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Is Idaho an open carry state?

On Behalf of | Feb 6, 2024 | Criminal Defense

The state of Idaho takes the Second Amendment right to bear arms very seriously. The state is classified as an open carry state. Gun ownership is seen as a way of life in Idaho.

Nonetheless, that doesn’t mean that firearms offenses don’t exist in law and the state imposes severe penalties on the unlawful use of firearms. However, there is a balance to be struck and neither state nor federal prosecutors should infringe upon your Second Amendment right to bear arms.

Where exactly does the law in Idaho stand on gun ownership?

Gun ownership in Idaho

In Idaho, anyone over the age of 18 can lawfully purchase a rifle, shotgun or handgun without a permit. Residents of Idaho are also entitled to carry a concealed weapon without a carry license. For people from out of state, the law is different. Non-residents must have their concealed weapons licenses on their person at all times.

Residents in Idaho are also permitted to carry concealed weapon on property that they own or on property where the owner has given permission to carry concealed weapons. The law on carrying concealed weapons is outlined in section 3 of Idaho statute 18-3302. Individuals are permitted to carry:

  • Lawfully possessed shotguns or rifles
  • Unloaded concealed weapons in a motor vehicle
  • Unloaded weapons in a secured case
  • Disassembled firearms

There are, however, a few exceptions.

Notable exceptions

One of the most notable restrictions on possessing a firearm in Idaho is age. No one under the age of 18 can lawfully possess a firearm unless they have written permission from their parents or are accompanied by a parent or legal guardian.

The following circumstances may also result in firearms charges:

  • If the individual is intoxicated whilst in possession of a firearm
  • If the individual carries a firearm in a school, courthouse, prison or other correctional facility

It is also unlawful in Idaho for anyone convicted of a felony offense to carry a firearm.

If you are facing firearms charges, this is a serious issue. To protect your Second Amendment rights and build a defense strategy, it will benefit you to seek further legal guidance.