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[[Texas]] has no laws regarding possession of shotguns, or rifles by persons 18 years or older without felony convictions; 21 years or older for handguns. NFA weapons are also only subject to Federal restrictions; no State regulations exist. Municipal and county ordinances on possession and carry are generally overridden ([[preemption (law)|preempted]]) due to the wording of the Texas Constitution, which gives the Texas Legislature (and it alone) the power to "regulate the wearing of arms, with a view to prevent crime".<ref name="nra-tx">[http://www.nraila.org/statelawpdfs/TXSL.pdf NRA/ILA Firearms Laws for Texas]</ref> Local ordinances on
[[Texas]] has no laws regarding possession of shotguns, or rifles by persons 18 years or older without felony convictions; 21 years or older for handguns. NFA weapons are also only subject to Federal restrictions; no State regulations exist. Municipal and county ordinances on possession and carry are generally overridden ([[preemption (law)|preempted]]) due to the wording of the Texas Constitution, which gives the Texas Legislature (and it alone) the power to "regulate the wearing of arms, with a view to prevent crime".<ref name="nra-tx">[http://www.nraila.org/statelawpdfs/TXSL.pdf NRA/ILA Firearms Laws for Texas]</ref> Local ordinances on
discharge of a firearm are generally allowed under this pre-emption.
discharge of a firearm are generally allowed under this pre-emption.

'''BLESS TEXAS'''


A rifle, shotgun, or other long-barreled firearm may be carried openly, although there is debate as to whether doing so constitutes "disorderly conduct" (which defines an offense, in part, as "displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm"). [[Open carry]] of a handgun in public is generally illegal in Texas; exceptions include when the carrier is on property he/she owns or has lawful control over, while hunting, or while participating in some gun-related public event such as a gun show. A permit to carry concealed is thus required to carry a handgun in public. Concealed carry permits are issued on a non-discretionary basis ("shall-issue") to all qualified applicants. In addition, Texas recognizes most out-of-state concealed-carry permits.
A rifle, shotgun, or other long-barreled firearm may be carried openly, although there is debate as to whether doing so constitutes "disorderly conduct" (which defines an offense, in part, as "displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm"). [[Open carry]] of a handgun in public is generally illegal in Texas; exceptions include when the carrier is on property he/she owns or has lawful control over, while hunting, or while participating in some gun-related public event such as a gun show. A permit to carry concealed is thus required to carry a handgun in public. Concealed carry permits are issued on a non-discretionary basis ("shall-issue") to all qualified applicants. In addition, Texas recognizes most out-of-state concealed-carry permits.

Revision as of 20:39, 27 October 2009

Gun laws in the United States vary from state to state and are independent of, though sometimes broader or more limited in scope than, existing federal firearms laws. Some U.S. states have also created so-called assault weapon bans that are independent of, though often similar to, the expired federal assault weapons ban. The state level bans vary significantly in their form, content, and level of restriction. Forty-four states have a provision in their state constitutions similar to the Second Amendment of the Bill of Rights (the exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York).

Firearm license-holders are subject to the firearm laws of the state they're in, not the state in which the permit was issued. Reciprocity between states exists for certain licenses, such as concealed carry permits. These are recognized on a state-by-state basis. For example, Arizona recognizes a Nevada permit, but Nevada does not recognize an Arizona permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out of state Concealed Carry Weapon ("CCW") permits at all, so it is important to understand the laws of each state when traveling with a handgun.[1]

When planning a trip it can be very confusing to match the concealed carry weapon permit to the state laws. John Thune of South Dakota introduced a national reciprocity bill, but it has never been able to advance out of Senate committees. Checking with each state's legal page is important. There are travel tools that may help shorten the search time.[2]

For federal gun law, see Gun law in the United States.

Alabama

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No Yes Ala §13A-11-73 May not carry concealed without permit.
State Preemption of local restrictions? No Yes Ala §11-34-1.1 none.
NFA weapons restricted? No No Ala §13A-11-63 Short-barreled rifles and shotguns prohibited.
Peaceable Journey laws? No No None Federal rules observed.

Alabama is classified as a "may issue" state; Alabama law states, "The sheriff of a county may, upon the application of any person residing in that county, issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed."

