February 24, 2024

However, these devices have a good track record in the hands of law enforcement, and are one of the few tools that can decisively stop an attacker with a low likelihood of inflicting permanent injury.

flag of Idaho

Despite this, some governments have seen fit to outlaw or heavily restrict tasers. What about Idaho? Are tasers legal in Idaho?

Yes, tasers are completely legal in Idaho for civilian usage. They’re easy to get and can be carried openly or concealed with no additional training or permit required.

For some folks, tasers are a great choice, giving you more range and decisiveness than pepper spray, but lacking the life-changing power of a gun or knife.

For some folks, they are just right! But, as friendly as Idaho is when it comes to the civilian possession of tasers, there are still plenty of laws you’ll need to know about. I’ll tell you what they are down below…

How are Tasers Classified in Idaho?

Tasers are categorized as conducted energy devices by the state of Idaho, although it might be more accurate to say they are generally categorized and something other than a “deadly weapon,” and accordingly they do not fall under the state’s definition of “concealed weapon.”

Taken from 18-3325, a “conducted energy device” is defined as “any item that emits an electrical current, impulse or wave which is designed to incapacitate, injure or kill.”

Tasers and stun guns are certainly designed to incapacitate, they might cause injury and it isn’t out of the question that death could result even when they are used as designed and intended. Accordingly, tasers fall under this definition…

See the relevant and exact text taken from 18-3325 and 18-3302 below.

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

(1) It shall be a misdemeanor to possess a conducted energy device by:

(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.

Section 18-3302 – CONCEALED WEAPONS.

(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;

Are Stun Guns Legal in Idaho?

Yes, stun guns are completely legal in Idaho just like tasers. Although these two devices are definitely different when it comes to their design specifications and how they work, Idaho basically considers them the same type of tool, and they’re both subject to the same laws.

For clarity, stun guns are electrical weapons designed to administer a shock when the electrodes at the front of the device are touched to the target when it is activated. Tasers do the same thing, but fire the electrodes in the form of darts or probes that lodge in the target, to which the current flows from wires trailing back to the launcher.

Can You Carry a Taser Openly in Idaho?

Yes, you can, as long as you aren’t prohibited from possessing one and you are only carrying it for a legal, lawful purpose of self-defense.

Can You Carry a Taser Concealed in Idaho?

Yes, you can carry a taser concealed in Idaho. You don’t need a permit to carry a taser because they aren’t considered “deadly weapons” and so don’t fall under the definition of “concealed weapon” in the context of the state statutes.

However, you may still only carry one for lawful self-defense purposes…

Are there Age Restrictions on Taser Ownership or Possession in Idaho?

Yes, there is. 18 years old. You have got to be 18 or older in order to buy or own a taser or stun gun in Idaho.

What Do You Need to Do to Purchase a Taser in Idaho?

Tasers and stun guns are freely available in Idaho from retailers and dealers where such devices are sold. Check your local gun shops and sporting goods stores for help.

You can buy a taser or a stun gun as long as you are at least 18 and don’t have any felonies on your background, or if you do have felonies on your background you have completed your parole or probation requirements.

Also, you are not allowed to purchase or be in possession of a taser or stun gun if you intend to use it for any unlawful purpose.

Lastly, make sure you check all the relevant local laws where you live, work and travel because they might be more stringent than the state level laws.

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.

Is Training Mandatory for Taser Ownership in Idaho?

No. You do not have to complete any mandatory training or obtain any sort of permit in order to purchase or carry a taser for self-defense in Idaho.

Where Can You Carry a Taser in Idaho?

You can carry a taser pretty much wherever you want in Idaho as long as you aren’t going into any government buildings, offices, installations or property, or taking it into the secured area of an airport or any correctional facilities or police departments. You also can’t take it into any courthouses.

The big one, for most of us, is that you cannot carry a taser or stun gun into a school or on to school property, with the exception being if you are keeping it in your vehicle or on your person in your vehicle while picking up your child from school.

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;

When Can You Use a Taser to Defend Yourself in Idaho?

You can only use your taser to protect yourself in Idaho against a legitimate, imminent and unlawful threat of force against you, and specifically one that will result in a substantial risk of death or great bodily injury.

Tasers are not toys, they can never be used to settle an argument, and you can’t taze someone just because they insulted you or upset you. Idaho will level substantial additional penalties against anyone who criminally misuses a taser or stun gun, so take this seriously!