Title 18 — CRIMES AND PUNISHMENTS

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.

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…

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 g…

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 th…

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; juveni…

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 structur…

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 t…

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 no…

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 targe…

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…

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…

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 constitut…

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 st…

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 …

18-3304. Aiming firearms at others. Any person who shall intentionally, without malice, point or aim any firearm at or toward any other person shall be guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars ($1,000) and not less than five dol…

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 thousan…

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…

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 fo…

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 she…

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 o…

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 …

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…

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 inju…

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 …

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 o…

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…

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,…

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 upo…

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 enforc…

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 t…

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 mo…

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 …

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 t…

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…

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 pe…

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 destructio…

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…

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 an…

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 doi…

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…

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…

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 Id…

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…

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, tran…