In practice, virtually all Alabama county sheriffs as of 2006 issue licenses to all "suitable persons."[3] Application fees and other requirements such as training as well as the conduct of background checks vary from sheriff to sheriff. Alabama permits are honored in 22 states.[4]

Alaska

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? Yes No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No Yes AS 18.65.700 through 18.65.778 May carry concealed without permit, though permits can be issued for those who wish to have them.
State Preemption of local restrictions? Yes Yes AS 29.35.145 State preempts "out legislating" state law.
NFA weapons restricted? No No None No
Peaceable Journey laws? No No None Federal rules observed.

Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry,"), in which no license is required to carry a handgun either openly or concealed. However, licenses are still issued to residents who want them for purposes of carrying in other states via reciprocity, to be in complete compliance with Federal Gun Free School Zone act. The term "Alaska Carry" has been used to describe laws which require no license to carry handgun openly or concealed but licenses are still available for those who want them. Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.[5]

Arizona

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? Partial Partial ARS 13-3101 State law requires machine guns and short-barreled rifles and shotguns to be registered per the National Firearms Act.
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? Yes Yes ARS 13-3112 Concealed carry requires a permit. Open carry is legal without a permit in most places where it is legal for permit holders to carry concealed and law enforcement is well-versed as to its legality. With holsters the gun can be partly covered; if no holster is present the firearm needs to be completely revealed.
State Preemption of local restrictions? Partial Partial ARS 13-3108 Explained below.
NFA weapons restricted? Partial Partial ARS 13-3101 It is a violation of state law to possess NFA weapons except as permitted by federal law.
Peaceable Journey laws? No No None Federal rules observed.

Arizona gun laws are found mostly in Title 13, Chapter 31 of the Arizona Revised Statutes.[6] There is no registration or licensing of non-NFA firearms in Arizona. In fact, Section 13-3108 subsection B prohibits any political subdivision of the state from enacting any laws requiring licensing or registration.[7] According to state law, a person must be 18 years of age to purchase any non-NFA firearm from any source; however, there is a federal age limit of 21 years on handgun purchases from federal firearms licensees. Generally, a person must be 18 years of age to possess a firearm or carry one openly, with such exceptions as are described below.

Arizona is classified as a "shall issue" state. Concealed carry permits are issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety. Requirements for issuance include taking an 8 hour training class (provided by a licensed third party), submitting a finger print card, and paying a $60 fee. Applicants must be at least 21 years of age. New permits are valid for five years. Permits issued before August 12, 2005 are valid for four years.[8] Renewing a permit requires only an application and finger print card. However, effective December 31, 2007 the finger print card requirement for renewal is scheduled to end.[9] Arizona recognizes almost all valid out-of-state carry permits, with few exceptions.[10]

The law regarding the carrying of firearms in motor vehicles by non-permit holders is complex and has been further muddled by court decisions. However, it is clear that no permit is required to carry a firearm in a vehicle if the firearm is in plain view or locked in a trunk or other place not immediately accessible.

On foot, no permit is required to openly carry a firearm in a belt holster, gun case or scabbard. Generally, a person must be at least 18 years of age to openly carry a firearm. However, this does not apply to:

  • Juveniles within a private residence.
  • Emancipated juveniles
  • Juveniles accompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the juvenile's parent or guardian
  • Juveniles on private property owned or leased by the juvenile or the juvenile's parent, grandparent, or guardian
  • Juveniles fourteen years of age and up engaged in any of the following activities:
    • Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited
    • Lawful transportation of an unloaded firearm for lawful hunting
    • Lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited
    • Activities that require a firearm related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities[11]

On September 30, 2009 a new law allowing people with concealed weapons permits to carry their guns into bars came into effect, providing they refrain from drinking alcohol in the establishments. The law also allows bar and restaurant owners to post signs barring guns.[12]

Arizona law permits the carrying of handguns by juveniles in some situations where they are prohibited by the Federal Youth Handgun Safety Act. However, state and local police in Arizona have shown little interest in enforcing the federal act.

The Arizona legislature has largely preempted political subdivisions (counties, cities) from passing their own firearms laws. Political subdivisions may regulate the carrying of weapons by juveniles or by their own employees or contractors when these employees or contractors are acting within their employment or contract. They may also limit the carrying of weapons to permit holders in parks that are less than one square mile in area and in public establishments and events. Public establishments and events where carry is limited to permit holders must provide secure storage for weapons on-site, which must be readily accessible upon entry and allows for immediate retrieval on exit.

