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Idaho Gun Laws

last updated: February 4, 2017

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm.

Idaho Constitution Article I, Section 11

The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.

TITLE 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 3 - Parties To Actions

§5-341 - Immunity Of Employers Allowing Employee Firearm Storage

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.

History: [5-341, added 2009, ch. 265, sec. 1, p. 802.]

§5-343 - (2014) Immunity Of Colleges And Universities Allowing Firearms

No action shall lie or be maintained for civil damages in any court of this state against the board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, a dormitory housing commission, the board of professional - technical education or the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, where the claim arises out of the policy of the board or commission to either specifically allow or not prohibit the lawful possession and storage of firearms on its property.

HISTORY: added, 2014, ch. 73, sec. 5.

TITLE 6 - ACTIONS IN PARTICULAR CASES

CHAPTER 8 - ACtions For Negligence

§6-808 - Civil Immunity For Self-defense
  1. A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is immune from any civil liability for the use of such force except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties.
  2. The court shall award reasonable attorney's fees and costs incurred by the defendant in any civil action if the court finds that the defendant is immune from such action pursuant to this section.
  3. As used in this section, "law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.

History: [6-808, added 2006, ch. 453, sec. 1, p. 1345.]

CHAPTER 27 - Idaho Sport Shooting Activities Immunity Act

§6-2701 - Definitions

As used in this chapter:

  1. "Engaged in sport shooting activities" means entering and exiting a sport shooting range, preparing to shoot, waiting to shoot, shooting and assisting another person in shooting. The term includes being a spectator, receiving training or otherwise being present on a sport shooting range for any reason;
  2. "Participant" means any person who engages in sport shooting activities, whether or not a fee is paid to participate in such sport shooting activities;
  3. "Sport shooting activities" means the use of firearms, airguns and archery equipment for target practice, competition, training, instruction or other similar activities;
  4. "Sport shooting instructor" means a person who holds a current instructor certification issued by the Idaho department of fish and game, the Idaho state police, the national rifle association or other nationally recognized organization, which certifies shooting instructors who are engaged, whether or not for compensation, in instructing, training or coaching a participant in sport shooting activities;
  5. "Sport shooting official?? means a person who holds a current certification as a referee, match director, range officer, range master or other similar function issued by the national rifle association, United States practical shooting association, national range officers institute, USA shooting, international shooting sports federation or other nationally or internationally recognized organization which certifies match officials who are engaged in supervising sport shooting activities;
  6. "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery or any other similar sport shooting;
  7. "Sport shooting range operator" means an individual, group or club, partnership, limited liability company or corporation, whether or not operating for profit, which owns, operates or otherwise provides a range for sport shooting activities; and
  8. "Sport shooting sponsor" means an individual, group or club, partnership, limited liability company or corporation, whether or not operating for profit, which promotes or conducts sport shooting activities.

History: [6-2701, added 2009, ch. 195, sec. 1, p. 628.]

§6-2702 - Limitation Of Liability On Sport Shooting Activities
  1. Except as provided in subsection (2) or (3) of this section, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor shall not be liable for any injury, including an injury causing death, to a participant engaged in sport shooting activities and, except as provided in subsection (2) or (3) of this section, no participant or participant's representative, may maintain an action against, or recover from, a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor for an injury to, or the death of, a participant engaged in sport shooting activities.
  2. Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting range instructor:
    1. If the sport shooting range operator, sport shooting sponsor, sport shooting official or sport shooting instructor:
      1. Commits an act or omission that constitutes gross negligence or willful and wanton disregard for the safety of the participant and that act or omission caused the injury;
      2. Intentionally injures the participant;
      3. Fails to exercise ordinary care in the sport shooting range operator’s, sport shooting sponsor’s, sport shooting official’s or sport shooting instructor’s own use of a firearm, airgun or archery equipment; or
      4. Provides firearms, airguns or archery equipment to a participant and fails to exercise ordinary care to determine that the provided firearms, airguns or archery equipment are in a safe operating condition.
    2. Under liability provisions as set forth in the products liability laws;
    3. Under the liability provisions set forth in chapter 9, title 6, Idaho Code; or
    4. Under the provisions of the Idaho worker's compensation law, section 72-101, Idaho Code, et seq.
  3. Nothing in subsection (1) of this section shall prevent or limit the liability of a sport shooting range operator if a participant sustains an injury because of a dangerous latent condition which was known or should have been known to the sport shooting range operator and for which warning signs had not been conspicuously posted.
  4. Nothing in this section shall be construed to enlarge or otherwise adversely affect the liability of any party. This section shall not be construed to impair any defense and any other immunity or bar to a civil lawsuit shall remain in effect.

History: [6-2702, added 2009, ch. 195, sec. 1, p. 629.]

TITLE 18 - CRIMES AND PUNISHMENTS

CHAPTER 33 - Firearms, Explosives And Other Deadly Weapons

§18-3301 - Deadly Weapon -- Possession With Intent To Assault

Every person having upon him any deadly weapon with intent to assault another is guilty of a misdemeanor.

History: [18-3301, added 1972, ch. 336, sec. 1, p. 911.]

§18-3302 - (2016) Concealed Weapons
  1. The legislature hereby finds that the people of Idaho have reserved for themselves the right to keep and bear arms while granting the legislature the authority to regulate the carrying of weapons concealed. The provisions of this chapter regulating the carrying of weapons must be strictly construed so as to give maximum scope to the rights retained by the people.
  2. As used in this chapter:
    1. "Concealed weapon" means any deadly weapon carried on or about the person in a manner not discernible by ordinary observation;
    2. "Deadly weapon" means:
      1. Any dirk, dirk knife, bowie knife, dagger or firearm;
      2. Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or
      3. Any other weapon, device, instrument, material or substance that is intended by the person to be readily capable of causing death or serious bodily injury.
    3. The term "deadly weapon" does not include:
      1. Any knife, cleaver or other instrument that is intended by the person to be used in the processing, preparation or eating of food;
      2. Any knife with a blade four (4) inches or less; or
      3. Any taser, stun-gun, pepper spray or mace;
    4. "Firearm" means any weapon that will, is designed to, or may readily be converted to, expel a projectile by the action of an explosive;
    5. "Loaded" means:
      1. For a firearm capable of using fixed ammunition, that live ammunition is present in:
        1. The chamber or chambers of the firearm;
        2. Any internal magazine of the firearm; or
        3. A detachable magazine inserted in the firearm;
      2. For a firearm that is not capable of using fixed ammunition, that the firearm contains:
        1. A propellant charge; and
        2. A priming cap or primer cap.
  3. No person shall carry concealed weapons on or about his person without a license to carry concealed weapons, except:
    1. In the person's place of abode or fixed place of business;
    2. On property in which the person has any ownership or leasehold interest;
    3. On private property where the person has permission to carry concealed weapons from any person with an ownership or leasehold interest;
    4. Outside the limits of or confines of any city, if the person is over eighteen (18) years of age and is not otherwise disqualified from being issued a license under subsection (11) of this section
  4. Subsection (3) of this section shall not apply to restrict or prohibit the carrying or possession of:
    1. Any deadly weapon located in plain view;
    2. Any lawfully possessed shotgun or rifle;
    3. A firearm that is not loaded and is concealed in a motor vehicle;
    4. A firearm that is not loaded and is secured in a case; and (e) A firearm that is disassembled or permanently altered such that it is not readily operable; and
    5. A concealed handgun by a person who is:
      1. Over twenty-one (21) years of age;
      2. A resident of Idaho; and
      3. Is not disqualified from being issued a license under sub-section (11) of this section
  5. The requirement to secure a license to carry concealed weapons under this section shall not apply to the following persons:
    1. Officials of a city, county or the state of Idaho;
    2. Any publicly elected Idaho official;
    3. Members of the armed forces of the United States or of the national guard when in performance of official duties;
    4. Criminal investigators of the attorney general's office and criminal investigators of a prosecuting attorney's office, prosecutors and their deputies;
    5. Any peace officer as defined in section 19-5101(d), Idaho Code, in good standing;
    6. Retired peace officers or detention deputies with at least ten (10) years of service with the state or a political subdivision as a peace officer or detention deputy and who have been certified by the peace officer standards and training council;
    7. Any person who has physical possession of his valid license or permit authorizing him to carry concealed weapons from another state; and (h) Any person who has physical possession of a valid license or permit from a local law enforcement agency or court of the United States authorizing him to carry concealed weapons.
  6. The sheriff of the county of the applicant's residence or, if the applicant has obtained a protection order pursuant to chapter 63, title 39, Idaho Code, the sheriff of a county where the applicant is temporarily residing may issue a temporary emergency license for good cause pending review of an application made under subsection (7) of this section. Temporary emergency licenses must be easily distinguishable from regular licenses. A temporary emergency license shall be valid for not more than ninety (90) days.
  7. The sheriff of a county, on behalf of the state of Idaho, must, within ninety (90) days after the filing of a license application by any person who is not disqualified as provided herein from possessing or receiving a firearm under state or federal law, issue a license to the person to carry concealed weapons on his person within this state. Such license shall be valid for five (5) years from the date of issuance.
  8. The sheriff must make license applications readily available at the office of the sheriff, at other public offices in his or her jurisdiction and on the website of the Idaho state police. The license application shall be in a form to be prescribed by the director of the Idaho state police and must meet the following requirements:
    1. The license application shall require the applicant's name, address, description, signature, date of birth, place of birth, military status, citizenship and the driver's license number or state identification card number if used for identification in applying for the license. Provided however, that if the applicant is not a United States citizen and is legally in the United States, the application must also require any alien or admission number issued to the applicant by United States immigration and customs enforcement or any successor agency;
    2. The license application may ask the applicant to disclose his social security number but must indicate that disclosure of the applicant's social security number is optional; and
    3. The license application must contain a warning that substantially reads as follows:

      CAUTION: Federal law and state law on the possession of weapons and firearms differ. If you are prohibited by federal law from possessing a weapon or a firearm, you may be prosecuted in federal court. A state permit is not a defense to a federal prosecution.

