In these pages, we refer to two types of gun laws:

1. Federal gun laws are laws that apply to all U.S. states and territories.
2. State gun laws are specific to each state or territory. 

The major differences between the two types of laws are:

• who makes the law;
• who prosecutes someone who breaks the law; and
• what the punishment is for breaking the law.

It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, read our Federal Gun Laws pages to see if any federal laws also apply to your situation. 

If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law or if it’s a state or federal law. However, you should know that the local police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The federal law enforcement agency that handles gun issues is the Bureau of Alcohol, Tobacco, and Firearms (“ATF”). If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.

If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. To learn how, go to If I think the abuser has a gun illegally, who do I report it to?

Under Idaho law, a “concealed weapon” is a weapon that a person carries in a hidden way so that it can’t be seen just by looking (“not discernable by ordinary observation”).¹ A concealed weapon could be:

• a gun;
• certain types of knives; or
• another weapon that could cause death or serious bodily injury.²  

¹ ID Code § 18-3302(2)(a)
² ID Code § 18-3302(2)(b)

Under Idaho law, most adults can legally carry a concealed weapon, whether or not they have a license.

However, anyone who is in one or more of the categories listed below is disqualified from getting a concealed weapons license in Idaho:

• people under age 21, although there are some exceptions for young adults ages 18 – 21;
• domestic violence abusers who have a protection order against them that orders them:
  • not to harass, stalk, or threaten an intimate partner, the abuser’s child, or the partner’s child; or
  • not to engage in other conduct that would make an intimate partner reasonably fear bodily injury to the partner or a child;
• criminal defendants who:
  • are currently charged with a felony;
  • were convicted of a felony;
  • received a withheld judgment or suspended sentence for a felony unless they completed probation;
  • are currently on probation after being convicted of or receiving a withheld judgment for a misdemeanor that involved the intentional use of physical force, or the attempted or threatened use of physical force, against another person or his/his property;
  • are free on bond or personal recognizance pending trial, appeal, or sentencing for a crime that would disqualify them from obtaining a concealed weapons license;
• fugitives from justice;
• unlawful drug users, including people who use marijuana or any depressant, stimulant, or narcotic drug, or another controlled substance;
• people who are, or were declared by a judge to be:
  • lacking mental capacity to stand trial;
  • mentally ill;
  • gravely disabled; or
  • incapacitated;
• people who received a dishonorable discharge from the armed forces;
• undocumented immigrants (“aliens”) who are illegally in the United States;
• former United States citizens who renounced their citizenship; or
• people who can’t legally own, possess, or receive a firearm under Idaho law or federal law for any other reason.²

Keep in mind that these categories only apply to concealed weapons. They don’t apply to guns that are carried in plain view or guns that people have in their own homes or workplaces.³ However, if the abuser was convicted of a specific felony in Idaho, or if the Federal Gun Laws apply, then it might be illegal for the abuser to have any guns.⁴   

¹ ID Code § 18-3302(4)(f)
² ID Code § 18-3302(11)
³ ID Code § 18-3302(3), (25)
⁴ ID Code § 18-310(2); 18 USC § 922

Under Idaho law, if you have a protection order against the abuser, s/he is disqualified from getting a license to carry a concealed weapon. However, for this law to apply, your protection order must specifically state that the abuser cannot:

• harass, stalk, or threaten you, your child, or his/her child; or
• engage in other conduct that would make you reasonably fear bodily injury to you or a child.¹

Also, under federal law, which applies to all states and territories, it is illegal for the abuser to have any gun as long as your protection order meets certain conditions. The federal law may apply even if your protection order does not specifically include a term that prohibits guns. You can read more about this in the Guns and Orders of Protection section on our Federal Gun Laws page.

¹ ID Code § 18-3302(11)(m)

To possibly increase the chances that the abuser’s guns will be taken away when you get a protection order in Idaho, here are some steps you can take:

• Tell the judge everything you know about the abuser’s guns. Describe how many guns s/he has, what types they are, and where they are kept.
• Tell the judge if the abuser has ever threatened you with a gun.
• Ask the judge to include in your protection order that the abuser cannot own, buy, or have a gun while the order is active. However, this may not be something the judge will do under Idaho’s laws.

If the judge agrees to write in the order that the abuser cannot have a gun, you can also ask the judge to:

• Require the abuser to hand over any guns to the police, or give the police the power to go to the abuser’s home and take the guns;
• Clearly state how long the guns will be kept away from the abuser; and
• Order that the police tell you when the guns are returned to the abuser.