Indian reservations, which comprise a large portion of the land area of the state, are exempt from the preemption statute, and may have gun laws considerably more restrictive than state law. However, these laws do not usually apply to non-tribal members passing through a reservation in a continuous journey on a major highway.

It is generally illegal to discharge a firearm within or into the limits of any municipality. However, this prohibition does not apply to persons discharging firearms in the following circumstances:

  • On a properly supervised range
  • In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police (Any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department.)
  • For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service
  • By special permit of the chief of police of the municipality
  • As required by an animal control officer in the performance of duties
  • Firing blank cartridges
  • More than one mile from any occupied structure
  • In self-defense, or defense of another person against an animal attack if a reasonable person would believe deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect a person from harm
  • In self-defense or, in defense of another person against a criminal attack as permitted by the laws regarding defensive use of force

While discharging a firearm using blanks within the limits of a municipality is not specifically prohibited by law, it could still result in a disorderly conduct charge pursuant to ARS 13-2904.[13]

State law prohibits the carrying of firearms in certain areas. These prohibited areas include:

  • Hydroelectric or nuclear power generating stations
  • Polling places on election day
  • Secured areas of airports
  • School grounds. However, this does not apply to:
  • Firearms for use on the school grounds in a program approved by the school
  • Uloaded firearms carried inside a means of transportation and under the control of an adult, provided that if the adult leaves the means of transportation, it's locked and the firearms are not visible from the outside
  • A person who is on the premises for a limited time to seek emergency aid, if such person does not buy, receive, consume, or possess alcohol while there

Game refuges. However, this does not apply to:

Persons traversing refuges or over roads therein carrying unloaded devices
  • landowners, lessees, permittees, their employees, or licensed trappers carrying arms while performing lawful duties

In addition, political subdivisions have limited power to prohibit the carrying of firearms in certain areas as described above. Carrying a firearm in a power generating station is a felony. Carrying a firearm in any other prohibited area, absent any other concomitant criminal conduct, is a misdemeanor. It is not illegal to carry a firearm in a liquor store or other establishment that sells alcohol only for consumption off the premises. [14][15][16][17]

State law prohibits the possession of firearms by certain categories of people. These prohibited possessors include:

  • Anyone who has been found to constitute a danger to himself or to others pursuant to court order, and whose court ordered treatment has not been terminated by court order
  • Anyone convicted of a felony, or who has been adjudicated delinquent for a felony, and whose State civil right to possess or carry a gun or firearm has not been restored
  • Anyone who is, at the time of possession, serving a term of imprisonment in any correctional or detention facility
  • Anyone who is, at the time of possession, serving a term of probation pursuant to a conviction for a domestic violence offense or a felony offense, parole, community supervision, work furlough, home arrest, or release on any other basis, or who is serving a term of probation or parole pursuant to an interstate compact
  • Anyone who is an undocumented alien or a nonimmigrant alien, traveling with or without documentation for business or pleasure, or who is studying in Arizona and maintains a foreign residence, except for:
  • Nonimmigrant aliens who possess a valid hunting license or permit lawfully issued by a state in the United States
  • Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, state, or local firearms trade organization devoted to competitive or sporting use of firearms
  • Certain diplomats
  • Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state
  • Persons who have received a waiver from the United States attorney general

As is the case in many states, Arizona's prohibited possessor statute is in some ways less restrictive than the federal prohibited possessor statute found in the Gun Control Act of 1968, and state and local police show little interest in enforcing the federal statute. [18]

Arkansas

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No Yes 5-73-301 - 5-73-320 Concealed carry requires a permit. Open carry is not permitted.
State Preemption of local restrictions? Yes Yes 5-73-120 Carrying a weapon is prohibited.
NFA weapons restricted? N/A N/A 5-73-120 Carrying a weapon is prohibited.
Peaceable Journey laws? ? Yes 5-73-120 (c)(4) A person has a defense to the crime of carrying a weapon when they are on a journey, unless the journey is through a commercial airport at the security checkpoint or is in checked baggage and is not a lawfully declared weapon

In Arkansas, possession or ownership of a firearm is illegal for anyone who has been convicted of a felony, adjudicated to be mentally defective, or committed involuntarily to a mental institution.