  9. The sheriff may require the applicant to demonstrate familiarity with a firearm and must accept any one (1) of the following as evidence of the applicant's familiarity with a firearm:
    1. Completion of any hunter education or hunter safety course approved by the department of fish and game or a similar agency of another state;
    2. Completion of any national rifle association firearms safety or training course or any national rifle association hunter education course or any equivalent course;
    3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency,community college, college, university or private or public institution or organization or firearms training school, utilizing instructors certified by the national rifle association or the Idaho state police;
    4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or offered for any division or subdivision of a law enforcement agency or security enforcement agency;
    5. Evidence of equivalent experience with a firearm through participation in organized shooting competition or military service;
    6. Is currently licensed to carry concealed weapons pursuant to this section, unless the license has been revoked for cause;
    7. Completion of any firearms training or safety course or class conducted by a state certified or national rifle association certified firearms instructor; or
    8. Other training that the sheriff deems appropriate.
  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 (5) days after the filing of an application, the sheriff must forward the applicant's completed license application and fingerprints to the Idaho state police. The Idaho state police must conduct a national fingerprint-based records check, an inquiry through the national instant criminal background check system 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 sixty (60) days. If the applicant is not a United States citizen, an immigration alien query must also be conducted through United States immigration and customs enforcement or any successor agency. The sheriff shall not issue a license before receiving the results of the records check and must deny a license if the applicant is disqualified under any of the criteria listed in subsection (11) of this section. The sheriff may deny a license to carry concealed weapons to an alien if background information is not attainable or verifiable.
  11. A license to carry concealed weapons shall not be issued to any person who:
    1. Is under twenty-one (21) years of age, except as otherwise provided in this section;
    2. Is formally charged with a crime punishable by imprisonment for a term exceeding one (1) year;
    3. Has been adjudicated guilty in any court of a crime punishable by imprisonment for a term exceeding one (1) year;
    4. Is a fugitive from justice;
    5. Is an unlawful user of marijuana or any depressant, stimulant or narcotic drug, or any controlled substance as defined in 21 U.S.C. section 802;
    6. Is currently suffering from or has been adjudicated as having suffered from any of the following conditions, based on substantial evidence:
      1. Lacking mental capacity as defined in section 18-210, Idaho Code;
      2. Mentally ill as defined in section 66-317, Idaho Code;
      3. Gravely disabled as defined in section 66-317, Idaho Code; or
      4. An incapacitated person as defined in section 15-5-101, Idaho Code.
    7. Has been discharged from the armed forces under dishonorable conditions;
    8. Has received a withheld judgment or suspended sentence for a crime punishable by imprisonment for a term exceeding one (1) year, unless the person has successfully completed probation
    9. 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;
    10. Is an alien illegally in the United States;
    11. Is a person who having been a citizen of the United States has renounced his or her citizenship;
    12. Is free on bond or personal recognizance pending trial, appeal or sentencing for a crime which would disqualify him from obtaining a concealed weapons license;
    13. Is subject to a protection order issued under chapter 63, title 39, Idaho Code, 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; or
    14. Is for any other reason ineligible to own, possess or receive a firearm under the provisions of Idaho or federal law. In making a determination in relation to an applicant's eligibility under subsection (11) of this section, the sheriff shall not consider:
      1. A conviction, guilty plea or adjudication that has been nullified by expungement, pardon, setting aside or other comparable procedure by the jurisdiction where the conviction, guilty plea or adjudication occurred or in respect of which conviction, guilty plea or adjudication the applicant's civil right to bear arms either specifically or in combination with other civil rights has been restored under operation of law or legal process; or
      2. Except as provided for in subsection (11)(f) of this section, an adjudication of mental defect, incapacity or illness or an involuntary commitment to a mental institution if the applicant's civil right to bear arms has been restored under operation of law or legal process.
  12. A license to carry concealed weapons must be in a form substantially similar to that of the Idaho driver's license and must meet the following specifications:
    1. The license must provide the licensee's name, address, date of birth and the driver's license number or state identification card number if used for identification in applying for the license;
    2. The license must bear the licensee's signature and picture; and
    3. The license must provide the date of issuance and the date on which the license expires.
  13. Upon issuing a license under the provisions of this section, the sheriff must notify the Idaho state police within three (3) business days on a form or in a manner prescribed by the Idaho state police. Information relating to an applicant or licensee received or maintained pursuant to this section by the sheriff or Idaho state police is confidential and exempt from disclosure under section 74-105, Idaho Code.
  14. The fee for original issuance of a license shall be twenty dollars ($20.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the cost of processing fingerprints lawfully required by any state or federal agency or department, and the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state. The sheriff must provide the applicant with a copy of the results of the fingerprint-based records check upon request of the applicant.
  15. The fee for renewal of the license shall be fifteen dollars ($15.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, and the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state.
  16. Every license that is not, as provided by law, suspended, revoked or disqualified in this state shall be renewable at any time during the ninety (90) day period before its expiration or within ninety (90) days after the expiration date. The sheriff must mail renewal notices ninety (90) days prior to the expiration date of the license. The sheriff shall require the licensee applying for renewal to complete an application. The sheriff must submit the application to the Idaho state police for a records check of state and national databases. The Idaho state police must conduct the records check and return the results to the sheriff within thirty (30) days. The sheriff shall not issue a renewal before receiving the results of the records check and must deny a license if the applicant is disqualified under any of the criteria provided in this section. A renewal license shall be valid for a period of five (5) years. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing ninety-one (91) days to one hundred eighty (180) days after the expiration date of the license must pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee unless waived by the sheriff, except that any licensee serving on active duty in the armed forces of the United States during the renewal period shall not be required to pay a late renewal penalty upon renewing ninety-one (91) days to one hundred eighty (180) days after the expiration date of the license. After one hundred eighty-one (181) days, the licensee must submit an initial application for a license and pay the fees prescribed in subsection (14) of this section. The renewal fee and any penalty shall be paid to the sheriff for the purpose of enforcing the provisions of this chapter. Upon renewing a license under the provisions of this section, the sheriff must notify the Idaho state police within five (5) days on a form or in a manner prescribed by the Idaho state police.
  17. No city, county or other political subdivision of this state shall modify or add to the requirements of this section, nor shall a city, county or political subdivision ask the applicant to voluntarily submit any information not required in this section. A civil action may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section. The civil action may be brought in the county in which the application was made or in Ada county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this section must be awarded costs, including reasonable attorney's fees incurred in connection with the legal action.
  18. A county sheriff, deputy sheriff or county employee who issues a license to carry a concealed weapon under this section shall not incur any civil or criminal liability as the result of the performance of his duties in compliance with this section.
  19. The sheriff of a county shall issue a license to carry a concealed weapon to those individuals between the ages of eighteen (18) and twenty-one (21) years who, except for the age requirement contained in section 18-3302K(4), Idaho Code, would otherwise meet the requirements for issuance of a license under section 18-3302K, Idaho Code. Licenses issued to individuals between the ages of eighteen (18) and twenty-one (21) years under this subsection shall be easily distinguishable from licenses issued pursuant to subsection (7) of this section. A license issued pursuant to this subsection after July 1, 2016, shall expire on the twenty-first birthday of the licensee. A licensee, upon attaining the age of twenty-one (21), shall be allowed to renew the license under the procedure contained in section 18-3302K(9), Idaho Code. Such renewal license shall be issued as an enhanced license pursuant to the provisions of section 18-3302K, Idaho Code
  20. A person carrying a concealed weapon in violation of the provisions of this section shall be guilty of a misdemeanor.
  21. The sheriff of the county where the license was issued or the sheriff of the county where the person resides shall have the power to revoke a license subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, for any of the following reasons:
    1. Fraud or intentional misrepresentation in the obtaining of a license;
    2. Misuse of a license, including lending or giving a license to another person, duplicating a license or using a license with the intent to unlawfully cause harm to a person or property;
    3. The doing of an act or existence of a condition which would have been grounds for the denial of the license by the sheriff;
    4. The violation of any of the terms of this section; or
    5. The applicant is adjudicated guilty of or receives a withheld judgment for a crime which would have disqualified him from initially receiving a license.
  22. A person twenty-one (21) years of age or older who presents a valid license to carry concealed weapons is exempt from any requirement to undergo a records check at the time of purchase or transfer of a firearm from a federally licensed firearms dealer. Provided however, a temporary emergency license issued pursuant to subsection (6) of this section shall not exempt the holder of the license from any records check requirement.
  23. The attorney general must contact the appropriate officials in other states for the purpose of establishing, to the extent possible, recognition an reciprocity of the license to carry concealed weapons by other states, whether by formal agreement or otherwise. The Idaho state police must keep a copy and maintain a record of all such agreements and reciprocity recognitions, which must be made available to the public.
  24. Nothing in subsection (3) or (4) of this section shall be construed to limit the existing rights of a private property owner, private tenant, private employer or private business entity.
  25. The provisions of this section are hereby declared to be severable and if any provision of this section or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this section.

History: [18-3302, added 1990, ch. 256, sec. 2, p. 732; am. 1991, ch. 213, sec. 1, p. 507; am. 1991, ch. 262, sec. 1, p. 648; am. 1994, ch. 431, sec. 1, p. 1392; am. 1995, ch. 356, sec. 1, p. 1201; am. 1996, ch. 392, sec. 1, p. 1316; am. 1998, ch. 90, sec. 8, p. 324; am. 2000, ch. 469, sec. 22, p. 1473; am. 2005, ch. 165, sec. 1, p. 501; am. 2006, ch. 114, sec. 1, p. 309; am. 2006, ch. 294, sec. 1, p. 906; am. 2010, ch. 97, sec. 1, p. 185; am. 2010, ch. 237, sec. 1, p. 613; am. 2013, ch. 225, sec. 1, p. 529; am. 2013, ch. 242, sec. 1, p. 570; am. 2013, ch. 346, sec. 1, p. 933; am. 2015, ch. 141, sec. 16, p. 17; 2016 c. 208]

§18-3302A - Sale Of Weapons To Minors

It shall be unlawful to directly or indirectly sell to any minor under the age of eighteen (18) years any weapon without the written consent of the parent or guardian of the minor. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine not in excess of one thousand dollars ($1,000), by imprisonment in the county jail for a term not in excess of six (6) months, or by both such fine and imprisonment. As used in this section, "weapon" shall mean any dirk, dirk knife, bowie knife, dagger, pistol, revolver or gun.

History: [18-3302A, added 1990, ch. 256, sec. 3, p. 736; am. 1994, ch. 369, sec. 1, p. 1186.]

§18-3302B - (2014) Carrying Concealed Weapons Under The Influence Of Alcohol Or Drugs
  1. It shall be unlawful for any person to carry a concealed weapon on or about his person when intoxicated or under the influence of an intoxicating drink or drug. Any violation of the provisions of this section shall be a misdemeanor.
  2. In addition to any other penalty, any person who enters a plea of guilty, who is found guilty or who is convicted of a violation of subsection (1) of this section when such violation occurs on a college or university campus shall have any and all licenses issued pursuant to section 18 - 3302, 18 - 3302H or 18 - 3302K, Idaho Code, revoked for a period of three (3) years and such person shall be ineligible to obtain or renew any such license or use any other license recognized by this state for the same period.

History: [18-3302B, added 1990, ch. 256, sec. 3, p. 736; am. 2014, ch. 73, sec. 2.]

§18-3302C - (2016) Prohibited Conduct

Any person obtaining a license under the provisions of section 18-3302, Idaho Code, or carrying a concealed deadly weapon pursuant to the provisions of section 18-3302(4)(f), Idaho Code, sshall not:

  1. Carry a concealed weapon in a courthouse, juvenile detention facility or jail, public or private school, except as provided in subsection (4)(f) of section 18-3302D, Idaho Code; provided that, this subsection shall not apply to:
    1. Peace officers while acting within the scope of their employment;
    2. Security personnel while actually engaged in their employment; or
    3. Any person who is authorized to carry a weapon by a person, board or other entity having authority over the building or facility;
  2. Provide information on the application for a permit to carry a concealed weapon knowing the same to be untrue. Any person violating the provisions of this section shall be guilty of a misdemeanor.

History: [18-3302C, added 1990, ch. 256, sec. 3, p. 736; am. 1991, ch. 262, sec. 2, p. 652; am. 2000, ch. 420, sec. 2, p. 1368; 2016 ch. 208]

§18-3302D - Possessing Weapons Or Firearms On School Property
    1. It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or 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.
    2. The provisions of this section regarding the possession of a firearm or other deadly or dangerous weapon on school property shall also apply to students of schools while attending or participating in any school sponsored activity, program or event regardless of location.
  1. Definitions. As used in this section:
    1. "Deadly or dangerous weapon" means any weapon as defined in 18 U.S.C. section 930;
    2. "Firearm" means any firearm as defined in 18 U.S.C. section 921;
    3. "Minor" means a person under the age of eighteen (18) years;
    4. "Possess" means to bring an object, or to cause it to be brought, onto the property of a public or private elementary or secondary school, or onto a vehicle being used for school provided transportation, or to exercise dominion and control over an object located anywhere on such property or vehicle. For purposes of subsection (1)(b) of this section, "possess" shall also mean to bring an object onto the site of a school sponsored activity, program or event, regardless of location, or to exercise dominion and control over an object located anywhere on such a site;
    5. "School" means a private or public elementary or secondary school.
  2. Right to search students or minors. For purposes of enforcing the provisions of this section, employees of a school district shall have the right to search all students or minors, including their belongings and lockers, that are reasonably believed to be in violation of the provisions of this section, or applicable school rule or district policy, regarding the possessing of a firearm or other deadly or dangerous weapon.
  3. The provisions of this section shall not apply to the following persons:
    1. A peace officer;
    2. A person who lawfully possesses a firearm or deadly or dangerous weapon as an appropriate part of a program, an event, activity or other circumstance approved by the board of trustees or governing board;
    3. A person or persons complying with the provisions of section 19-202A, Idaho Code;
    4. Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, nonthreatening manner;
    5. A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity;
    6. Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.
  4. Penalties. Persons who are found guilty of violating the provisions of this section may be sentenced to a jail term of not more than one (1) year or fined an amount not in excess of one thousand dollars ($1,000) or both. If a violator is a student and under the age of eighteen (18) years, the court may place the violator on probation and suspend the juvenile detention or fine or both as long as the violator is enrolled in a program of study recognized by the court that, upon successful completion, will grant the violator a general equivalency diploma (GED) or a high school diploma or other educational program authorized by the court. Upon successful completion of the terms imposed by the court, the court shall discharge the offender from serving the remainder of the sentence. If the violator does not complete, is suspended from, or otherwise withdraws from the program of study imposed by the court, the court, upon receiving such information, shall order the violator to commence serving the sentence provided for in this section.

