Idaho has relatively strong laws to disarm hate.
Access to Guns for People Convicted of Hate Crimes in Idaho
| Violence with Severe Bodily Injury | Violence with Bodily Injury | Other Crimes Involving Intentional Use of Force | Threats with Deadly Weapons | Other Credible Threats to Physical Safety | |
|---|---|---|---|---|---|
| Federal Law | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access |
| State Law | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access |
Idaho’s hate crime statute makes it a felony (called “malicious harassment”) to cause or credibly threaten to cause physical injury to another person, or damage their property, with malicious intent to intimidate or harass a victim on the basis of their race, color, religion, ancestry, or national origin.1 (This statute does not include a victim’s disability, sexual orientation, gender or gender identity as protected categories).
Idaho does not specifically prohibit people from accessing firearms on this basis, but like federal law, generally prohibits people from accessing firearms if they have been convicted of a felony.2 As a result, people convicted of violent hate crimes in Idaho are prohibited from accessing firearms under both state and federal law as long as they were prosecuted under Idaho’s “malicious harassment” felony hate crime statute.
Separately, Idaho generally classifies violent crimes as felonies if they involve “great bodily harm” or use of a deadly weapon,3 threats with a deadly weapon, or use of force likely to produce great bodily harm,4 so individuals convicted of hate-motivated conduct under these statutes are also prohibited from accessing firearms under state and federal law in Idaho.
However, Idaho typically classifies other violent crimes as misdemeanors, including offenses involving intentional infliction of bodily harm5 and credible threats of violence.6People convicted of these crimes are generally not restricted from accessing firearms under state or federal law in Idaho, unless their conduct is motivated by hate and prosecuted as felony “malicious harassment” instead.
MEDIA REQUESTS
Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.
Contact
- Idaho Code Ann. § 18-7902.[↩]
- Idaho Code Ann. § 18-3316. Federal law generally prohibits people from accessing guns if they have been convicted of a felony punishable by over one year in prison, or a state law misdemeanor punishable by more than two years. 18 U.S.C. § 922 (g)(1); 921(a)(20)(B).[↩]
- See, e.g., felony “Aggravated battery,” Idaho Code Ann. § 18-908,[↩]
- See, e.g., felony “Aggravated assault,” Idaho Code Ann. § 18-902.[↩]
- See, e.g., misdemeanor simple battery, Idaho Code Ann. § 18-903.[↩]
- See, e.g., misdemeanor simple assault, Idaho Code Ann. § 18-901(b).[↩]