Idaho Code
Chapter 33 - FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS
Section 18-3302J - PREEMPTION OF FIREARMS REGULATION.

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.]

Structure Idaho Code

Idaho Code

Title 18 - CRIMES AND PUNISHMENTS

Chapter 33 - FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS

Section 18-3301 - DEADLY WEAPON — POSSESSION WITH INTENT TO ASSAULT.

Section 18-3302 - CONCEALED WEAPONS.

Section 18-3302A - SALE OF WEAPONS TO MINORS.

Section 18-3302B - CARRYING CONCEALED WEAPONS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

Section 18-3302C - PROHIBITED CONDUCT.

Section 18-3302D - POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY.

Section 18-3302E - POSSESSION OF A WEAPON BY A MINOR.

Section 18-3302F - PROHIBITION OF POSSESSION OF CERTAIN WEAPONS BY A MINOR.

Section 18-3302G - EXCEPTIONS.

Section 18-3302H - CARRYING OF CONCEALED FIREARMS BY QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS.

Section 18-3302I - THREATENING VIOLENCE UPON SCHOOL GROUNDS — FIREARMS AND OTHER DEADLY OR DANGEROUS WEAPONS.

Section 18-3302J - PREEMPTION OF FIREARMS REGULATION.

Section 18-3302K - ISSUANCE OF ENHANCED LICENSES TO CARRY CONCEALED WEAPONS.

Section 18-3303 - EXHIBITION OR USE OF DEADLY WEAPON.

Section 18-3304 - AIMING FIREARMS AT OTHERS.

Section 18-3305 - DISCHARGE OF ARMS AIMED AT ANOTHER.

Section 18-3306 - INJURING ANOTHER BY DISCHARGE OF AIMED FIREARMS.

Section 18-3307 - CIVIL LIABILITY FOR INJURY BY FIREARM.

Section 18-3308 - SELLING EXPLOSIVES, AMMUNITION OR FIREARMS TO MINORS.

Section 18-3309 - AUTHORITY OF GOVERNING BOARDS OF PUBLIC COLLEGES AND UNIVERSITIES REGARDING FIREARMS.

Section 18-3310 - SHIPPING LOADED FIREARMS.

Section 18-3311 - KEEPING GUNPOWDER OR OTHER EXPLOSIVES IN TOWNS.

Section 18-3312 - INJURING ANOTHER BY CARELESS HANDLING AND DISCHARGE OF FIREARMS.

Section 18-3313 - FALSE REPORTS OF EXPLOSIVES IN PUBLIC OR PRIVATE PLACES A FELONY — PENALTY.

Section 18-3314 - RESIDENT’S PURCHASE OF FIREARM OUT-OF-STATE.

Section 18-3315 - NONRESIDENT — PURCHASE OF FIREARM IN IDAHO.

Section 18-3315A - PROHIBITION OF FEDERAL REGULATION OF CERTAIN FIREARMS.

Section 18-3315B - PROHIBITION OF REGULATION OF CERTAIN FIREARMS.

Section 18-3316 - UNLAWFUL POSSESSION OF A FIREARM.

Section 18-3317 - UNLAWFUL DISCHARGE OF A FIREARM AT A DWELLING HOUSE, OCCUPIED BUILDING, VEHICLE OR MOBILE HOME.

Section 18-3318 - DEFINITIONS.

Section 18-3319 - UNLAWFUL POSSESSION OF BOMBS OR DESTRUCTIVE DEVICES.

Section 18-3319A - UNLAWFUL ACTS — HOAX DESTRUCTIVE DEVICE.

Section 18-3320 - UNLAWFUL USE OF DESTRUCTIVE DEVICE OR BOMB.

Section 18-3320A - DISPOSAL OF DESTRUCTIVE DEVICES OR BOMBS.

Section 18-3321 - PERSONS EXEMPT.

Section 18-3322 - USE OF WEAPONS OF MASS DESTRUCTION — DEFINITION.

Section 18-3323 - BIOLOGICAL WEAPONS — DEFINITIONS.

Section 18-3324 - USE OF CHEMICAL WEAPONS — DEFINITIONS.

Section 18-3325 - PROHIBITION — POSSESSION — USE OF CONDUCTED ENERGY DEVICE — PENALTIES.