Arkansas is a "shall issue" state for the concealed carry of firearms.[19] Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license is suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed firearms may not be carried at a courthouse, meeting place of any government entity, athletic event, tavern, or in a number of other places.

Arkansas has state preemption for most firearms laws. However, localities may enact laws regulating the discharge of firearms, or in emergency situations. Local government units and private individuals may not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract.

Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law.

California

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No §12070, §12071, §12082 All firearm sales (except long guns more than 50 years old) must be completed through a dealer. Handgun purchases require a Handgun Safety Certificate and proof of residency.
Firearm registration? No No None All handgun sales are recorded by the state. Longarm serial numbers are not recorded, only the sale. There is no requirement to register firearms with law enforcement. New residents must register handguns (purchased outside of California) with DOJ within 60 days.
"Assault weapon" law? Yes Yes §12280 , §12285 Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features."
Owner license required? No No None
Carry permits issued? N/A Yes §12050 May issue, depending on jurisdiction.
State Preemption of local restrictions? Yes Yes §53701 GC Most but not all local restrictions preempted.[20][21]
NFA weapons restricted? Yes Yes §12220, §12020 Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. AOW's (Any Other Weapons) permitted, except for "pen guns."
Peaceable Journey laws? No No None

California[22][23] is a "may issue" state for concealed carry. A license to carry a concealed firearm may be issued or denied to qualified applicants at the discretion of the county sheriff or municipal police chief.[24][25] California does not recognize concealed carry permits issued by other states.

Open carry of loaded firearms in public is generally prohibited except in unincorporated areas where the county has not made open carry illegal or where the discharge of firearms is not prohibited. Carrying of an unloaded, unconcealed firearm in plain sight is not prohibited except in areas otherwise prohibiting the carry of firearms under state or federal law, such as school zones, post offices, government buildings, state and national parks, "sterile" areas controlled by security screenings, etc.[26][27]

The buyer of a firearm must fill out an application to purchase a particular gun. The firearms dealer sends the application to the California Department of Justice (DOJ), which performs a background check on the buyer. The approved application is valid for 30 days. There is a 10 day waiting period for the delivery of any firearm.

Sales of firearms from one person to another (private party transfers) must be through a licensed firearms dealer using a Private Party Transfer form. The licensed dealer may charge a $10 fee, in addition to the $25 transfer fee that the state charges. Any number of firearms may be transferred at one time using this method. The dealer submits a Dealer's Record of Sale (DROS) form to the state, and the purchaser must wait 10 days before picking up the guns. Federally defined curio or relic long guns over 50 years old may be sold without going through a licensed dealer.[28]

Handgun purchases, except for private party transfers, are limited to one per 30 day period. To purchase a handgun, a buyer must have a Handgun Safety Certificate.[29] This is obtained by passing a written test, given by a Department of Justice certified instructor, on the safe and legal use of handguns. The certificate is valid for five years. A buyer must also perform a Safe Handling Demonstration when taking possession of a handgun. Some individuals are exempt from the Safety Certificate and Handling Demonstration requirements, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders.[30]

Dealers may not sell any handgun unless it is listed in the Department of Justice roster of handguns certified for sale. Listed handguns must include certain mechanical features and pass a set of laboratory tests. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.[31]

It is illegal to sell a firearm that the state has defined as an "assault weapon", and which has been listed in the DOJ roster of prohibited firearms, which includes many military look-alike semi-automatic rifles and .50 caliber BMG rifles.[32] DOJ rostered firearms may be legally possessed if already registered with the state prior to January 2005. Military look-alike firearms that are not listed on the DOJ roster of prohibited firearms, known as "off list lowers", are legal to own and possess, as long as state laws concerning configuration are followed. It is illegal to import, sell, give, trade, or lend a magazine that holds more than 10 rounds of ammunition, except for fixed tubular magazines for lever-action rifles and .22 caliber rifles; however, the possession of such magazines is legal. It is illegal to possess an automatic firearm or a short-barreled shotgun or rifle without permission from the Department of Justice; such permission is generally not granted.[33]

On October 13, 2007, California enacted AB 1471. This controversial[34] law requires that, effective January 1, 2010, semi-automatic handguns be equipped with microstamping technology and be listed in the roster of handguns certified for sale. When such a pistol is fired, the microstamping mechanism will imprint each cartridge case with a microscopic array of characters that will uniquely identify the gun that fired it.[35][36] However, the text of this law has language which states that it will not be enforced if there is only one manufacturer which has the ability to equip this technology. As of the this writing, only one such manufacturer exists, and there are no others on the horizon.

