What is a loaded firearm?
For a firearm capable of using fixed ammunition, that live ammunition is present in:
Open CarryOpen carry is not regulated by the state of Idaho. Open carry is technically allowed in more places that concealed carry is. A 1902 Idaho Supreme Court case, Re: Brickey, found that it was legal for the state to regulate concealed carry, but it infringed upon both the state and federal constitution to prohibit open carry.
Under these constitutional provisions, the legislature has no power to prohibit a citizen from bearing arms in any portion of the state of Idaho, whether within or without the corporate limits of cities, towns, and villages. The legislature may, as expressly provided in our state constitution, regulate the exercise of this right, but may not prohibit it. A statute prohibiting the carrying of concealed deadly weapons would be a proper exercise of the police power of the state. But the statute in question does not prohibit the carrying of weapons concealed, which is of itself a pernicious practice, but prohibits the carrying of them in any manner in cities, towns, and villages.
"Concealed weapon" means any deadly weapon carried on or about the person in a manner not discernible by ordinary observation; so that would mean that if you can see it and tell that it's a gun, it's openly carried.
Is open carry brandishing?
Brandishing is defined as drawing or exhibiting a weapon, not in necessary self-defense, in the presence of two or more persons, in a rude, angry and threatening manner (18-3303). It is also illegal to intentionally, without malice, point or aim any firearm at or toward any other person. 18-3304
Can I open carry a rifle or a shotgun?
Idaho has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities. Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't carry long guns into Chipotle just to make a point; Idaho allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
Does my gun have to be visible from three sides?
No. The legal requirement for open carry is "discernible by ordinary observation." If you can see it and tell that it’s a gun or a holster, it’s openly carried.
If I use an inside the waistband holster (IWB), and only the butt of my pistol is visible outside of my clothes, is that open carry?
Yes. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried.
School Carry
You may not, even with a concealed weapon license, possess a firearm:
It is legal to have a firearm in a car in a school parking lot. The exemptions are:
The statute making it illegal to carry a concealed weapon on school property provides that it is not illegal to do so when a person is in a private vehicle delivering children to or from school or school activities. If you find that the defendant was carrying a concealed weapon on school property, you cannot find the defendant guilty unless you also find beyond a reasonable doubt that when doing so the defendant was not in a private vehicle delivering children to or from school or school activities. Jury Instruction 1407
you cannot find the defendant guilty unless you also find beyond a reasonable doubt that while doing so the defendant was not under the supervision of the school district or of an employee of the school district who was authorized to give such permission. Jury Instruction 1409
Can I carry a gun near a school? Don't I have to be 1000 feet away?
This is a federal law that is not enforced by Idaho law enforcement and there is no applicable similar Idaho law (unlike some states). You generally will not be prosecuted unless you are doing something else illegal, such as involved in gang activity or drug violations, that interest federal law enforcement. The law was intended to apply to drug dealers and gang members, not the law abiding citizen.
The Gun-Free School Zones Act of 1990 basically states that one cannot "knowingly to possess a firearm [...] in "a school zone." 'School zone' is defined as "in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school." It includes all public roads and sidewalks within that 1,000 foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee (state law does prohibit guns on campuses except with written authorization), or an unloaded weapon in a locked container/rack.
The law was found unconstitutional in its original version, so, to skirt the constitutional issue, the language was altered to say that it was a matter of 'interstate commerce' as all guns have moved in interstate travel as part of manufacturing and shipping and thus under the authority of Congress.
Campus Carry (colleges/universities)
Carrying a firearm on a college campus is legal in certain circumstances (18-3309). School authorities are empowered to regulate firearms on campus, except for the provisions of this section. The general exemptions to the prohibition include:
"Public entertainment facility" means an arena, stadium, amphitheater, auditorium, theater or similar facility with a seating capacity of at least one thousand (1,000) that is primarily designed and used for artistic, theatrical, cultural, charitable, musical, sporting or entertainment events.
