Buying and Selling Guns
Who cannot possess a firearm?
State law makes it a felony for felons to possess firearms. 18-3316
Federal Prohibited Persons
The following are federally prohibited persons:
The following are federally prohibited persons:
- Anyone under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year; (felony case is in court--you've been arrested, but not yet convicted)
- Anyone convicted of a crime punishable by imprisonment for a term exceeding one year; (a felon)
- A fugitive from justice;
- An unlawful user of or addicted to any controlled substance; (including marijuana, medicinal or not)
- Anyone adjudicated as a mental defective or has been committed to any mental institution;
- An illegal alien;
- Anyone discharged from the military under dishonorable conditions;
- Anyone who has renounced his or her United States citizenship;
- Anyone subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner;
- Anyone convicted of a misdemeanor crime of domestic violence.
Minors
No one may sell a weapon to a minor without the written consent of the minor's parent or guardian. 18-3302A
It is illegal to sell a firearm, gunpowder, or ammunition of any kind, except for shotgun shells and cartridges of .22 caliber or smaller to a minor without the consent of the minor's parent or guardian. 18-3308
It is illegal to ship a loaded firearm. 18-3310
Residents buying out-of-state
Residents of the state of Idaho may purchase rifles and shotguns in a state other than Idaho, provided that such residents conform to the applicable provisions of the federal Gun Control act of 1968, and regulations thereunder, and provided further, that such residents conform to the provisions of law applicable to such a purchase in Idaho and in the state in which the purchase is made. 18-3314
Non-resident purchases
Residents of a state other than the state of Idaho may purchase rifles and shotguns (handguns are prohibited under federal law) in Idaho, provided that such residents conform to the applicable provisions of the federal Gun Control Act of 1968, and regulations thereunder, and provided further, that such residents conform to the provisions of law applicable to such purchase in Idaho and in the state in which such persons reside. 18-3315
Idaho has nullified federal gun control laws. This has not been effectively tested and upheld. 18-3315A and 18-3315B
No one may sell a weapon to a minor without the written consent of the minor's parent or guardian. 18-3302A
It is illegal to sell a firearm, gunpowder, or ammunition of any kind, except for shotgun shells and cartridges of .22 caliber or smaller to a minor without the consent of the minor's parent or guardian. 18-3308
It is illegal to ship a loaded firearm. 18-3310
Residents buying out-of-state
Residents of the state of Idaho may purchase rifles and shotguns in a state other than Idaho, provided that such residents conform to the applicable provisions of the federal Gun Control act of 1968, and regulations thereunder, and provided further, that such residents conform to the provisions of law applicable to such a purchase in Idaho and in the state in which the purchase is made. 18-3314
Non-resident purchases
Residents of a state other than the state of Idaho may purchase rifles and shotguns (handguns are prohibited under federal law) in Idaho, provided that such residents conform to the applicable provisions of the federal Gun Control Act of 1968, and regulations thereunder, and provided further, that such residents conform to the provisions of law applicable to such purchase in Idaho and in the state in which such persons reside. 18-3315
Idaho has nullified federal gun control laws. This has not been effectively tested and upheld. 18-3315A and 18-3315B
Dealer Sales
I got denied for a gun purchase. What do I do?
Visit the NICS Brady Check FBI appeals page, state denial reason request form here. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Visit the NICS Brady Check FBI appeals page, state denial reason request form here. Contact an attorney. If you are currently under indictment for a crime (pre-trial) or on probation, don't even bother trying to buy a gun.
I was charged/arrested/convicted of a felony/domestic violence, etc. Can you tell me if I'm allowed to buy a gun?
No, you need to read the law yourself and consult an attorney. Frontier Carry does not provide legal advice. In most of our correspondence on this matter, important details, such as conviction and true facts are often left out, making it impossible to provide correct guidance. Please do not email us on this topic, we cannot assist.
Can I buy a handgun if I’m under 21? Can I sell a handgun to someone under 21?
As long as the sale is a private one (a dealer is not involved), anyone over the age of 18 who is legally able to possess a firearm may buy a handgun. Federal prohibits dealers from selling or transferring handguns to persons under 21, which is why most persons under 18 do not own handguns. See this ATF page.
Can I buy a firearm as a gift for someone?
Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase. For example: a girlfriend buying a gun for her boyfriend, because he is afraid he has a record would be an illegal straw purchase. If the girlfriend was buying her law-abiding boyfriend a gun for Christmas, that would be a legitimate gift and legal.
Do I have to register my guns?
No.
Is there a waiting period to pick-up my gun?
No, except if your background check comes back 'Delayed' and it is not cleared or denied within three days.
Can I buy more than one gun at a time?
Yes.
Private Sales
What do I need to buy a gun?
Money. Optional: Idaho ID. Some buyers want to see a concealed weapon license for their comfort, but no identification is legally required.
What do I need to sell a gun?
A gun. A bill of sale for your records is strictly optional. It is a private record maintained to show who the firearm was sold it. It offers no legal protection and is merely documentation of the sale/transfer.
What is the procedure to buy or sell a gun privately?
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Money. Optional: Idaho ID. Some buyers want to see a concealed weapon license for their comfort, but no identification is legally required.
What do I need to sell a gun?
A gun. A bill of sale for your records is strictly optional. It is a private record maintained to show who the firearm was sold it. It offers no legal protection and is merely documentation of the sale/transfer.
What is the procedure to buy or sell a gun privately?
- Meet Presumably, you either know each other or this is in regards to an ad on Armslist, Facebook, etc. Arrange to meet at a safe place (like a police station or well-lit and well-traveled area).
- Buy the Gun Exchange money for the firearm. Be smart and carry a pistol if the other party is a stranger; you don’t know if it is a scam for a robbery or if someone up to no good sees money and a gun change hands.
Don’t most felons and domestic abusers get guns through private sales?
Actually, no. The majority of criminals who obtained guns illegally did so through straw purchases, where someone like a friend or girlfriend with a clean record, lied and bought the gun on behalf of the prohibited person (46% in one study). Corrupt dealers and illegal street gun dealers are the next most popular methods. 75% of illegally obtained guns wouldn't be stopped by the background checks.
Can I buy a machine gun/short barreled rifle/short barreled shotgun/silencer/grenade launcher?
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Idaho does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
Yes, however the above items are regulated by the 1934 National Firearms Act and required a $200 transfer tax, plus federal registration. You will need to handle the sale through a Class 3 or NFA federally licensed dealer. The wait will be several months, will require fingerprints and notification to law enforcement, and a background check.
Can I buy an 'assault weapon' or a high-capacity magazine?
Yes, Idaho does not ban the sale of any category of firearm. Assault weapon is a misnomer for semi-automatic rifles with cosmetic features, banned in states like California. High capacity magazines, more than 10 rounds, are actually standard capacity magazines, as weapons like the AR-15 series of rifles were designed for 20 and 30 round magazines.
