code Ann. § 18-3302K(4)(c). ⤴︎
  25. Idaho Code Ann. § 18-3302K(1). ⤴︎

Dealer Regulations in Idaho

Idaho does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Idaho Private Sales section for further information.

Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Idaho Background Checks section.

See our Dealer Regulations policy summary for a comprehensive discussion of this issue.

Design Safety Standards for Handguns in Idaho

Idaho does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Idaho’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearm safety standards.1

See our Design Safety Standards for Handguns policy summary for a comprehensive discussion of this issue.

Notes
  1. See the Idaho Consumer Protection Act, Idaho Code Ann. § 48-601 et seq. For details, see Legal Action Project, Center to Prevent Handgun Violence, Targeting Safety (2001), available at http://www.bradycenter.org/xshare/pdf/reports/targetingsafety.pdf. ⤴︎

Disarming Prohibited Persons in Idaho

Idaho has no laws requiring the disarming of prohibited persons. Furthermore, the Idaho Constitution generally prohibits “any law permit[ting] the confiscation of firearms, except those actually used in the commission of a felony.”1

Notes
  1. Idaho Const. Art. I, § 11. ⤴︎

Domestic Violence & Firearms in Idaho

Idaho law does not:

• Prohibit individuals convicted of domestic violence misdemeanors from possessing firearms or ammunition (unlike federal law);

• Prohibit individuals subject to domestic violence protective orders from possessing firearms or ammunition (unlike federal law);1

• Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition under federal law;

• Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law; or

• Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.

See our Domestic Violence and Firearms policy summary for a comprehensive discussion of this issue.

 

Notes
  1. However, Idaho does prohibit persons subject to certain protective orders from receiving a license to carry a concealed weapon. Idaho Code Ann. § 18-3302(11)(l). ⤴︎