History: [18-3302D, added 1993, ch. 153, sec. 1, p. 389; am. 1995, ch. 248, sec. 1, p. 819; am. 2000, ch. 420, sec. 1, p. 1366.]

§18-3302E - Possession Of A Weapon By A Minor
  1. It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any weapon, as defined in section 18-3302A, Idaho Code, unless he:
    1. Has the written permission of his parent or guardian to possess the weapon; or
    2. Is accompanied by his parent or guardian while he has the weapon in his possession.
  2. Any minor under the age of twelve (12) years in possession of a weapon shall be accompanied by an adult.
  3. Any person who violates the provisions of this section is guilty of a misdemeanor.

History: [18-3302E, added 1994, ch. 369, sec. 2, p. 1187.]

§18-3302F - Prohibition Of Possession Of Certain Weapons By A Minor
  1. It shall be unlawful for any person under the age of eighteen (18) years to possess or have in possession any handgun.
  2. Except as provided by federal law, a minor under the age of eighteen (18) years may not possess the following:
    1. A sawed-off rifle or sawed-off shotgun; or
    2. A full automatic weapon.
  3. Any person who violates the provisions of subsection (2) (a) of this section is guilty of a misdemeanor.
  4. Any person who violates the provisions of subsection (2) (b) of this section is guilty of a felony.
  5. For purposes of this section:
    1. "Full automatic weapon" means any firearm which fires, is designed to fire, or can be readily restored to fire, automatically more than one (1) bullet, or other missile without reloading, by a single function of the trigger.
    2. "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve (12) inches. Excluded from this definition are handguns firing a metallic projectile, such as a BB or pellet, through the force of air pressure, CO pressure, or spring action or any spot marker gun.
  6. Any person who provides a handgun to a minor when the possession of the handgun by the minor is a violation of the provisions of this section is guilty of a misdemeanor.

History: [18-3302F, added 1994, ch. 369, sec. 3, p. 1187.]

§18-3302G - Exceptions

The provisions of section 18-3302E, Idaho Code, regarding the possession of a weapon by a minor or section 18-3302F, Idaho Code, regarding possession of handguns by minors shall not apply to any of the following:

  1. Patrons firing at lawfully operated target concessions at amusement parks and similar locations provided that the firearms to be used are firmly chained or affixed to the counters;
  2. Any person in attendance at a hunter's safety course or a firearm's safety course;
  3. Any person engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law;
  4. Any person engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;
  5. Any minor under eighteen (18) years of age who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of the law;
  6. Any resident or nonresident hunters with a valid hunting license or other persons who are lawfully engaged in hunting; and
  7. Any person traveling to or from any activity described in subsection (2), (3), (4), (5) or (6) of this section with an unloaded firearm in his possession.

History: [18-3302G, added 1994, ch. 369, sec. 4, p. 1188.]

§18-3302H - (2015) Carrying Of Concealed Firearms By Qualified Retired Law Enforcement Officers
  1. A county sheriff shall issue a license to carry a concealed firearm to a qualified retired law enforcement officer provided that the provisions of this section are met.
  2. As used in this section:
    1. "Firearm" means a handgun and does not include:
      1. Any machine gun, as defined in 26 U.S.C. section 5845(b);
      2. Any firearm silencer, as defined in 18 U.S.C. section 921; or
      3. Any destructive device, as defined in 18 U.S.C. section 921.
    2. "Qualified retired law enforcement officer" means an individual who:
      1. Retired in good standing from service with a public agency as a law enforcement officer, provided that such retirement was for reasons other than mental instability;
      2. Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;
      3. Before such retirement, was regularly employed as a law enforcement officer for an aggregate of fifteen (15) years or more, or retired from service with such agency after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;
      4. Has a nonforfeitable right to benefits under the retirement plan of the agency;
      5. During the most recent twelve (12) month period has met, at his own expense, the standards for training and qualification of this state, as required at the discretion of the sheriff under paragraph (d) of this subsection or the agency from which he retired for active law enforcement officers, to carry a concealed firearm;
      6. Is not chronically under the influence of alcohol, or under the influence of another intoxicating or hallucinatory drug or substance in violation of any provision of federal or state law;
      7. Is not prohibited by federal law from receiving a firearm;
      8. Has a current and valid photographic identification issued by the agency from which the individual retired from service as a law enforcement officer;
      9. Provides by his affidavit, in triplicate, sworn and signed by him under penalty of perjury, that he meets all of the conditions set forth in this subsection (2);
      10. Pays the fees charged by the sheriff pursuant to this section; and
      11. Completes the original application or renewal application as provided by this section.
    3. "Retired in good standing" means that at the time of his retirement, he was not under investigation, or subject to discipline, for any violation of this state's law enforcement code of conduct.
    4. "Standards for training and qualification in this state" means that when issuing a license pursuant to this section, the sheriff may require the applicant to demonstrate familiarity with a firearm by any of the following methods, provided the sheriff may require an applicant to complete more than one (1) firearms safety or training course:
      1. Completion of any hunter education or hunter safety course approved by the department of fish and game or a similar agency of another state;
      2. Completion of any national rifle association firearms safety or training course, or any national rifle association hunter education course;
      3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, community college, college, university, or private or public institution or organization or firearms training school, utilizing instructors certified by the national rifle association or the Idaho state police;
      4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement agency;
      5. Presentation of evidence of equivalent experience with a firearm through participation in organized shooting competitions or military service;
      6. Completion of any firearms training or training or safety course or class conducted by a state certified or national rifle association certified firearms instructor; or
      7. Any other firearms safety training that the sheriff may deem appropriate.
  3. The original and renewal license applications under this section shall be in triplicate, in a form to be prescribed by the director of the Idaho state police, and shall ask the name, address, description and signature of the licensee, date of birth, social security number, military status, identification of the law enforcement agency from which the applicant retired, and the driver's license number or state identification card number of the licensee if used for identification in applying for the license. The application shall indicate that provision of the social security number is optional. In implementing the provisions of this section, the sheriff shall make applications readily available at the office of the sheriff or at other public offices in his jurisdiction.
  4. The fee for original issuance of a license under this section shall be twenty dollars ($20.00), paid to the sheriff. The sheriff may also collect any additional fees necessary to cover the cost of processing and the cost of materials for the license, which shall also be paid to the sheriff.
  5. An original or renewed license issued pursuant to this section shall be in a form substantially similar to that of the Idaho driver's license and shall be valid for a period of one (1) year. The license shall bear the signature, name, address, date of birth, picture of the licensee, expiration date, and the driver's license number or state identification card number of the licensee if used for identification in applying for the license, and shall state that the licensee is a qualified retired law enforcement officer. Upon issuing a license under the provisions of this section, the sheriff shall notify the Idaho state police on a form or in a manner prescribed by the director of the Idaho state police.
  6. A qualified retired law enforcement licensee under this section may renew his license if he applies for renewal at any time before or within ninety (90) days after the expiration date of the license. The sheriff shall require the licensee applying for renewal to complete a renewal application pursuant to subsection (3) of this section and an affidavit pursuant to subsection (2) of this section. A renewed license shall take effect upon the expiration date of the prior license.
  7. The fee for renewal of the license, which must be paid on a yearly basis, shall be twelve dollars ($12.00), paid to the sheriff. The sheriff may also collect any additional fees necessary to cover the processing costs and the cost of materials for the license, which shall also be paid to the sheriff. A licensee renewing after the expiration date of the license shall pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee. The renewal penalty fee, if any, shall be paid to the sheriff.
  8. A current and valid photographic identification issued by the agency from which the individual retired from service as a law enforcement officer, together with a license issued by the sheriff pursuant to this section, shall serve as a license to carry a firearm for a qualified retired law enforcement officer under 18 U.S.C. section 926C.
  9. The sheriff of the county where the license was issued or the sheriff of the county where the person resides shall have the power to revoke a license issued under this section pursuant to the provisions of section 18-3302(15), Idaho Code.
  10. A county sheriff, deputy sheriff, or county employee who issues a license to carry a concealed weapon pursuant to this section shall not incur any civil or criminal liability as the result of the performance of his duties under this section.
  11. A city, county or other political subdivision of this state shall not modify the requirements of this section, nor shall a political subdivision ask the applicant to voluntarily submit any information not required by this section.
  12. A civil action may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section. The civil action shall be brought in the county in which the application was made.
  13. In lieu of or in addition to qualification to carry a concealed firearm under this section, a retired law enforcement officer may apply for a license to carry concealed weapons under section 18-3302, Idaho Code.
  14. Information relating to an applicant or licensee received or maintained pursuant to this section by the sheriff or Idaho state police is confidential and exempt from disclosure under section 74-102, Idaho Code.

History: [18-3302H, added 2005, ch. 128, sec. 1, p. 412; am. 2009, ch. 202, sec. 1, p. 650; am. 2015, ch. 141, sec, 17, p. 24.]

§18-3302I - (2015) Threatening Violence On School Grounds

Effective: 07/01/2015

    1. Any person, including a student, who willfully threatens on school grounds by word or act to use a firearm or other deadly or dangerous weapon to do violence to any other person on school grounds is guilty of a misdemeanor.
    2. The threats prohibited by this section encompass only those statements or acts where the speaker or actor intends to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. The prosecution is not required to prove that the defendant actually intended to carry out the threat.
  1. Definitions. As used in this section:
    1. "Deadly or dangerous weapon" means a weapon, device, instrument, material or substance that is used for, or is readily capable of, causing death or serious bodily injury;
    2. "On school grounds" means in, or on the property of, a public or private elementary or secondary school.

History: [18-3302I, added 2006, ch. 303, sec. 1, p. 936; 2015, ch. 303, sec. 3, p. 8.]

§18-3302J - (2014) Preemption Of Firearms Regulation
  1. The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen's right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature's intent to wholly occupy the field of firearms regulation within this state.
  2. Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.
  3. A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:
    1. A person discharging a firearm in the lawful defense of person or persons or property;
    2. A person discharging a firearm in the course of lawful hunting;
    3. A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property;
    4. A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code; or
    5. A person discharging a firearm in the course of target shooting on public land if the discharge will not endanger persons or property.
  4. A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:
    1. A person discharging a firearm in the lawful defense of person or persons or property; or
    2. A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code.
  5. This section shall not be construed to affect:
    1. The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code; and
    2. The authority of counties and cities to regulate the location and construction of sport shooting ranges, subject to the limitations contained in chapter 26, title 55, Idaho Code;
  6. The provisions of this section are hereby declared to be severable. And if any provision is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

History: [18-3302J, added 2008, ch. 304, sec. 2, p. 845; am. 2014, ch. 73, sec. 3.]