Open Carry?
The statute does not specifically prohibit open carry, nor does it explicitly require concealed carry. The Idaho Board of Regents policy explicitly allows concealed carry pursuant to the above. Under Idaho jurisprudence and case law In re: Brickey a case could likely be made that the state cannot regulate an openly carried firearm. Prior to the campus carry bill, the statute referred only to concealed carry being within the university's domain of regulatory power. In 2014, Deputy Attorney General Brian Kane said that open carry isn't specifically banned, but made an argument that courts may be able to interpret the law as they saw fit. The bill makes no mention of which method of carry. However, caution is due as universities and colleges can administratively regulate a student's behavior. Colleges/universities may fight open carry if pressed as has been shown in Utah, which has a similar law.
Car Carry
It is legal to carry a firearm in your vehicle. If you can legally carry a firearm, keeping a concealed firearm in a vehicle is permissible.
18-3302.(4) Subsection (3) of this section shall not apply to restrict or prohibit the carrying or possession of:
Note: the below case law has likely been rendered moot following recent changes to the statutes (constitutional carry).
State v. Button
The defendant was detained during a traffic stop and taken into custody outside of the vehicle. A pistol was found stuffed in between the seat cushions and partially covered with a purse so that only the butt of the pistol was visible from the passenger side window. The court held that if only a small portion of firearm were visible from one particular viewpoint, the weapon would not be considered "discernible from ordinary observation."
The concealed firearm law includes firearms "on or about" the person. Idaho case law has held that a firearm within reaching distance in a vehicle is included in "on or about" the person.
While the court's holding could be interpreted that an officer should immediately be able to see a firearm in a vehicle, given the particulars of this case, that is an overly broad interpretation. "Ordinary observation" tends to imply that an officer shouldn't have to look extra hard to find a gun in a vehicle. Assuming the officer has a clear line of sight he should be able to visually identify a firearm without prompting.
At issue in the appeal was that since enough of the pistol was visible to identify it as a pistol, it was not indeed concealed. Looking deeper into the circumstances we find:
This was not a case of a holstered handgun being blocked by a console or an armrest, an inattentive officer failing to notice something, or simply being on the wrong side of the car. A deliberate attempt had been made to keep the weapon out of sight and more than ordinary effort of observation was required to visually detect its presence.
State v. NcNary
The defendant was arrested for having a firearm in a case underneath the driver's seat. The court found that:
One carries a weapon 'upon or about his person' not only when he physically is carrying it in his clothing or in a handbag of some sort, but also when he goes about with the weapon in such close proximity to himself that it is readily accessible for prompt use.
Employee protections/parking lots
Employers are given immunity from liability from any claim for damages that may arise involving a firearm stored in an employee's vehicle. The intent of this section was to remove liability as an excuse for employers to prohibit firearms in their employee's private vehicles. Note that this does not apply to other private property.
No action shall lie or be maintained for civil damages in any court of this state against an employer where the claim arises out of the policy of an employer to either specifically allow or not prohibit the lawful storage of firearms by employees in their personal motor vehicles on the employer's business premises (5-341).
For a firearm capable of using fixed ammunition, that live ammunition is present in:
- The chamber or chambers of the firearm;
- Any internal magazine of the firearm; or
- A detachable magazine inserted in the firearm;
- A propellant charge; and
- A priming cap or primer cap. 18-3302(e)
Open CarryOpen carry is not regulated by the state of Idaho. Open carry is technically allowed in more places that concealed carry is. A 1902 Idaho Supreme Court case, Re: Brickey, found that it was legal for the state to regulate concealed carry, but it infringed upon both the state and federal constitution to prohibit open carry.
