T18CH33
Title 18 > T18CH33
Sections (44)
18-3301
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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3302. 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: (a) Concealed weapon means any deadly weapon carried on or about the person in a manner not discernible by ordinary observation; (b) Deadly weapon means: (i) Any dirk, dirk knife, bowie knife, dagger or firearm; (ii) 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 (iii) 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. (c) The term deadly weapon does not include: (i) Any knife, cleaver or other instrument that is intended by the person to be used in the processing, preparation or eating of food; (ii) Any knife with a blade six (6) inches or less; or (iii) Any taser, stun-gun, pepper spray or mace; (d) Firearm means any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; (e) Loaded means: (i) 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; (ii) 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: (a) In the person’s place of abode or fixed place of business; (b) On property in which the person has any ownership or leasehold interest; (c) On private property where the person has permission to carry concealed weapons from any person with an ownership or leasehold interest; (d) Outside the limits of or confines of any city, if the person is eighteen (18) years of age or older 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: (a) Any deadly weapon located in plain view; (b) Any lawfully possessed shotgun or rifle; (c) Any deadly weapon concealed in a motor vehicle; (d) A firearm that is not loaded and is secured in a case; (e) A firearm that is disassembled or permanently altered such that it is not readily operable; and (f) Any deadly weapon concealed by a person who: (i) Is over eighteen (18) years of age; (ii) Is a citizen of th
18-3302A
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3302B. 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, p. 189.]
18-3302C
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3302C. 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, 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)(g) of section 18-3302D , Idaho Code; provided that this subsection shall not apply to: (a) Peace officers while acting within the scope of their employment; (b) Security personnel while actually engaged in their employment; or (c) Any person who is authorized to carry a weapon by a person, board or other entity having authority over the building or facility; 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. 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; am. 2016, ch. 208, sec. 2, p. 591; am. 2018, ch. 195, sec. 2, p. 438.]
18-3302D
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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. 930; (b) Firearm means any firearm as defined in 18 U.S.C. 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 qualified retired law enforcement officer licensed under section 18-3302H , Idaho Code; (c) 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; (d) A person or persons complying with the provisions of section 19-202A , Idaho Code; (e) 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; (f) A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while
18-3302E
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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: (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. History: [18-3302E, added 1994, ch. 369, sec. 2, p. 1187.]
18-3302F
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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: (a) A sawed-off rifle or sawed-off shotgun; or (b) 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: (a) 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. (b) 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3302H. 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: (a) Firearm means a handgun and does not include: (i) Any machine gun, as defined in 26 U.S.C. section 5845(b); (ii) Any firearm silencer, as defined in 18 U.S.C. section 921; or (iii) Any destructive device, as defined in 18 U.S.C. section 921. (b) Qualified retired law enforcement officer means an individual who: (i) 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; (ii) 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; (iii) Before such retirement, was regularly employed as a law enforcement officer for an aggregate of ten (10) 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; (iv) Has a nonforfeitable right to benefits under the retirement plan of the agency; (v) 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; (vi) 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; (vii) Is not prohibited by federal law from receiving a firearm; (viii) Has a current and valid photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; (ix) 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); (x) Pays the fees charged by the sheriff pursuant to this section; and (xi) Completes the original application or renewal application as provided by this section. (c) 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. (d) 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
18-3302I
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3302I. Threatening violence upon school grounds — firearms and other deadly or dangerous weapons. (1) (a) Any person, including a student, who willfully threatens by word, electronic means or act to use a firearm or other deadly or dangerous weapon to do violence to any person on school grounds or to disrupt the normal operations of an educational institution by making a threat of violence is guilty of a misdemeanor. (b) Any person, including a student, who knowingly has in his possession a firearm or other deadly or dangerous weapon, or who makes, alters or repairs any firearm or other deadly or dangerous weapon, in the furtherance of carrying out a threat made by word, electronic means or act to do violence to any person on school grounds or to disrupt the normal operations of an educational institution by making a threat of violence is guilty of a felony. (2) Definitions. As used in this section: (a) 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; (b) On school grounds means in or on property owned or operated by a school district, public charter school or private school. History: [18-3302I, added 2006, ch. 303, sec. 1, p. 936; am. 2015, ch. 303, sec. 3, p. 1194; am. 2018, ch. 240, sec. 1, p. 562.]