Idaho law says that people convicted of any of these felony crimes permanently lose their right to have a gun:

1. aggravated assault;
2. aggravated battery;
3. assault with intent to commit a serious felony;
4. battery with intent to commit a serious felony;
5. burglary;
6. felony domestic battery;
7. felony enticing of children;
8. forcible sexual penetration by use of a foreign object;
9. felony indecent exposure;
10. felony injury to child;
11. felony intimidating a witness;
12. lewd conduct with a minor or child under sixteen;
13. sexual abuse of a child under sixteen;
14. sexual exploitation of a child;
15. felonious rescuing prisoners;
16. escape by one charged with, convicted of or on probation for a felony;
17. unlawful possession of a firearm;
18. degrees of murder;
19. voluntary manslaughter;
20. assault with intent to murder;
21. administering poison with intent to kill;
22. kidnapping;
23. mayhem;
24. rape;
25. robbery;
26. ritualized abuse of a child;
27. cannibalism;
28. felonious manufacture, delivery or possession with the intent to manufacture or deliver, or possession of a controlled or counterfeit substance;
29. trafficking;
30. felony threats against state officials of the executive, legislative, or judicial branches;
31. unlawful discharge of a firearm at a dwelling house, occupied building, vehicle, or mobile home;
32. unlawful possession of destructive devices;
33. unlawful use of destructive device or bomb; or
34. attempt, conspiracy, or solicitation, to commit any of the crimes mentioned.¹

¹ ID Code § 18-310(2)

Whether the abuser can legally have a gun depends on:

• which crime s/he was convicted of; and
• which state and federal laws apply.

Under Idaho law, people convicted of some felony crimes permanently lose their right to have all types of guns.¹ To see which felonies are included, go to The abuser was convicted of a felony. Can s/he have a gun in Idaho?

Also, certain criminal convictions can affect someone’s right to carry a concealed weapon. People are disqualified from getting a concealed weapons license in Idaho if they:

• were convicted of any felony; or
• are currently on probation after being convicted of a misdemeanor that involved the intentional use of physical force, or the attempted or threatened use of physical force, against another person or his/her property.²

Also, there are other reasons someone might be forbidden from carrying a concealed weapon. To see these reasons, go to Is it illegal for the abuser to carry a concealed weapon in Idaho?

Federal gun laws apply to all states and territories. In addition, under federal law, people convicted of a felony or a domestic violence misdemeanor cannot legally have guns. However, there are certain exceptions to this. To learn more, see our page on Federal Gun Laws.

¹ ID Code § 18-3302(11)
² ID Code § 18-310(2)

Buying a gun from a licensed gun seller

Someone who wants to buy a gun from a licensed gun seller, also known as a firearms dealer, must first pass a criminal background check. This background check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to instantly check whether the person can legally buy, have, and transport guns or explosives.¹ 

If the abuser was convicted of a felony or domestic violence misdemeanor in any state or territory, or if s/he has a qualifying protection order against him/her, those records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This makes it more difficult to do a complete criminal background check. Sometimes criminals and abusers might slip through the system.

Buying a gun from a private seller or online

Someone who wants to buy a gun from a private seller or online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.

Note: Just because someone was able to buy a gun, this doesn’t always mean it is legal for him/her to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. You can ask them to take the abuser’s gun away. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for a restraining order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan. 

¹ National Criminal Justice Reference Service website

Even if you don’t have a protection order against the abuser and s/he hasn’t been convicted of a crime, there are other reasons s/he might be forbidden from carrying a concealed weapon under Idaho law. To see these reasons, go to Is it illegal for the abuser to carry a concealed weapon in Idaho? For additional information on Idaho gun laws, you can go to the Giffords Law Center website.

There are also federal gun laws, which apply to all states and territories. These laws might forbid the abuser from having a gun for other reasons. Go to Federal Gun Laws to get more information.

¹ ID Code § 18-3302(11)

Gun laws can be confusing! Here are a few places you can contact to get help understanding the law and your rights:

• WomensLaw Email Hotline – write in to ask us questions.
• Local domestic violence organizations - see our Idaho Advocates and Shelters page to find organizations in your area.
• National Center on Protection Orders and Full Faith & Credit – for more information on federal gun laws and how they may apply to you, call 1-800-903-0111 x 2.