Under these constitutional provisions, the legislature has no power to prohibit a citizen from bearing arms in any portion of the state of Idaho, whether within or without the corporate limits of cities, towns, and villages. The legislature may, as expressly provided in our state constitution, regulate the exercise of this right, but may not prohibit it. A statute prohibiting the carrying of concealed deadly weapons would be a proper exercise of the police power of the state. But the statute in question does not prohibit the carrying of weapons concealed, which is of itself a pernicious practice, but prohibits the carrying of them in any manner in cities, towns, and villages.
"Concealed weapon" means any deadly weapon carried on or about the person in a manner not discernible by ordinary observation; so that would mean that if you can see it and tell that it's a gun, it's openly carried.
Is open carry brandishing?
Brandishing is defined as drawing or exhibiting a weapon, not in necessary self-defense, in the presence of two or more persons, in a rude, angry and threatening manner (18-3303). It is also illegal to intentionally, without malice, point or aim any firearm at or toward any other person. 18-3304
Can I open carry a rifle or a shotgun?
Idaho has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities. Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't carry long guns into Chipotle just to make a point; Idaho allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
Does my gun have to be visible from three sides?
No. The legal requirement for open carry is "discernible by ordinary observation." If you can see it and tell that it’s a gun or a holster, it’s openly carried.
If I use an inside the waistband holster (IWB), and only the butt of my pistol is visible outside of my clothes, is that open carry?
Yes. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried.
School Carry
You may not, even with a concealed weapon license, possess a firearm:
- While on the property of a school;
- In those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state; or
- While riding school provided transportation.
It is legal to have a firearm in a car in a school parking lot. The exemptions are:
- An adult (high school students are excluded) who leaves the firearm in a secured and locked vehicle in an unobtrusive, non-threatening manner;
- Anyone in a private vehicle while delivering minor children, students or school employees to and from school or a school activity; or
- A person or an employee of the school or school district who has the permission of the board of trustees of the school district or board.
The statute making it illegal to carry a concealed weapon on school property provides that it is not illegal to do so when a person is in a private vehicle delivering children to or from school or school activities. If you find that the defendant was carrying a concealed weapon on school property, you cannot find the defendant guilty unless you also find beyond a reasonable doubt that when doing so the defendant was not in a private vehicle delivering children to or from school or school activities. Jury Instruction 1407
you cannot find the defendant guilty unless you also find beyond a reasonable doubt that while doing so the defendant was not under the supervision of the school district or of an employee of the school district who was authorized to give such permission. Jury Instruction 1409
Can I carry a gun near a school? Don't I have to be 1000 feet away?
This is a federal law that is not enforced by Idaho law enforcement and there is no applicable similar Idaho law (unlike some states). You generally will not be prosecuted unless you are doing something else illegal, such as involved in gang activity or drug violations, that interest federal law enforcement. The law was intended to apply to drug dealers and gang members, not the law abiding citizen.
The Gun-Free School Zones Act of 1990 basically states that one cannot "knowingly to possess a firearm [...] in "a school zone." 'School zone' is defined as "in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school." It includes all public roads and sidewalks within that 1,000 foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee (state law does prohibit guns on campuses except with written authorization), or an unloaded weapon in a locked container/rack.
The law was found unconstitutional in its original version, so, to skirt the constitutional issue, the language was altered to say that it was a matter of 'interstate commerce' as all guns have moved in interstate travel as part of manufacturing and shipping and thus under the authority of Congress.
Campus Carry (colleges/universities)
Carrying a firearm on a college campus is legal in certain circumstances (18-3309). School authorities are empowered to regulate firearms on campus, except for the provisions of this section. The general exemptions to the prohibition include:
- A person or an employee who is authorized to carry a firearm by school authorities;
- A person who possesses a firearm for authorized use in an approved program, event, activity with school permission;
- A person who possesses a firearm in a private vehicle while delivering or picking up students, employees or other persons.
"Public entertainment facility" means an arena, stadium, amphitheater, auditorium, theater or similar facility with a seating capacity of at least one thousand (1,000) that is primarily designed and used for artistic, theatrical, cultural, charitable, musical, sporting or entertainment events.