18-3302J
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3302J. 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: (a) A person discharging a firearm in the lawful defense of person or persons or property; (b) A person discharging a firearm in the course of lawful hunting; (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property; (d) A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604 , Idaho Code; or (e) 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: (a) A person discharging a firearm in the lawful defense of person or persons or property; or (b) 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: (a) 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 (b) 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, p. 189.]
18-3302K
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3302K. 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: (a) 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; (b) 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 (c) 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 she
18-3303
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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 (5.00). History: [18-3304, added 1972, ch. 336, sec. 1, p. 911; am. 2006, ch. 71, sec. 9, p. 219.]
18-3305
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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 (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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3309. 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 career 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 possession, carrying or transporting of firearms or ammunition by persons licensed under section 18-3302H or 18-3302K , Idaho Code. (a) However, a person issued a license under the provisions of section 18-3302K , Idaho Code, shall not carry a concealed weapon: (i) Within a student dormitory or residence hall; or (ii) 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. (b) As used in this section: (i) Public entertainment facility means an arena, stadium, amphitheater, auditorium, theater or similar facility with a seating 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 career 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. (ii) 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 career 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. (c) The provisions of subsection (2)(a) of this section shall not apply to the following persons: (i) A person or persons complying with the provisions of section 19-202A , Idaho Code; (ii) A person or an employee who is authorized to carry a firearm by the university or college boa
18-3310
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3313. False reports of explosives in public or private places a felony — Penalty. Any person who reports, or causes any report to be made, 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, employee of a telephone company, occupants of a building, employee of a school district, or 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; am. 2025, ch. 32, sec. 2, p. 168.]
18-3313A
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3313A. FALSE REPORTS OF VIOLENCE OR EMERGENCY IN PUBLIC OR PRIVATE PLACES — PENALTY. (1) Excluding explosives as set forth in section 18-3313 , Idaho Code, any person who reports, or causes any report to be made, to any police officer, sheriff, employee of a police department or sheriff’s office, employee of a 911 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, employee of a telephone company, occupants of a building, employee of a school district, or news reporter in the employ of a newspaper or radio or television station that an emergency exists in a public or private place, knowing that the report is false, is guilty of a misdemeanor and shall be sentenced to a term of imprisonment not to exceed one (1) year or a fine of no more than five thousand dollars (25,000), or both, if: (a) The damages caused by a violation of this section exceed one thousand dollars (25,000) if a violation of this section results in the death of any person. (4) For purposes of this section, private place or private places shall include but are not limited to: (a) Habitation, including but not limited to any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, including a tent, and is designed to be occupied by people lodging at night, and includes a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest, and includes the curtilage of any such dwelling; (b) A place of business or employment, including but not limited to a commercial enterprise or establishment owned by a person as all or part of the person’s livelihood or that is under the owner’s control or under control of an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the place of business or employment; (c) A vehicle, including but not limited to any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property; and (d) Any other pla
18-3314
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3315A. Prohibition of federal regulation of certain firEarms. (1) As used in this section: (a) Borders of Idaho means the boundaries of Idaho described in chapter 1, title 31 , Idaho Code. (b) 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. (c) Generic and insignificant parts includes, but is not limited to, springs, screws, nuts and pins. (d) 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: (a) A firearm that cannot be carried and used by one (1) person; (b) A firea
18-3315B
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3315B. PROHIBITION OF REGULATION OF CERTAIN FIREARMS. (1) Other than compliance with an order of the court, any official, agent, or employee of an Idaho government entity who knowingly and willfully orders an official, agent, or employee of an Idaho government entity to enforce any executive order, agency order, treaty, law, rule, or regulation of the United States government as provided in subsection (2) of this section upon a firearm, a firearm accessory, firearm component, 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 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, treaty, law, statute, rule, or regulation issued, enacted, or promulgated on or after the effective date of this act will be knowingly and willfully ordered to be enforced by any official, agent, or employee of an Idaho government entity if contrary to the provisions of section 11, article I of the constitution of the state of Idaho. (3) Enforcement, enforce, or enforced 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. (4) All Idaho government entities are prohibited from using any personnel, funds, or other resources to enforce, administer, or support the enforcement of any executive order, agency order, treaty, law, rule, or regulation of the United States government enacted or promulgated on or after the effective date of this act upon a firearm, firearm component, firearm accessory, or ammunition if contrary to the provisions of section 11, article I of the constitution of the state of Idaho. (5) The provisions of this section may be enforced by the Idaho attorney general. The legislature of the state of Idaho may bring legal action for declaratory or injunctive relief to ensure compliance with the provisions of this section. The prevailing party in any such action may recover reasonable
18-3316
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3316. 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; am. 2015, ch. 303, sec. 6, p. 1198.]