§18-3302K - (2015) Issuance Of Enhanced Licenses To Carry Concealed Weapons
  1. The sheriff of a county, on behalf of the state of Idaho, must, within ninety (90) days after the filing of an application by any person who is not disqualified from possessing or receiving a firearm under state or federal law and has otherwise complied with the requirements of this section, issue an enhanced license to the person to carry concealed weapons on his person. Licenses issued under this section shall be valid for five (5) years from the date of issue.
  2. The sheriff must make license applications readily available at the office of the sheriff, at other public offices in his jurisdiction and on the website of the Idaho state police. The license application must be in a form to be prescribed by the director of the Idaho state police and must meet the following requirements:
    1. The license application shall require the applicant's name, address, description, signature, date of birth, place of birth, military status, citizenship and the driver's license number or state identification card number if used for identification in applying for the license. If the applicant is not a U.S. citizen, the application shall also require any alien or admission number issued to the applicant by U.S. immigration and customs enforcement, or any successor agency;
    2. The license application may ask the applicant to disclose his social security number but must indicate that disclosure of the applicant's social security number is optional; and
    3. The license application must contain a warning that substantially reads as follows:

      CAUTION: Federal law and state law on the possession of weapons and firearms differ. If you are prohibited by federal law from possessing a weapon or a firearm, you may be prosecuted in federal court. A state permit is not a defense to a federal prosecution.

  3. Any person who is applying for original issuance of a license to carry concealed weapons must submit his fingerprints with the completed application. Within five (5) days after the filing of an application, the sheriff must forward the applicant's completed license application and fingerprints to the Idaho state police. The Idaho state police must conduct a national fingerprint-based records check, an inquiry through the national instant criminal background check system, 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 must return the results to the sheriff within sixty (60) days. If the applicant is not a U.S. citizen, an immigration alien query must also be conducted through U.S. immigration and customs enforcement or any successor agency. The sheriff shall not issue a license before receiving and reviewing the results of the records check.
  4. The sheriff must deny an enhanced license to carry a concealed weapon if the applicant is disqualified under any of the criteria listed in section 18-3302(11), Idaho Code, or does not meet all of the following qualifications:
    1. Is over the age of twenty-one (21) years;
    2. Has been a legal resident of the state of Idaho for at least six (6) consecutive months before filing an application under this section or holds a current license or permit to carry concealed weapons issued by his state of residence; and
    3. Has successfully completed within the twelve (12) months immediately preceding filing an application, a qualifying handgun course as specified in this paragraph and taught by a certified instructor who is not prohibited from possessing firearms under state or federal law. A copy of the certificate of successful completion of the handgun course, in a form to be prescribed by the director of the Idaho state police and signed by the course instructor, must be submitted to the sheriff at the time of filing an application under this section. Certified instructors of handgun courses when filing an application under this section shall not be required to submit such certificates but must submit a copy of their current instructor's credential. The sheriff must accept as a qualifying handgun course a personal protection course offered by the national rifle association or an equivalent, provided that all personal protection or equivalent courses must meet the following requirements:
      1. The course instructor is certified by the national rifle association, or by another nationally recognized organization that customarily certifies firearms instructors, as an instructor in personal protection with handguns, or the course instructor is certified by the Idaho peace officers standards and training council as a firearms instructor;
      2. The course is at least eight (8) hours in duration;
      3. The course is taught face to face and not by electronic or other means; and
      4. The course includes instruction in:
        1. Idaho law relating to firearms and the use of deadly force, provided that such instruction is delivered by either of the following whose name and credential must appear on the certificate:
          1. An active licensed member of the Idaho state bar; or
          2. A law enforcement officer who possesses an intermediate or higher Idaho peace officers standards and training certificate.
        2. The basic concepts of the safe and responsible use of handguns;
        3. Self-defense principles; and
        4. Live fire training including the firing of at least ninety-eight (98) rounds by the student. An instructor must provide a copy of the syllabus and a written description of the course of fire used in a qualifying handgun course that includes the name of the individual instructing the legal portion of the course to the sheriff upon request.
  5. A license to carry concealed weapons must be in a form substantially similar to that of the Idaho driver's license and must meet the following specifications:
    1. The license must provide the licensee's name, address, date of birth and the driver's license number or state identification card number if used for identification in applying for the license;
    2. The license must bear the licensee's signature and picture;
    3. The license must provide the date of issuance and the date on which the license expires; and
    4. The license must be clearly distinguishable from a license issued pursuant to section 18-3302, Idaho Code, and must be marked "Idaho enhanced concealed weapons license" on its face.
  6. Upon issuing a license under the provisions of this section, the sheriff must notify the Idaho state police within three (3) days on a form or in a manner prescribed by the Idaho state police. Information relating to an applicant or licensee received or maintained pursuant to this section by the sheriff or Idaho state police is confidential and exempt from disclosure under section 9-340B, Idaho Code.
  7. The fee for original issuance of an enhanced license shall be twenty dollars ($20.00), which the sheriff must retain for the purpose of performing the duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, and the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state. The sheriff must provide the applicant with a copy of the results of the fingerprint-based records check upon request of the applicant.
  8. The fee for renewal of the enhanced license shall be fifteen dollars ($15.00), which the sheriff must retain for the purpose of performing duties required in this section. The sheriff may collect the actual cost of any additional fees necessary to cover the processing costs lawfully required by any state or federal agency or department, and the actual cost of materials for the license lawfully required by any state agency or department, which costs must be paid to the state.
  9. Every license that is not, as provided by law, suspended, revoked or disqualified in this state shall be renewable at any time during the ninety (90) day period before its expiration or within ninety (90) days after the expiration date. The sheriff must mail renewal notices ninety (90) days prior to the expiration date of the license. The sheriff shall require the licensee applying for renewal to complete an application. The sheriff must submit the application to the Idaho state police. The Idaho state police must conduct the same records checks as required for an initial license under subsection (3) of this section and must return the results to the sheriff within thirty (30) days. The sheriff shall not issue a renewal before receiving and reviewing the results of the records check and must deny a license if the applicant is disqualified under any of the criteria provided in this section. A renewal license shall be valid for a period of five (5) years. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing ninety-one (91) days to one hundred eighty (180) days after the expiration date of the license must pay a late renewal penalty of ten dollars ($10.00) in addition to the renewal fee, except that any licensee serving on active duty in the armed forces of the United States during the renewal period shall not be required to pay a late renewal penalty upon renewing ninety-one (91) days to one hundred eighty (180) days after the expiration date of the license. After one hundred eighty-one (181) days, the licensee shall be required to submit an initial application for an enhanced license and pay the fees prescribed in subsection (7) of this section. The renewal fee and any penalty shall be paid to the sheriff for the purpose of enforcing the provisions of this chapter. Upon renewing a license under the provisions of this section, the sheriff must notify the Idaho state police within five (5) days on a form or in a manner prescribed by the Idaho state police.
  10. No city, county or other political subdivision of this state shall modify or add to the requirements of this section, nor shall a city, county or political subdivision ask the applicant to voluntarily submit any information not required in this section. A civil action may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section. The civil action may be brought in the county in which the application was made or in Ada county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this section must be awarded costs, including reasonable attorney's fees incurred in connection with the legal action.
  11. A county sheriff, deputy sheriff or county employee who issues a license to carry a concealed weapon under this section shall not incur any civil or criminal liability as the result of the performance of his or her duties in compliance with this section.
  12. The sheriff shall have the power to revoke a license issued pursuant to this section subsequent to a hearing in accordance with the provisions of chapter 52, title 67, Idaho Code, for any of the following reasons, provided that the sheriff must notify the Idaho state police within three (3) days on a form or in a manner prescribed by the Idaho state police of any such revocation:
    1. Fraud or intentional misrepresentation in the obtaining of a license;
    2. Misuse of a license, including lending or giving a license to another person, duplicating a license or using a license with the intent to unlawfully cause harm to a person or property;
    3. The doing of an act or existence of a condition that would have been grounds for the denial of the license by the sheriff;
    4. The violation of any of the provisions of this section; or
    5. The applicant is adjudicated guilty of or receives a withheld judgment for a crime that would have disqualified him from initially receiving a license.
  13. An applicant who provides information on the application for an enhanced license to carry a concealed weapon knowing the same to be untrue shall be guilty of a misdemeanor.
  14. The attorney general must contact the appropriate officials in other states for the purpose of establishing, to the extent possible, recognition and reciprocity of the enhanced license to carry a concealed weapon by other states, whether by formal agreement or otherwise. The Idaho state police or the attorney general must keep a copy and maintain a record of all such agreements and reciprocity recognitions that must be made available to the public.
  15. Any license issued pursuant to this section is valid throughout the state of Idaho and shall be considered an authorized state license.
  16. The Idaho state police must maintain a computerized record system that is accessible to law enforcement agencies in any state for the purpose of verifying current enhanced licensee status. Information maintained in the record system shall be confidential and exempt from disclosure under section 9-340B, Idaho Code, except that any law enforcement officer or law enforcement agency, whether inside or outside the state of Idaho, may access the record system for the purpose of verifying current enhanced licensee status.

History: [18-3302K, added 2013, ch. 242, sec. 2, p. 575; am. 2015, ch. 141, sec, 18, p. 26-27; 2015, ch. 303, sec. 5.]

§18-3303 - Exhibition Or Use Of Deadly Weapon

Every person who, not in necessary self-defense, in the presence of two (2) or more persons, draws or exhibits any deadly weapon in a rude, angry and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

History: [18-3303, added 1972, ch. 336, sec. 1, p. 911.]

§18-3304 - Aiming Firearms At Others

Any person who shall intentionally, without malice, point or aim any firearm at or toward any other person shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000) and not less than five dollars ($5.00).

History: [18-3304, added 1972, ch. 336, sec. 1, p. 911; am. 2006, ch. 71, sec. 9, p. 219.]

§18-3305 - Discharge Of Arms Aimed At Another

Any person who shall discharge, without injury to any person, any firearm, while intentionally, without malice, aimed at or toward any person, shall be guilty of a misdemeanor, and shall be liable to a fine of not more than one thousand dollars ($1,000), or imprisonment in the county jail not to exceed six (6) months, or both, at the discretion of the court.

History: [18-3305, added 1972, ch. 336, sec. 1, p. 912; am. 2006, ch. 71, sec. 10, p. 219; am. 2007, ch. 7, sec. 1, p. 7.]

§18-3306 - Injuring Another By Discharge Of Aimed Firearms

Any person who shall maim or injure any other person by the discharge of any firearm pointed or aimed, intentionally but without malice, at any such person, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or imprisonment in the county jail for a period of not more than one (1) year; and if death ensue from such wounding or maiming, such person so offending shall be deemed guilty of the crime of manslaughter.

History: [18-3306, added 1972, ch. 336, sec. 1, p. 912; am. 2006, ch. 71, sec. 11, p. 219.]

§18-3307 - Civil Liability For Injury By Firearm

Any party maimed or wounded by the discharge of any firearm aforesaid, or the heirs or representatives of any person who may be killed by such discharge, may have an action against the party offending, for damages, which shall be found by a jury, and such damages, when found, may in the discretion of the court before which such action is brought, be doubled.

History: [18-3307, added 1972, ch. 336, sec. 1, p. 912.]

§18-3308 - Selling Explosives, Ammunition Or Firearms To Minors

No person, firm, association or corporation shall sell or give to any minor under the age of sixteen (16) years any powder, commonly called gunpowder, of any description, or any dynamite or other explosive, or any shells or fixed ammunition of any kind, except shells loaded for use in shotguns and for use in rifles of twenty-two (22) caliber or smaller, or any firearms of any description, without the written consent of the parents or guardian of such minor first had and obtained. Any person, firm, association or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

History: [18-3308, added 1972, ch. 336, sec. 1, p. 912; am. 1994, ch. 131, sec. 14, p. 300.]