Open Carry?
The statute does not specifically prohibit open carry, nor does it explicitly require concealed carry. The Idaho Board of Regents policy explicitly allows concealed carry pursuant to the above. Under Idaho jurisprudence and case law In re: Brickey a case could likely be made that the state cannot regulate an openly carried firearm. Prior to the campus carry bill, the statute referred only to concealed carry being within the university's domain of regulatory power. In 2014, Deputy Attorney General Brian Kane said that open carry isn't specifically banned, but made an argument that courts may be able to interpret the law as they saw fit. The bill makes no mention of which method of carry. However, caution is due as universities and colleges can administratively regulate a student's behavior. Colleges/universities may fight open carry if pressed as has been shown in Utah, which has a similar law.
Car Carry
It is legal to carry a firearm in your vehicle. If you can legally carry a firearm, keeping a concealed firearm in a vehicle is permissible.
18-3302.(4) Subsection (3) of this section shall not apply to restrict or prohibit the carrying or possession of:
- (c) Any deadly weapon concealed in a motor vehicle;
- (d) A firearm that is not loaded and is secured in a case;
- (f) Any deadly weapon concealed by a person who is:
- (i) Over eighteen (18) years of age;
- (ii) A citizen of the United States or a current member of the armed forces of the United States; and(iii) Is not disqualified from being issued a license under paragraphs (b) through (n) of subsection (11) of this section.
Note: the below case law has likely been rendered moot following recent changes to the statutes (constitutional carry).
State v. Button
The defendant was detained during a traffic stop and taken into custody outside of the vehicle. A pistol was found stuffed in between the seat cushions and partially covered with a purse so that only the butt of the pistol was visible from the passenger side window. The court held that if only a small portion of firearm were visible from one particular viewpoint, the weapon would not be considered "discernible from ordinary observation."
The concealed firearm law includes firearms "on or about" the person. Idaho case law has held that a firearm within reaching distance in a vehicle is included in "on or about" the person.
While the court's holding could be interpreted that an officer should immediately be able to see a firearm in a vehicle, given the particulars of this case, that is an overly broad interpretation. "Ordinary observation" tends to imply that an officer shouldn't have to look extra hard to find a gun in a vehicle. Assuming the officer has a clear line of sight he should be able to visually identify a firearm without prompting.
At issue in the appeal was that since enough of the pistol was visible to identify it as a pistol, it was not indeed concealed. Looking deeper into the circumstances we find:
- The driver had to tell the officer where to find the gun.
- The officer only saw a small portion of the firearm from one particular viewpoint.
- The driver had partially concealed the firearm by shoving down in the seats and putting a purse on top. Had she not been informed of its location, it's unlikely she would have found the pistol before beginning a physical search of the vehicle.
This was not a case of a holstered handgun being blocked by a console or an armrest, an inattentive officer failing to notice something, or simply being on the wrong side of the car. A deliberate attempt had been made to keep the weapon out of sight and more than ordinary effort of observation was required to visually detect its presence.
State v. NcNary
The defendant was arrested for having a firearm in a case underneath the driver's seat. The court found that:
One carries a weapon 'upon or about his person' not only when he physically is carrying it in his clothing or in a handbag of some sort, but also when he goes about with the weapon in such close proximity to himself that it is readily accessible for prompt use.
Employee protections/parking lots
Employers are given immunity from liability from any claim for damages that may arise involving a firearm stored in an employee's vehicle. The intent of this section was to remove liability as an excuse for employers to prohibit firearms in their employee's private vehicles. Note that this does not apply to other private property.
No action shall lie or be maintained for civil damages in any court of this state against an employer where the claim arises out of the policy of an employer to either specifically allow or not prohibit the lawful storage of firearms by employees in their personal motor vehicles on the employer's business premises (5-341).