18-3317
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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: (a) Any explosive, incendiary or poisonous gas: (i) Bomb; (ii) Grenade; (iii) Rocket having a propellant charge of more than four (4) ounces; (iv) Missile having an explosive or incendiary charge of more than one-fourth (1/4) ounce; (v) Mine; (vi) Similar device. (b) 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. (c) 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. (d) The term destructive device shall not include: (i) Any device which is neither designed nor redesigned for use as a weapon; (ii) 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; (iii) Otherwise lawfully owned surplus military ordnance; (iv) Antiques or reproductions thereof and rifles held for sporting, recreational, investment or display purposes; (v) Rifle, pistol or shotgun ammunition and their components. (3) Hoax destructive device means any object that: (a) 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 (b) 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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. (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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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: (a) Possessing, manufacturing, selling, giving, mailing, sending or causing to be sent to another person a hoax destructive device; or (b) Placing or causing to be placed a hoax destructive device at any location; or (c) 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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: (a) Any bomb or destructive device, as those terms are defined in section 18-3318 , Idaho Code; (b) 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; (c) Any weapon involving a disease organism; or (d) 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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: (a) The conduct prohibited under this section; (b) The preparation, solicitation, attempt, threat or conspiracy to engage in conduct prohibited under this section; or (c) 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: (a) 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: (i) Death, disease or other biological malfunction in any animal, including humans, or any plant or other living organism; (ii) Deterioration of food, water, equipment, supplies or material of any kind; or (iii) Deleterious alteration of the environment; (b) 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: (i) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced from a living organism; or (ii) Any poisonous isomer or biological product, homologue, or derivative of such substance; (c) Delivery system means any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin or vector; (d) 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
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 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: (a) Develop, produce or otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, use or threaten to use any chemical weapon; or (b) 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: (a) 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 (b) 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 (c) To an otherwise nonculpable person in an emergency situation if such person is attempting to seize or destroy the weapon. (3) (a) 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 (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. (c) 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. (d) 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. (4) 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. (5) As used in this section: (a) Chemical weapon means the following, together or separately: (i) 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; (ii) A munition or device that
18-3325
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3325. Prohibition — Possession — Use of conducted energy device — Penalties. (1) It shall be a misdemeanor to possess a conducted energy device by: (a) Any person found guilty of a felony who is not finally discharged from a sentence of imprisonment, probation or parole; or (b) 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.]
