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EspañolWhat is the difference between federal and state gun laws? Why do I need to understand both?
In these pages, we refer to two types of gun laws:
- Federal gun laws are laws that apply to all U.S. states and territories.
- 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.
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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?
What is the definition of a felony under Idaho law?
Idaho law defines a felony as any crime that can be punished by death or by imprisonment in a state prison.1
1 ID Code § 18-111
What is a concealed weapon under Idaho law?
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)
I am a victim of domestic violence and the abuser has a gun. Is that illegal in Idaho?
There are different reasons why it might be illegal for the abuser to have a gun. You can click on the links below to learn more about each of these possible reasons.
It can be illegal under Idaho state law if:
- The abuser was convicted of a felony that makes it illegal to have a gun under Idaho law.1
- The abuser doesn’t qualify for a concealed weapons license under Idaho law but carries a concealed weapon anyway.2
It can be illegal under federal law if:
- You have a protection order that meets certain conditions or the abuser was convicted of any felony or a domestic violence misdemeanor, which makes it illegal to have a gun under federal law.3
- There is another reason why it’s illegal for the abuser to have a gun under federal law.4
1 ID Code § 18-310(2)
2 ID Code § 18-3302
3 18 USC § 922(g)(1), (g)(8), (g)(9)
4 18 USC § 922(g)(2)-(g)(7)
Is it illegal for the abuser to carry a concealed weapon in Idaho?
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
