updated March 14, 2010
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.
Idaho - 18-3302... (7) Except in the personÕs place of abode or
fixed place of business, or on property in which the person has
any ownership or leasehold interest, a person shall not carry a
concealed weapon without a license to carry a concealed weapon.
For the purposes of this section, a concealed weapon means any
dirk, dirk knife, bowie knife, dagger, pistol, revolver, or any other
deadly or dangerous weapon. The provisions of this section shall
not apply to any lawfully possessed shotgun or rifle.
CAUTION: Federal law and state law on the possession of weapons and
firearms differ... A state permit is not a defense to a federal prosecution.
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.
18-3302B.Carrying concealed weapons under the influence of alcohol
or drugs. 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.
18-3302C.Prohibited conduct. Any person obtaining a license under the
provisions of section 18-3302, Idaho Code, shall 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; or
(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.
18-3302D.Possessing weapons or firearms on school property.
(1) (a) 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.
(b) 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.
(2) Definitions. As used in this section:
(a) "Deadly or dangerous weapon" means any weapon as defined in 18 U.S.C. section 930;
(b) "Firearm" means any firearm as defined in 18 U.S.C. section 921;
(c) "Minor" means a person under the age of eighteen (18) years;
(d) "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;
(e) "School" means a private or public elementary or secondary school.
(3) 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.
(4) The provisions of this section shall not apply to the following persons:
(a) A peace officer;
(b) 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;
(c) A person or persons complying with the provisions of section 19-202A, Idaho Code;
(d) 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;
(e) 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;
(f) 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.
(5) 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.
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,
(a) Has the written permission of his parent or guardian to possess the weapon; or
(b) 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.
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.
* * * * *
OBSOLETE c1995 ORDINANCES:
Idaho - 18-3301. "Every person having upon him any deadly
weapon with intent to assault another is guilty of a
- 18-3302. "If any person, excepting [officials] shall
carry concealed upon or about his person any dirk, dirk
knife, bowie knife, dagger... or any other deadly or
dangerous weapon within the limits or confines of any
city, town or village, or in any public assembly, or in
any mining, lumbering, logging, railroad or other
construction camp, public conveyances or on public
highways within the state of Idaho, or shall, in the
presence of one or more persons, exhibit any deadly or
dangerous weapon in a rude, angry or threatening manner,
or shall have or carry such weapons upon or about his
person when intoxicated... or shall [transfer] to any
minor under the age of sixteen years any such weapon
without the consent of the parent... shall be [fined or
imprisoned]; provided, however, that any person shall be
allowed to carry any of the above weapons in the places
mentioned above on securing a permit from the sheriff of
Idaho Case Law:
- "The right to bear arms may not be denied by the
legislature; it only has the power to 'regulate the
exercise of this right'; that is, among other things, it
may prohibit carrying concealed weapons, or prescribe the
kind or character of arms that may or may not be kept,
carried, or used, and various other things of a regulatory
- "The right to prohibit carrying of concealed weapons falls
within the police power of a municipality and an ordinance
enforcing same is constitutional." (1945)
- "Instruction [to jury] as to right to bear arms not in
harmony with this section was properly refused." (1932)