§18-3309 - (2015) Authority Of Governing Boards Of Public Colleges And Universities Regarding Firearms
  1. The board of regents of the university of Idaho, the boards of trustees of the state colleges and universities, the board for professional - technical education and the boards of trustees of each of the community colleges established under chapter 21, title 33, Idaho Code, hereby have the authority to prescribe rules and regulations relating to firearms.
  2. Notwithstanding any other provision of state law, this authority shall not extend to regulating or prohibiting the otherwise lawful posses sion, carrying or transporting of firearms or ammunition by persons licensed under section 18 - 3302H or 18 - 3302K, Idaho Code.
    1. However, a person issued a license under the provisions of section 18 - 3302H or 18 - 3302K, Idaho Code, shall not carry a concealed weapon:
      1. Within a student dormitory or residence hall; or
      2. Within any building of a public entertainment facility, provided that proper signage is conspicuously posted at each point of public ingress to the facility notifying attendees of any restriction on the possession of firearms in the facility during the game or event.
    2. As used in this section:
      1. "Public entertainment facility" means an arena, stadium, amphitheater, auditorium, theater or similar facility with a seat ing capacity of at least one thousand (1,000) persons that is owned or operated by the board of regents of the university of Idaho, a board of trustees of a state college or university, the state board for professional - technical education or a board of trustees of a community college established under chapter 21, title 33, Idaho Code, that is primarily designed and used for artistic, theatrical, cultural, charitable, musical, sporting or entertainment events, but does not include publicly accessible outdoor grounds or rights - of - way appurtenant to the facility, including parking lots within the facility used for the parking of motor vehicles.
      2. "Student dormitory or residence hall" means a building owned or operated by the board of regents of the university of Idaho, a board of trustees of a state college or university, the state board for professional - technical education or a board of trustees of a community college established under chapter 21, title 33, Idaho Code, located on or within the campus area owned by the university or college to house persons residing on campus as students, but does not include off - campus housing or publicly accessible outdoor grounds or rights - of - way appurtenant to the building, including parking lots within the building used for the parking of motor vehicles.
    3. The provisions of subsection (2)(a) of this section shall not apply to the following persons:
      1. A person or persons complying with the provisions of section 19 - 202A, Idaho Code.
      2. A person or an employee who is authorized to carry a firearm by the university or college board of trustees, board of regents, governing board or a person or entity with authority over the building or facility.
      3. A person who possesses a firearm for authorized use in an approved program, event, activity or other circumstance approved by a person or entity with authority over the building or facility.
      4. A person who possesses a firearm in a private vehicle while delivering students, employees or other persons to and from a university, college or public entertainment facility.
      5. An on - duty or off - duty certified peace officer.
  3. Any rule, regulation or policy that is contrary to this section is null and void.

HISTORY: [added, 2014, ch. 73, sec. 34; am. 2015, ch. 244, sec. 1. Effective 07/01/2015.]

§18-3310 - Shipping Loaded Firearms

Every person who ships, or causes to be shipped, or delivers or causes to be delivered, to any railroad, express or stage company, or to any other common carrier, for shipment as baggage or otherwise, any loaded pistol, revolver, rifle, shotgun or other firearm, is guilty of a misdemeanor.

History: [18-3310, added 1972, ch. 336, sec. 1, p. 912.]

§18-3311 - Keeping Gunpowder Or Other Explosives In Towns

Every person who makes or keeps gunpowder, nitroglycerin, or other highly explosive substance, within any city or town, or who carries the same through the streets thereof, in any quantity or manner prohibited by law, or by any ordinance of such city or town, is guilty of a misdemeanor.

History: [18-3311, added 1972, ch. 336, sec. 1, p. 913.]

§18-3312 - Injuring Another By Careless Handling And Discharge Of Firearms

Any person who handles, uses or operates any firearm in a careless, reckless or negligent manner, or without due caution and circumspection, whereby the same is fired or discharged and maims, wounds or injures any other person or persons, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

History: [18-3312, as added by 1972, ch. 336, sec. 1, p. 913; am. 2005, ch. 359, sec. 6, p. 1135.]

§18-3313 - False Reports Of Explosives In Public Or Private Places A Felony -- Penalty

Any person who reports to any police officer, sheriff, employee of a police department or sheriff's office, employee of a 911 emergency communications system or emergency vehicle dispatch center, employee of a fire department or fire service, prosecuting attorney, newspaper, radio station, television station, deputy sheriff, deputy prosecuting attorney, member of the state police, employee of an airline, employee of an airport, employee of a railroad or bus line, an employee of a telephone company, occupants of a building, employee of a school district, or a news reporter in the employ of a newspaper or radio or television station, that a bomb or other explosive has been placed or secreted in a public or private place knowing that such report is false, is guilty of a felony, and upon conviction thereof, shall be sentenced to a term of not to exceed five (5) years in the state penitentiary.

History: [18-3313, added 1972, ch. 336, sec. 1, p. 913; am. 2006, ch. 46, sec. 1, p. 135.]

§18-3314 - Resident's Purchase Of Firearm 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.

History: [18-3314, added 1972, ch. 336, sec. 1, p. 913; am. 2009, ch. 110, sec. 1, p. 363.]

§18-3315 - Nonresident -- Purchase Of Firearm In Idaho

Residents of a state other than the state of Idaho may purchase rifles and shotguns 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.

History: [18-3315, added 1972, ch. 336, sec. 1, p. 913; am. 2009, ch. 110, sec. 2, p. 363.]

§18-3315A - Prohibition Of Federal Regulation Of Certain Firearms
  1. As used in this section:
    1. "Borders of Idaho" means the boundaries of Idaho described inchapter 1, title 31, Idaho Code.
    2. "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition, ammunition carriers and lights for target illumination.
    3. "Generic and insignificant parts" includes, but is not limited to, springs, screws, nuts and pins.
    4. "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness including, but not limited to, forging, casting, machining or other processes for working materials.
  2. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Idaho and that remains within the borders of Idaho is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured in Idaho from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.
  3. It is declared by the legislature that generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories or ammunition, and their importation into Idaho and incorporation into a firearm, a firearm accessory or ammunition manufactured in Idaho does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories and ammunition made in Idaho from those materials. Firearms accessories that are imported into Idaho from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Idaho.
  4. Subsections (2) and (3) of this section do not apply to:
    1. A firearm that cannot be carried and used by one (1) person;
    2. A firearm that has a bore diameter greater than one and one-half (1 1/2) inches and that uses smokeless powder, not black powder, as a propellant;
    3. Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
    4. A firearm that discharges two (2) or more rounds of ammunition with one (1) activation of the trigger or other firing device.
  5. A firearm manufactured or sold in Idaho under this section shall have the words "Made in Idaho" clearly stamped on a central metallic part, such as the receiver or frame.
  6. This section applies to firearms, firearms accessories and ammunition that are manufactured as defined in subsection (1) and retained in Idaho after October 1, 2010.

History: [18-3315A, added 2010, ch. 244, sec. 3, p. 628.]

§18-3315B - (2014) Prohibition Of Regulation Of Certain Firearms
  1. Other than compliance with an order of the court, any official, agent or employee of the state of Idaho or a political subdivision thereof who knowingly and willfully orders an official, agent or employee of the state of Idaho or a political subdivision of the state to enforce any executive order, agency order, law, rule or regulation of the United States government as provided in subsection (2) of this section upon a personal firearm, a firearm accessory or ammunition shall, on a first violation, be liable for a civil penalty not to exceed one thousand dollars ($1,000) which shall be paid into the general fund of the state, and on a second or subsequent violation shall be guilty of a misdemeanor. If a public officer or person commits a violation of section 18 - 315 or section 18 - 703, Idaho Code, the public officer or person shall be punished as provided in those sections. Nothing in this section shall be construed to affect the law of search and seizure as set forth in section 17, article I of the constitution of the state of Idaho or as set forth in the fourth, fifth and fourteenth amendments to the United States constitution. Notwithstanding anything to the contrary contained elsewhere in this act, no private cause of action exists under this section.
  2. No federal executive order, agency order, law, statute, rule or regulation issued, enacted or promulgated on or after the effective date of this act, shall be knowingly and willfully ordered to be enforced by any official, agent or employee of the state or a political subdivision of the state if contrary to the provisions of section 11, article I, of the constitution of the state of Idaho.
  3. "Enforcement" shall not be construed to include the performance of any act solely for the purpose of facilitating the transfer of firearms under federal law. Any order of enforcement not excluded by the provisions of this subsection that occurs on and after the effective date of this act shall be and is a breach of the oath of office of the official, agent or employee of the state or a political subdivision of the state.

HISTORY: [18-3315B, added 2014, ch. 148, sec. 3.]

§18-3316 - (2015) Unlawful Possession Of A Firearm
  1. A person who previously has been convicted of a felony who purchases, owns, possesses, or has under his custody or control any firearm shall be guilty of a felony and shall be imprisoned in the state prison for a period of time not to exceed five (5) years and by a fine not to exceed five thousand dollars ($5,000).
  2. For the purpose of subsection (1) of this section, "convicted of a felony" shall include a person who has entered a plea of guilty, nolo contendere or has been found guilty of any of the crimes enumerated in section 18-310, Idaho Code, or to a comparable felony crime in another state, territory, commonwealth, or other jurisdiction of the United States.
  3. Subsection (1) of this section shall not apply to a person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedure by the jurisdiction where the felony conviction occurred; or whose civil right to bear arms either specifically or in combination with other civil rights has been restored by any other provision of Idaho law.

History: [18-3316, added 1992, ch. 224, sec. 1, p. 675; am. 2002, ch. 187, sec. 1, p. 541; 2015, ch. 303, sec. 6, p. 13.]

§18-3317 - Unlawful Discharge Of A Firearm At A Dwelling House, Occupied Building, Vehicle Or Mobile Home

It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited camper. Any person violating the provisions of this section shall be guilty of a felony, punishable by imprisonment in the state prison for a term not to exceed fifteen (15) years.

As used in this section, "inhabited" means currently being used for dwelling purposes, whether occupied or not.

History: [18-3317, added 1993, ch. 254, sec. 1, p. 880; am. 2007, ch. 42, sec. 1, p. 104.]

§18-3318 - Definitions

Definitions as used in sections 18-3319, 18-3319A, 18-3320, 18-3320A and 18-3321, Idaho Code:

  1. "Bomb" means any chemical or mixture of chemicals contained in such a manner that it can be made to explode with fire or force, and combined with the method or mechanism intended to cause its explosion. The term includes components of a bomb only when the individual charged has taken steps to place the components in proximity to each other, or has partially assembled components from which a completed bomb can be readily assembled. "Bomb" does not include: rifle, pistol or shotgun ammunition and their components; fireworks; boating, railroad and other safety flares or propellants used in model rockets or similar hobby activities.
  2. "Destructive device" means:
    1. Any explosive, incendiary or poisonous gas:
      1. Bomb;
      2. Grenade;
      3. Rocket having a propellant charge of more than four (4) ounces;
      4. Missile having an explosive or incendiary charge of more than one-fourth (1/4) ounce;
      5. Mine;
      6. Similar device.
    2. Any type of weapon, by whatever name known, which will, or which may be imminently converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than .700 inches in diameter, except rifled and unrifled shotguns or shotgun shells.
    3. Components of a destructive device only when the individual charged has taken steps to place the components in proximity to each other, or has partially assembled components from which a completed destructive device can be readily assembled.
    4. The term "destructive device" shall not include:
      1. Any device which is neither designed nor redesigned for use as a weapon;
      2. Any device which, although originally designed for use as a weapon, has been redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;
      3. Otherwise lawfully owned surplus military ordnance;
      4. Antiques or reproductions thereof and rifles held for sporting, recreational, investment or display purposes;
      5. Rifle, pistol or shotgun ammunition and their components.
  3. "Hoax destructive device" means any object that:
    1. Under the circumstances, reasonably appears to be a destructive device as defined in subsection (2) of this section, but is an inoperative imitation of a destructive device; or
    2. Is proclaimed to contain a destructive device as defined in subsection (2) of this section, but does not in fact contain a destructive device.
  4. "Shrapnel" means any metal, ceramic, glass, hard plastic or other material of sufficient hardness to puncture human skin when propelled by force of the bomb or destructive device to which it is attached or in which it is contained.

History: [18-3318, added 1997, ch. 272, sec. 1, p. 796; am. 2001, ch. 256, sec. 1, p. 922; am. 2010, ch. 261, sec. 1, p. 662.]

