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The State of Idaho allows citizens to openly carry a weapon, but they must have a valid permit to carry it concealed. The county sheriff shall issue a concealed weapons license to qualified applicants within 90 days after the application has been filed. All licenses are valid for a period of 5 years, and individuals must complete a firearms safety course. Idaho even allows citizens to own a machine gun as long as they comply with all federal laws.
Idaho residents are not required to obtain a permit to purchase rifles, handguns or shotguns, and weapons do not need to be registered. Anyone who wants to carry a concealed weapon must be able to pass a National Instant Criminal Background System (NICS) check by the FBI. A concealed carry permit is not needed outside the city limits, but there are several places an individual cannot carry a concealed weapon even if she has a valid license, including these:
It is illegal for anyone to carry a concealed weapon while intoxicated.
Concealed weapons include any dirk knife (short dagger), bowie knife, pistol or any other type of deadly weapon. Anyone who unlawfully carries a concealed weapon will be charged with the following:
Type of Crime | Description of the Offense | Jail Time & Amount of Fine |
Class A Misdemeanor Offense | Carrying a concealed weapon without a valid permit
Carrying a concealed weapon while intoxicated
Carrying a concealed weapon into a prohibited area, such as a school | Up to 1 year in county jail
A fine of up to $4,000 |
A defendant has the right to enter a plea of not guilty when being charged with a crime. A trial date will be set to hear the case before a judge or a jury of six people. If the defendant chooses to plead guilty, the judge may impose a sentence immediately or at a later date. An individual charged with a misdemeanor offense does not qualify for a court-appointed attorney. Idaho allows criminal defendants to directly address the court, and they can provide evidence, call witnesses and argue what the appropriate sentence should be. First-time offenders may be given probation that will be supervised by the court. The judge may require them to complete counseling or community service or submit to random urinalysis tests.
While a misdemeanor charge may not be as serious as a felony offense, it will still leave the person with a criminal record. Idaho allows for reciprocity if an individual from another state has a valid concealed weapons permit. However, he or she is required to carry the permit on his or her person at all times. If you had a valid concealed weapons license but failed to have the permit on you at the time of your arrest, a skilled defense attorney may be able to get the charges reduced.
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Arrests: Your Rights and the Law
After You're Arrested: Booking, Bail, and O.R.
Suspect to Defendant: Facing Criminal Charges
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