18-3326
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3326. second amendment financial privacy act — Legislative intent. (1) The legislature finds that: (a) The second amendment to the United States constitution guarantees the people the right to keep and bear arms; (b) Section 11, article I of the constitution of the state of Idaho provides that the people have the right to keep and bear arms, which right shall not be abridged;… No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition ; (c) In September 2022, the world’s three (3) largest payment card networks publicly announced they would assign a unique merchant category code to firearm retailers accepting payment cards for purchases, after twenty-eight (28) members of congress sent a public letter to networks, pressuring them to adopt the new code; (d) In the letter to payment card networks, federal lawmakers stated that the new merchant category code for firearms retailers would be the first step towards facilitating the collection of valuable financial data that could help law enforcement in countering the financing of terrorism efforts, expressing a clear government expectation that networks will utilize the new merchant category code to conduct mass surveillance of constitutionally protected firearms and ammunition purchases in cooperation with law enforcement; (e) The new merchant category code will allow payment card networks, acquirers, and other entities involved in payment card processing to identify and separately track lawful payment card purchases at firearms retailers in Idaho, paving the way for both unprecedented surveillance of second amendment activity and unprecedented information sharing between payment networks and the government; and (f) This potential for cooperative surveillance and tracking of lawful firearm and ammunition purchases will have a significant chilling effect on citizens wishing to exercise their federal and state constitutional rights to keep and bear arms in Idaho. (2) Based on the findings described in subsection (1) of this section, it is the intent of the legislature to prohibit the misuse of payment card processing systems to surveil, report, or otherwise discourage constitutionally protected firearm, firearm accessories or components, and ammunition purchases and sales within Idaho’s jurisdiction. (3) This section and section 18-3326A , Idaho Code, shall be construed as generally applicable consumer financial protection law and shall not prevent or significantly interfere with the duly authorized powers of any bank or directly or indirectly discriminate against any bank based on its charter or structure. This section and section 18-3326A , Idaho Code, shall not apply to any financial institution as defined in section 18-3326A , Idaho Code, or any person, company, entity, or organization regulated by the Idaho department of finance or otherwise subje
18-3326A
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3326A. second amendment financial privacy act. (1) For purposes of this section: (a) Ammunition means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm; (b) Assign or assignment means a payment network’s policy, process, or practice that labels, links, or otherwise associates a firearms code with a merchant or payment card transaction in a manner that allows the payment network or any other entity facilitating or processing the payment card transaction to identify whether a merchant is a firearms retailer or whether a transaction involves the sale of firearms or ammunition; (c) Customer means any person engaged in a payment card transaction that a financial institution facilitates or processes and any person or the person’s duly authorized representative who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary in relation to an account maintained in such person’s name; (d) Disclosure means the transfer, publication, or distribution of protected financial information to another person for any purpose other than to process or facilitate a payment card transaction; (e) Financial institution means: (i) A bank, savings and loan association, trust company, or credit union chartered pursuant to any state or federal law, a regulated consumer lender, a money service business, payment card issuer, or other institutions that are by law under the jurisdiction and supervision of the department of finance or the federal deposit insurance corporation; and (ii) An entity involved in facilitating or processing a payment card transaction, including but not limited to a bank, acquirer, gateway, payment card network, or payment card issuer; (f) Financial record means: (i) The original or a copy of any record or document held by a payment network pertaining to a customer of a financial institution utilizing the payment network, including any record of a transaction conducted by means of a customer bank communication terminal or other electronic device; (ii) A financial record held by a payment network related to a payment card transaction that the financial institution has processed or facilitated; and (iii) Any information derived from such records or documents; (g) Firearm means any weapon that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; (h) Firearm accessory or component means: (i) Any device specifically adapted to enable the wearing or carrying about one’s person or the storage or mounting in or on any conveyance of a firearm and any attachment or device specifically adapted to be inserted into or affixed onto any firearm to enable, alter, or improve the functioning or capabilities of the firearm; (ii) Any item that is used in conjunction with or mounted upon a firearm, inclu
18-3327
TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 33 FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS 18-3327. Consistency in Knife regulation. (1) Except as provided in sections 18-3302 and 18-3302A , Idaho Code, a city, county, or other political subdivision of this state shall not enact any ordinance, rule, or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of a knife or knife making components in this state. (2) Notwithstanding the provisions of subsection (1) of this section, the following entities may regulate the possession of a knife: (a) Public schools, including public charter schools; (b) Any court of record for any courthouse; (c) All law enforcement facilities; (d) All places of involuntary confinement, including: (i) Prisons and jails established pursuant to title 20 , Idaho Code; and (ii) Entities managed and operated pursuant to section 56-203 , Idaho Code; and (e) A city, county, or other political subdivision of the state in order to regulate child care facility safety standards. (3) A city, county, or other political subdivision of this state shall not enact any rule or ordinance relating to the manufacture of a knife that is more restrictive than any rule or ordinance relating to the manufacture of any other commercial goods. (4) Except as provided in sections 18-3302 and 18-3302A , Idaho Code, any rule or ordinance of a city, county, or political subdivision of this state that contradicts the provisions of this section shall be null, void, and of no force and effect. History: [18-3327, added 2024, ch. 221, sec. 1, p. 777.]