§18-3319 - Unlawful Possession Of Bombs Or Destructive Devices
  1. Any person who knowingly, intentionally, or recklessly possesses or controls a bomb or destructive device for a purpose unlawful pursuant to title 18, Idaho Code, is guilty of a felony, punishable by up to a five thousand dollar ($5,000) fine and five (5) years in prison.
  2. Any person who knowingly possesses an assembled bomb or assembled destructive device and who:
    1. Has been convicted of a felony; or
    2. Has been found guilty of any crime where such conviction results in the person being prohibited from possessing or owning firearms; or
    3. Is in possession or control of any substance or paraphernalia in violation of section 37-2732B, 37-2734A or 37-2734B, Idaho Code, or the felony provisions of section 37-2732, Idaho Code;
    is guilty of a felony, punishable by up to a five thousand dollar ($5,000) fine and five (5) years in prison.
  3. Any person who possesses a bomb or destructive device which by its design will propel shrapnel is guilty of a felony, punishable by up to a five thousand dollar ($5,000) fine and five (5) years in prison.

History: [18-3319, added 1997, ch. 272, sec. 1, p. 797; am. 2001, ch. 256, sec. 2, p. 923.]

§18-3319A - Unlawful Acts -- Hoax Destructive Device
  1. A person is guilty of a felony if such person intentionally causes a reasonable person to be in fear of serious bodily injury or death by:
    1. Possessing, manufacturing, selling, giving, mailing, sending or causing to be sent to another person a hoax destructive device; or
    2. Placing or causing to be placed a hoax destructive device at any location; or
    3. Conspiring to use, using or causing to be used a hoax destructive device in the commission of or an attempt to commit a felony.
  2. A violation of the provisions of paragraph (a) or (b) of subsection (1) of this section is punishable by imprisonment in the state prison not to exceed five (5) years.
  3. A violation of the provisions of paragraph (c) of subsection (1) of this section is punishable by imprisonment in the state prison not to exceed fifteen (15) years and by a fine not exceeding fifteen thousand dollars ($15,000).

History: [18-3319A, added 2010, ch. 261, sec. 2, p. 663.]

§18-3320 - Unlawful Use Of Destructive Device Or Bomb

Any person who knowingly, intentionally, or recklessly:

  1. Conspires to use, uses or causes to be used a destructive device or bomb in the commission of or an attempt to commit a felony; or
  2. With the intent to injure the person or property of another, transports a bomb or destructive device; or
  3. Injures another or conspires or attempts to injure another in his person or property through the use of a destructive device or bomb is guilty of a felony, punishable by up to a twenty-five thousand dollar ($25,000) fine and life in prison.

History: [18-3320, added 1997, ch. 272, sec. 1, p. 797.]

§18-3320A - Disposal Of Destructive Devices Or Bombs

Any destructive device or bomb that has been lawfully seized by a law enforcement agency may be destroyed in a reasonable manner. An official record listing the destructive device or bomb destroyed and the location of destruction shall be kept on file at the office of the seizing agency. In the event of such destruction, a photograph, videotape, or similar record of the device or bomb shall be preserved for evidentiary purposes. The destruction of a destructive device or bomb before a preliminary hearing, trial, or both shall not be a bar to prosecution for any violation of law.

History: [18-3320A, added 1999, ch. 299, sec. 1, p. 751.]

§18-3321 - Persons Exempt

Unless the intent to injure the person or property of another has been established, the provisions in section 18-3319, Idaho Code, shall not apply to:

  1. Any public safety officer or member of the armed forces of the United States or national guard while acting in his official capacity;
  2. Any person possessing a valid permit issued under the provisions of the international fire code, sections 41-253 and 41-254, Idaho Code, or any employee of such permittee acting within the scope of his employment;
  3. Any person possessing a valid license as an importer, wholesaler, or display operator under the provisions of the Idaho fireworks act, sections 39-2602, 39-2606, 39-2607, 39-2608, 39-2609, 39-2610, 39-2611 and 39-2612, Idaho Code;
  4. A device which falls within the definition of a bomb or destructive device when used on property owned or otherwise in the control of the person using the device;
  5. Those licensed or permitted by the federal government to use or possess a bomb or destructive device.
  6. Those persons who possess a destructive device properly registered and taxed under the provisions of the national firearms act, as amended, as to possession of destructive devices properly registered to such persons.

History: [18-3321, added 1997, ch. 272, sec. 1, p. 797; am. 2002, ch. 86, sec. 1, p. 196.]

§18-3322 - Use Of Weapons Of Mass Destruction -- Definition
  1. Any person who willfully and without lawful authority uses, threatens, attempts or conspires to use a weapon of mass destruction, as defined in this section and including a biological agent, toxin or vector, against any person or property shall be guilty of a felony and shall be punished by a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.
  2. As used in this section, the term "weapon of mass destruction" means:
    1. Any bomb or destructive device, as those terms are defined in section 18-3318, Idaho Code;
    2. Any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination or impact of toxic or poisonous chemicals or the precursors of such chemicals;
    3. Any weapon involving a disease organism; or
    4. Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.

History: [18-3322, added 2002, ch. 222, sec. 1, p. 624.]

§18-3323 - Biological Weapons -- Definitions
  1. Any person who knowingly develops, produces, stockpiles, transfers, acquires, retains or possesses any biological agent, toxin or delivery system for use as a weapon, or who knowingly assists another person or group of persons in doing so, or attempts, threatens or conspires to do so, shall be guilty of a felony and shall be punished by imprisonment for a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.
  2. As used in this section, the term "for use as a weapon" does not include the development, production, stockpiling, transfer, acquisition, retention or possession of a biological agent, toxin or delivery system for prophylactic, protective or other peaceful purposes if such biological agent, toxin or delivery system is of a type and in a quantity that is reasonable for such purposes.
  3. The attorney general of the state of Idaho may obtain in a civil action an injunction against:
    1. The conduct prohibited under this section;
    2. The preparation, solicitation, attempt, threat or conspiracy to engage in conduct prohibited under this section; or
    3. The development, production, stockpiling, acquisition, retention or possession of any biological agent, toxin or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective or other peaceful purposes.
  4. As used in this section:
    1. "Biological agent" means any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance or biological product that is capable of causing:
      1. Death, disease or other biological malfunction in any animal, including humans, or any plant or other living organism;
      2. Deterioration of food, water, equipment, supplies or material of any kind; or
      3. Deleterious alteration of the environment;
    2. "Toxin" means the toxic material of animals, plants, microorganisms, viruses, fungi, infectious substances or a recombinant molecule, whatever its origin or method of production including:
      1. Any poisonous substance or biological product that may be engineered as a result of biotechnology produced from a living organism; or
      2. Any poisonous isomer or biological product, homologue, or derivative of such substance;
    3. "Delivery system" means any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin or vector;
    4. "Vector" means a living organism or molecule, including a recombinant molecule, or a biological product that may be engineered as a result of biotechnology capable of carrying a biological agent to a host.

History: [18-3323, added 2002, ch. 222, sec. 2, p. 624.]

§18-3324 - Use Of Chemical Weapons -- Definitions
  1. Except as provided in subsection (2) of this section, it shall be unlawful for any person to knowingly:
    1. Develop, produce or otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, use or threaten to use any chemical weapon; or
    2. Assist or induce in any way a person to violate, or attempt or conspire to violate, subsection (1)(a) of this section.
  2. Subsection (1) of this section shall not apply to:
    1. The retention, ownership, possession, transfer or receipt of a chemical weapon by a department, agency or other entity of the state of Idaho or the United States; or
    2. Any person, including a member of the armed forces of the United States, who is authorized by law or by an appropriate officer of the state of Idaho or the United States to retain, possess, transfer or receive a chemical weapon; or
    3. To an otherwise nonculpable person in an emergency situation if such person is attempting to seize or destroy the weapon.
    1. Any person who violates this section is guilty of a felony and shall be punished by imprisonment for a term of up to and including life imprisonment or by a fine not exceeding fifty thousand dollars ($50,000), or by both.
    2. The attorney general of the state of Idaho may bring a civil action in a state district court against any person who violates this section and, upon proof of such violation by a preponderance of the evidence, such person shall be required to pay a civil penalty in an amount not to exceed one hundred thousand dollars ($100,000) for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law or administrative remedy which is otherwise available by law to the state of Idaho or any other person.
    3. The court shall order any person convicted of an offense under this section to reimburse the state of Idaho for any expenses incurred by the state incident to the seizure, storage, handling, transportation, destruction or other disposition of any property or material seized in connection with an investigation of the commission of an offense by that person.
    4. The state of Idaho may obtain in a civil action an injunction against any conduct prohibited in subsection (1) of this section or the preparation or solicitation to engage in such conduct.
  3. Nothing in this section shall be construed to prohibit the possession or use of any individual self-defense device, including devices which contain pepper spray or chemical mace.
  4. As used in this section:
    1. "Chemical weapon" means the following, together or separately:
      1. A toxic chemical and its precursors, except where intended for a purpose not prohibited by this section provided the type and quantity of such chemical or precursors are consistent with such a purpose;
      2. A munition or device that is specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in paragraph (5)(a)(i) of this section and that would be released as a result of the employment of such munition or device;
      3. Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in paragraph (5)(a)(ii) of this section.
    2. Except as otherwise provided, "person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, the state of Idaho or any political subdivision thereof, or any political entity within the state, any foreign government or nation or any agency, instrumentality or political subdivision of such government or nation located in the state of Idaho.
    3. "Precursor" means any chemical reactant that takes part at any stage in the production, by whatever method, of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.
    4. "Purposes not prohibited by this section" means:
      1. Any peaceful purpose related to an industrial, agricultural, research, medical or pharmaceutical activity or other activity;
      2. Any purpose directly related to protection against toxic chemicals or chemical weapons;
      3. Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm; or
      4. Any law enforcement purpose, including any domestic riot control purpose and the imposition of capital punishment.
    5. "Toxic chemical" means any chemical that, through its chemical action on life processes, can cause death, temporary incapacitation or permanent harm to animals, including humans. The term includes all such chemicals, regardless of their form or method of production, and regardless of whether they are produced in facilities, munitions or elsewhere.

History: [18-3324, added 2002, ch. 222, sec. 3, p. 625.]

§18-3325 - Prohibition -- Possession -- Use Of Conducted Energy Device -- Penalties
  1. It shall be a misdemeanor to possess a conducted energy device by:
    1. Any person found guilty of a felony who is not finally discharged from a sentence of imprisonment, probation or parole; or
    2. Any person who, having been found guilty of a felony, has not had his or her civil right to ship, transport, possess or receive a firearm restored.
  2. Use of a conducted energy device during the commission of a felony offense shall constitute a separate felony offense.
  3. Use of a conducted energy device during the commission of any of the following misdemeanor crimes of violence: sections 18-901, 18-903,18-917 or 18-918, Idaho Code, shall result in double the penalties provided for in Idaho Code regarding those crimes.
  4. A sentence imposed for a violation of the provisions of this section shall be imposed separate from and consecutive to the sentence for any offense based on the act establishing the offense under this section.
  5. For purposes of this section, "conducted energy device" means any item that emits an electrical current, impulse, wave or beam, which current, impulse, wave or beam is designed to incapacitate, injure or kill.

History: [18-3325, added 2008, ch. 333, sec. 1, p. 918.]

CHAPTER 75 - Aircraft Hijacking

§18-7503 - Weapons Aboard Aircraft -- Penalty
  1. No person, while aboard an airplane being operated by a holder of a certificate issued by the federal government or the state of Idaho, shall carry on or about his person a deadly or dangerous weapon, either concealed or unconcealed; nor shall any person enter or attempt to enter any sterile area of an airport, which is a holder of a certificate issued by the federal government or the state of Idaho, while knowingly carrying on or about his person, or in a bag, case, pouch or other container, a deadly or dangerous weapon, either concealed or unconcealed. Any person who pleads guilty or is found guilty of this subsection shall be guilty of a misdemeanor. As used in this section "sterile area" shall mean that area of a certificated airport to which access is controlled as required by the federal aviation administration regulations.
  2. No person, while aboard an airplane being operated by a holder of a certificate issued by the federal government or the state of Idaho, shall willfully and intentionally conceal on or about his person, or in a bag, case, pouch or other container any deadly or dangerous weapon; nor shall any person enter or attempt to enter any sterile area of an airport which is a holder of a certificate issued by the federal government or the state of Idaho, while willfully and intentionally concealing on or about his person, or in a bag, case, pouch or other container any deadly or dangerous weapon with the intent to avoid its detection by security measures at the sterile area.
  3. This section does not apply to:
    1. Law enforcement officials of a city, county or state, or of the United States, who are authorized to carry arms and who have fulfilled the requirements of federal aviation administration regulations 107 and 108 in effect on January 1, 2001, and as may be amended from time to time;
    2. Crew members and other persons authorized by the certificate holder to carry arms;
    3. Parties chartering an aircraft for the purpose of hunting when a weapon is properly stored and/or in the custody of the pilot in command of the aircraft; or
    4. An aircraft owner and his invited guests when the weapon is properly stored and/or in the custody of the pilot of the aircraft.
  4. Any person convicted of violating the provisions of subsection (2) of this section shall be guilty of a felony, punishable by imprisonment in the state prison not exceeding five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both such fine and imprisonment.
  5. Any person presenting a ticket to board any commercial or charter aircraft shall by such presentation consent to a search or screening of his person or personal belongings by the aircraft company boarding him, by personnel of the airport from which the flight is originating, persons authorized by federal aviation administration regulations or by law enforcement officials. In case said person shall refuse to submit to a search or screening of his person or personal belongings by said aircraft company personnel, airport personnel, federal aviation administration regulation authorized personnel, federal employees or law enforcement officials the person refusing shall be denied the right to board said commercial or charter aircraft.
  6. Any person entering or attempting to enter into the sterile area of an airport shall be presumed to have fully consented to a search of their person, clothing and belongings including, but not limited to, any bags, cases, pouches or other containers with which they are associated. Such full consent shall remain until the aircraft shall depart from the airport.
  7. No person in, near or attempting to enter a sterile area of a certificated airport shall assault, obstruct or delay any aircraft company personnel, airport personnel, federal aviation administration regulation authorized personnel, federal employee or law enforcement official in the performance of their assigned duties within the airport.
  8. No action, either at law or equity, shall be brought against any commercial or charter airline company or airport operating in this state for the refusal of said company or airport to permit a person to board said aircraft where said person has refused to be searched as set out in subsections (5) and (6) of this section.

History: [18-7503, added 1973, ch. 267, sec. 1, p. 561; am. 2002, ch. 221, sec. 1, p. 621.]

TITLE 19 - CRIMINAL PROCEDURE

CHAPTER 2 - Prevention Of Public Offenses

§19-201 - Lawful Resistance

Lawful resistance to the commission of a public offense may be made:

  1. By the party about to be injured.
  2. By other parties.

History: [19-201, added 1972, ch. 336, sec. 3, p. 983.]

§19-202 - Resistance By Threatened Party

Resistance sufficient to prevent the offense may be made by the party about to be injured:

  1. To prevent an offense against his person, or his family, or some member thereof.
  2. To prevent an illegal attempt by force to take or injure property in his lawful possession.

History: [19-202, added 1972, ch. 336, sec. 3, p. 983.]

§19-202A - Legal Jeopardy In Cases Of Self-Defense And Defense Of Other Threatened Parties

No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in imminent danger of or the victim of aggravated assault, robbery, rape, murder or other heinous crime.

History: [I.C., sec. 19-202A, as added by 1974, ch. 238, sec. 1, p. 1601.]

§19-203 - Resistance By Other Parties

Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.

History: [19-203, added 1972, ch. 336, sec. 3, p. 983.]

§19-204 - Prevention Of Offenses By Officers Of Justice

Public offenses may be prevented by the intervention of the officers of justice:

  1. By requiring security to keep the peace.
  2. By forming a police in cities and towns, and by requiring their attendance in exposed places.
  3. By suppressing riots.

History: [(19-204) Cr. Prac. 1864, sec. 17, p. 215; R.S., R.C., & C.L., sec. 7375; C.S., sec. 8628; I.C.A., sec. 19-204.]

§19-205 - Prevention By Persons Assisting Officers

When the officers of justice are authorized to act in the prevention of public offenses, other persons who, by their command, act in their aid, are justified in so doing.

History: [19-205, added 1972, ch. 336, sec. 3, p. 983.]

TITLE 36 - FISH AND GAME

CHAPTER 15 - Public Safety

§36-1508 - Shooting From Public Highway -- Children In Possession Of Firearms

No person shall:

  1. Shoot from Public Highway. Discharge any firearm from or across a public highway.
  2. Children with Firearms. No person under the age of ten (10) years shall have in his possession any shotgun, rifle or other firearm while in the fields or forests or in any tent, camp, auto or any other vehicle in the state of Idaho, except that the holder of a valid hunting license or a participant in a mentored hunting program as prescribed by rules of the commission, if accompanied by an adult licensed to hunt in the state of Idaho, may possess a firearm for hunting while in the fields or forests.

History: [36-1508, added 1976, ch. 95, sec. 2, p. 366; am. 1992, ch. 81, sec. 34, p. 246; am. 2002, ch. 234, sec. 9, p. 695; am. 2012, ch. 104, sec. 1, p. 280.]

TITLE 41 - INSURANCE

CHAPTER 61 - Idaho Health Insurance Exchange Act

§41-6105 - Powers And Authority Of The Exchange
  1. Unless otherwise required by this chapter, in the discretion of the board, the exchange shall have the powers and authority to:
    1. Perform all duties that are necessary and appropriate to implement a health insurance exchange and the provisions of this chapter;
    2. Adopt bylaws for the regulation of its affairs and the conduct of its business, subject to the review and approval by the director. The director's consent shall be required for any amendment to the bylaws;
    3. Assess and collect fees from participating health carriers, exchange users and receive funds from any other source, that shall be used solely for the purposes of this chapter. The exchange shall not be subject to income tax imposed by the state of Idaho under chapter 30, title 63, Idaho Code;
    4. Appoint any advisory committees as deemed necessary by the board;
    5. Take any legal action to recover any amounts lawfully owed to the exchange or otherwise consistent with this chapter;
    6. Enter into contracts to effectuate and implement a health insurance exchange and shall accept requests for proposal to bid on such contracts; and
    7. Develop, adopt and implement a plan of operation and other governing documents to fulfill the requirements of this chapter.
  2. The exchange powers and authority shall be subject to the following limitations:
    1. The exchange shall not have the power to alter its own legal structure;
    2. The exchange shall be financially self-supporting and shall not request any financial support from the state and shall not have the power to tax or encumber state assets;
    3. The exchange shall be a voluntary marketplace with the purpose of preserving individual choice and facilitating the informed selection and purchase of health benefit plans by eligible individuals, eligible employers and eligible employees. Neither the exchange nor any agency of the state of Idaho shall require any person to use or participate in the exchange, nor have the authority to impose upon or collect from a person any penalty for failure or refusal to participate in the exchange or to purchase a health benefit plan or stand-alone dental plan;
    4. The exchange shall not prohibit a health carrier from participating in the exchange or prohibit a health benefit plan or stand-alone dental plan from being sold in the exchange so long as the health carrier or health benefit plan or stand-alone dental plan meets all requirements of applicable law and any requirements of the exchange consistent with this chapter;
    5. The exchange shall not prohibit or preclude a health carrier from offering insurance or a stand-alone dental plan outside the exchange;
    6. The exchange shall not prohibit a producer from participating in the exchange, and any producer participating in the exchange shall be entitled to payment for his services through written fee agreements with the individuals or small employers utilizing the services of said producer or through commissions offered by health carriers participating in the exchange;
    7. Before the exchange begins taking applications or collecting information from exchange users, the board shall certify to the director and governor that personal information collected from and about any person who voluntarily uses the exchange including, but not limited to, health care records and income, is and will continue to be secure;
    8. The exchange shall not inquire about the use, ownership, possession or storage of any firearm or ammunition by anyone using the exchange;
    9. In the event the patient protection and affordable care act (PPACA), P.L. 111-148, or any section thereof or rule enacted thereto, is declared unconstitutional or otherwise invalid by any federal court, unless such ruling is stayed by the court, the exchange shall immediately cease to enforce those affected provisions of the PPACA or rules;
    10. The state of Idaho shall not be liable for any obligations of the exchange; and
    11. The board shall not be liable for any obligations of the exchange. No member of the board shall be liable, and no cause of action of any nature may arise against them, for any act or omission related to the performance of their powers and duties under this chapter, unless such act or omission constitutes willful or wanton misconduct. The board may provide for indemnification of, and legal representation for, its members.

History: [41-6105, added 2013, ch. 170, sec. 1, p. 392.]

TITLE 46 - MILITIA AND MILITARY AFFAIRS

CHAPTER 6 - Martial Law And Active Duty

§46-601 - Authority Of Governor
  1. The governor shall have the power in the event of a state of extreme emergency to order into the active service of the state, the national guard, or any part thereof, and the organized militia, or any part thereof, or both as he may deem proper.

    "State of extreme emergency" means: (a) the duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the state, or any part thereof, caused by an enemy attack or threatened attack; or (b) the duly proclaimed existence of conditions of extreme peril to the safety of persons and property within the state, or any part thereof, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, insurrection, breach of the peace, which conditions by reason of their magnitude are or are likely to be beyond the control of the services, personnel, equipment and facilities of any county, any city, or any city and county.

  2. During a period of a state of extreme emergency, the governor shall have complete authority over all agencies of the state government, including all separate boards and commissions, and the right to exercise within the area or regions wherein the state of extreme emergency exists all police power vested in the state by the constitution and the laws of the state of Idaho. In the exercise thereof he is authorized to promulgate, issue and enforce rules, regulations and orders which he considers necessary for the protection of life and property. Such rules, regulations and orders shall, whenever practicable, be prepared in advance of extreme emergency and the governor shall cause widespread publicity and notice to be given of such rules, regulations and orders. Rules, regulations and orders issued under the authority of this section and prepared in advance of a state of extreme emergency shall not become operative until the governor proclaims a state of extreme emergency. Such rules, regulations and orders shall be in writing and shall take effect upon their issuance. They shall be filed in the office of the secretary of state as soon as possible after their issuance. A copy of such rules, regulations and orders shall likewise be filed in the office of the county clerk of each county, any portion of which is included within the area wherein a state of extreme emergency has been proclaimed. Whenever the state of extreme emergency has been ended by either the expiration of the period for which it was proclaimed or the need for said state of extreme emergency has ceased, the governor shall declare the period of the state of extreme emergency to be at an end.
  3. During the continuance of any proclaimed state of extreme emergency, insurrection or martial law, neither the governor nor any agency of any governmental entity or political subdivision of the state shall impose additional restrictions on the lawful possession, transfer, sale, transport, storage, display or use of firearms or ammunition.

History: [(46-601) 1927, ch. 261, sec. 4, p. 510; I.C.A., sec. 45-601; am. 1957, ch. 174, sec. 58, p. 312; am. 2009, ch. 215, sec. 1, p. 674.]

TITLE 50 - MUNICIPAL CORPORATIONS

CHAPTER 3 - Powers

§50-310 - Hazardous Materials

Cities are empowered: to regulate or prohibit the loading or storage of any material deemed hazardous, or transporting the same over the streets or waters in the city, or within three (3) miles of the limits thereof; to prevent the discharge of firearms, rockets, powder, fireworks or other dangerous, combustible or explosive material in the streets, lots, grounds, alleys or in and about the vicinity of any building and punish violators therefor.

History: [50-310, added 1967, ch. 429, sec. 51, p. 1249.]

TITLE 66 - STATE CHARITABLE INSTITUTIONS

CHAPTER 3 - Hospitalization Of Mentally Ill

§66-356 - Relief From Firearms Disabilities
  1. A court that:
    1. Orders commitment pursuant to section 66-329, Idaho Code;
    2. Orders commitment or treatment pursuant to section 66-406, Idaho Code;
    3. Appoints a guardian pursuant to section 66-322, Idaho Code, or section 15-5-304, Idaho Code;
    4. Appoints a conservator pursuant to section 15-5-407(b), Idaho Code;
    5. Appoints a guardian or conservator pursuant to section 66-404, Idaho Code; or
    6. Finds a defendant incompetent to stand trial pursuant to section 18-212, Idaho Code, shall make a finding as to whether the subject of the proceeding is a person to whom the provisions of 18 U.S.C. 922(d)(4) and (g)(4) apply. If the court so finds, the clerk of the court shall forward a copy of the order to the Idaho state police, which in turn shall forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database.
  2. A person who is subject to an order, including an appointment or finding described in subsection (1) of this section, may petition the magistrate division of the court that issued such order, or the magistrate division of the district court of the county where the individual resides, to remove the person’s firearms-related disabilities as provided in section 105(a) of P.L. 110-180. A copy of the petition for relief shall also be served on the director of the department of health and welfare and the prosecuting attorney of the county in which the original order, appointment or finding occurred, and such department and office may, as it deems appropriate, appear, support, object to and present evidence relevant to the relief sought by the petitioner. The court shall receive and consider evidence, including evidence offered by the petitioner, concerning:
    1. The circumstances of the original order, appointment or finding;
    2. The petitioner’s mental health and criminal history records, if any;
    3. The petitioner’s reputation; and
    4. Changes in the petitioner’s condition or circumstances relevant to the relief sought.
    The court shall grant the petition for relief if it finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief, and review on appeal shall be de novo. A person may file a petition for relief under this section no more than once every two (2) years.
  3. When a court issues an order granting a petition for relief under subsection (2) of this section, the clerk of the court shall immediately forward a copy of the order to the Idaho state police, which in turn shall immediately forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database.

History: [66-356, added 2010, ch. 267, sec. 1, p. 674.]

TITLE 67 - STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 30 - Criminal History Records And Crime Information

§67-3003 - Duties Of The Department
  1. The department shall establish a bureau of criminal identification to:
    1. Serve as the state's central repository of criminal history records;
    2. Conduct criminal background checks as authorized by law or rule and provide fingerprint identification services;
    3. Obtain and electronically file information relating to in-state stolen vehicles and in-state wanted persons;
    4. Establish and maintain an automated fingerprint identification system;
    5. Establish a uniform crime reporting system for the periodic collection and reporting of crimes, and compile and publish statistics and other information on the nature and extent of crime in the state;
    6. Maintain, pursuant to department rule, other identification information, which may include, but is not limited to, palm prints and photographs;
    7. Cooperate with other criminal justice agencies of the state, state and federal courts, the criminal records repositories of other states, the federal bureau of investigation criminal justice information services, the national law enforcement telecommunications system, and other appropriate agencies and systems, in the operation of an effective interstate and national system of criminal identification, records and statistics;
    8. Develop and implement a training program to assist criminal justice agencies with the recordkeeping and reporting requirements of this chapter; and
    9. Obtain and electronically transmit to the national instant criminal background check system (NICS), in accordance with federal law, information relating to eligibility to receive or possess a firearm pursuant to state or federal law. Upon notification to the department that the basis for which any such information previously transmitted to the NICS does not apply or no longer applies, the department shall, as soon as practicable, notify the NICS of such change and shall update, correct, modify or remove such information from the NICS database.
  2. In accordance with chapter 52, title 67, Idaho Code, the department may adopt rules necessary to implement the provisions of this chapter. Rules relating to information maintained and reported by the court shall be made after consultation with and approval by the Idaho supreme court.

History: [67-3003, added 1999, ch. 249, sec. 2, p. 640; am. 2010, ch. 267, sec. 2, p. 675.]

CHAPTER 42 - State Parks

§67-4223 - (2015) Powers Of Board

The park and recreation board shall:

  1. Adopt, amend or rescind rules as may be necessary for the proper administration of the provisions of sections 67-4218, et seq., Idaho Code, and the use and protection of park and recreational areas subject to its jurisdiction. A violation of any rule promulgated by the board pursuant to this provision that concerns the use and protection of park and recreation areas is an infraction.
  2. Make expenditures for the acquisition, leasing, care, control, supervision, improvement, development, extension and maintenance of all lands under the control of the department and to make arrangements, agreements, contracts or commitments, which may or may not involve expenditures or transfer of funds, with the head of any state institution, department or agency for the improvement or development of lands or properties under the control of the board, or any other department or agency of the state of Idaho.
  3. Appoint advisory, local and regional park and recreational councils, to consider, study and advise in the work of the department for the extension, development, use and maintenance of any areas which are to be considered as future park or recreational sites or which are designated as park recreational areas.
  4. Appoint a six (6) member recreational vehicle advisory committee, who shall be compensated as provided in section 59-509(f), Idaho Code, and act in an advisory capacity to the board on matters relating to the development and improvement of recreational vehicle related facilities and services as provided in subsection (5) of this section. Each member of the advisory committee shall be representative of recreational vehicle users with one (1) from each of the districts described in section 67-4221, Idaho Code. The terms of appointment shall be three (3) years, except that the initial appointees shall commence on the date of appointment and shall be of staggered lengths so that the term of two (2) members will expire annually.
  5. Administer the funds derived from the state recreational vehicle fund established in section 49-448, Idaho Code, to provide financial assistance in the form of grants to public entities for the acquisition, lease, development, improvement, operations and maintenance of facilities and services designed to promote the health, safety and enjoyment of recreational vehicle users. Up to fifteen percent (15%) of the recreational vehicle fund generated each year may be used by the department to defray recreational vehicle program administrative costs. Any moneys unused at the end of the fiscal year shall be returned to the state treasurer for deposit in the recreational vehicle fund.
  6. Cooperate with the United States and its agencies and local governments of the state for the purpose of acquiring, leasing, supervising, improving, developing, extending or maintaining lands which are designated as state parks, state monuments or state recreational areas and to secure agreements or contracts with the United States and its agencies or local governments of the state for the accomplishment of the purposes of sections 67-4218, et seq., Idaho Code.
  7. Construct, lease or otherwise establish public park or recreational privileges, facilities and conveniences and to operate said recreational services and to make and collect reasonable charges for their use or to enter into contracts for their operation. The board may discount fees in order to offer use incentives to generate additional revenue for operation of the state park system. The net proceeds derived shall be credited to the park and recreation fund established in section 67-4225, Idaho Code, and are hereby specifically appropriated to defray the cost of the public park or recreational services. The department is specifically authorized to enter into contracts with the United States and its agencies which require that the state expend any excess of revenue above expenses for improvements of the recreational or park area from which the excess was derived.
    1. The board may provide for waiver of fees to any resident of Idaho who is a disabled veteran and whose disability is rated at one hundred percent (100%) or higher, permanent and total.
    2. The board may provide for a reduction of no more than fifty percent (50%) of the fee charged for recreational vehicle camping, effective Monday night through Thursday night, for any senior citizen who possesses a valid federal "golden age passport" or other equivalent successor, as issued by a federally operated facility where an entrance fee is charged.
    3. If any state recognizes senior citizens by offering a special park pass for use in that state, the board may provide for a reduction of no more than fifty percent (50%) of the fee charged for recreational vehicle camping, effective Monday night through Thursday night, for any person who possesses such a state park pass.
  8. Prepare, maintain and keep up to date a comprehensive plan for the provision of the outdoor recreational resources of the state; to develop, operate and maintain or enter into leases or agreements with local governments for the operation and maintenance of outdoor recreational areas and facilities of the state, and to acquire lands, waters and interests in lands and waters for such areas and facilities.
  9. Apply to any appropriate agency or officer of the United States for participation by the department or a political subdivision of the state or the receipt of aid from any federal program respecting outdoor recreation. It may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial and other records relating thereto and furnish to appropriate officials and agencies of the United States reports and information as may be reasonably necessary to enable officials and agencies to perform their duties under such programs. In connection with obtaining the benefits of any program, the park and recreation board shall coordinate its activities with and represent the interests of all agencies and subdivisions of the state having interests in the planning, development and maintenance of outdoor recreational resources and facilities.
  10. Obligate the state regarding the responsible management of any federal funds transferred to it for the purpose of any federal enactment and, in accordance with the exercise of this responsibility, the state hereby consents to be sued in any United States district court for the recovery of any federal funds that the responsible federal official, department or agency finds have been misused or disposed of contrary to the agreement with the federal official, department or agency or contrary to the provisions of federal enactment or applicable federal regulations.
  11. Cooperate and contract with and receive and expend aid, donations and matching funds from the government of the United States, receive and expend funds from the STORE and to receive and expend donations from other sources to acquire, develop, operate and maintain outdoor recreational areas and facilities of the state and, when authorized or directed by any act of congress or any rule or regulation of any agency of the government of the United States, to expend funds donated or granted to the state of Idaho by the federal government for such purposes.

    Provided, however, the park and recreation board shall make no commitment or enter into any agreement pursuant to an exercise of authority under sections 67-4218, et seq., Idaho Code, until it has determined that sufficient funds are available to it for meeting the state's share, if any, of project costs. It is legislative intent that, to the extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under authority of sections 67-4218, et seq., Idaho Code, such areas and facilities shall be publicly maintained for outdoor recreational purposes. The park and recreation board may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal-aid funds or state funds on behalf of any subdivision or subdivisions of this state. Provided, that the subdivision or subdivisions give necessary assurances to the park and recreation board that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of the subdivision or subdivisions for public outdoor recreational use.

  12. Establish, develop, supervise and maintain through cooperative agreement, lease, purchase or other arrangement the Idaho recreation trail system, with the advice of the coordinator created in section 67-4233, Idaho Code, and consistent with the goals of recreation, transportation and public access to outdoor areas.
  13. Enter into agreements with cities, counties, recreation districts or other political subdivisions of the state to cost-effectively provide recreational facilities, opportunities and services to the citizens of the state.
  14. Have the authority to regulate firearm discharges in state parks for the protection of the public. However, this subsection (14) shall not apply to or affect a person discharging a firearm in the lawful defense of person, persons or property or to a person discharging a firearm in the course of lawful hunting. The possession or carrying of firearms is otherwise regulated by chapter 33, title 18, Idaho Code.
  15. Enter into agreements with private, nonprofit public benefit corporations and other persons, corporations and entities, as may be appropriate, to assist the department in its efforts to secure long-term funding sources for the state park and recreation system to ensure state parks are preserved and open for public use and enjoyment. Such agreements may include, but shall not be limited to, memberships, corporate and individual sponsorships, the sale of advertising, and marketing agreements to fund or promote, in whole or in part, state park and recreation events, programs and facilities. The board may encourage sponsorships by providing appropriate recognition to sponsors consistent with the mission of the department of parks and recreation as set forth in section 67-4219, Idaho Code. All revenue received from such agreements shall be deposited into the park and recreation fund pursuant to section 67-4225, Idaho Code.

History: [67-4223, added 1965, ch. 85, sec. 6, p. 139; am. 1972, ch. 65, sec. 6, p. 108; am. 1974, ch. 300, sec. 3, p. 1763; am. 1985, ch. 184, sec. 3, p. 471; am. 1988, ch. 253, sec. 5, p. 491; am. 1988, ch. 265, sec. 585, p. 879; am. 1993, ch. 286, sec. 3, p. 975; am. 1995, ch. 40, sec. 1, p. 59; am. 1995, ch. 332, sec. 2, p. 1106; am. 1998, ch. 361, sec. 1, p. 1131; am. 2001, ch. 43, sec. 1, p. 80; am. 2002, ch. 225, sec. 2, p. 648; am. 2005, ch. 201, sec. 1, p. 609; am. 2006, ch. 229, sec. 2, p. 683; am. 2009, ch. 58, sec. 1, p. 162; 2015, ch. 335, sec. 1.]