On October 11, 2009, California enacted AB 962, adding new requirements for the sale of ammunition. Effective July 2010, ammunition sales must take place in person, and dealers must keep records of ammunition sales for at least five years. Effective February 2011, buyers of ammunition must provide a thumbprint and state identification.[37]

Colorado

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? no no NONE yes
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Concealed Carry permits issued? Yes Yes CRS 18-12 No
Open carry without a permit? Yes* Yes* CRS 18-12 Technically legal in most areas unless local laws exist (City of Denver), in which case signs must be posted. May be interpreted as disturbing the peace by law enforecement.
Concealed within a vehicle? Unloaded Only** Unloaded only CRS 18-12, 33-6-125 **Loaded without a round chambered only.
State Preemption of local restrictions? Yes* Yes* CRS 18-12 *Open carry and unlicensed car carry of a loaded firearm is prohibited in city and county of Denver, otherwise, local ordinances are preempted by state law
NFA weapons restricted? No No None No
Peaceable Journey laws? Yes Yes CRS 18-12-105.6 Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons travelling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754
Castle Doctrine? Yes Yes A legal resident of a property has the right to defend himself, other occupants, and property using deadly force from intruders, whether they are armed or not.
"Make My Day" Law? Yes Yes A person may defend himself or others with deadly force if necessary.

Connecticut

Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No Yes
Firearm registration? No Yes
"Assault weapon" law? Yes Yes
Owner license required? ? ?
Carry permits issued? No Yes Permit needed to carry open or concealed
State Preemption of local restrictions? Yes Yes
NFA weapons restricted? ? ?
Peaceable Journey laws? No No Federal rules observed.

Connecticut is a Shall Issue state. “Every citizen has a right to bear arms in defense of himself and the state.” Article 1, Section 15.

Permits in Connecticut are first issued by the town police department, which conducts the background checks and fingerprinting. Each town is different in its willingness to approve permits, and some towns create their own requirements that go well beyond the State requirements. Meeting these town-specified requests (such as letters of reference, pictures, or an essay on why you want to have a permit to carry) does not have to be accomplished in order to get a permit. The town has 8 weeks to approve the permit. If it doesn’t, the resident can appeal the ruling to the Connecticut Board of Firearms Permit Examiners, whom must grant the permit unless there is a specific reason the individual should be denied. These include:

Criminal possession of a narcotic substance; • Criminally negligent homicide; • Assault in the third degree; • Reckless endangerment in the first degree; • Unlawful restraint in the second degree; • Riot in the first degree; • Stalking in the second degree; • Has not been convicted as a delinquent for the commission of a serious juvenile offense; • Has not been discharged from custody within the preceding twenty years after having been found not guilty of a crime by reason of mental disease or defect; • Is not subject to a restraining or protective order issued by a court in a case involving the use, attempted use or threatened use of physical force against another person; • Is not subject to a firearms seizure order issued for posing a risk of personal injury to self or others after a hearing; or • Is not prohibited from possessing a firearm for having been adjudicated as a mentally incompetent under federal law.

Connecticut Residents are issued a "permit to carry pistols and revolvers", which permits both open and concealed carry[38]. Although open carry is not restricted by state law, the Connecticut Board of Firearms Permit Examiners suggests that, “every effort should be made to ensure that no gun is exposed to view or carried in a manner that would tend to alarm people who see it.”[39]

Residents of other states who hold a concealed weapons permit may apply for a non-resident Connecticut permit through the mail.

Connecticut has bans on defined 'assault weapons.' However, it does not restrict magazine capacity.

Connecticut allows all NFA firearms except for selective fire machineguns. Selective fire machineguns existing in Connecticut before they were banned are grandfathered. Selective fire means that a machine gun can fire semi or fully automatic. A machine gun that can only fire fully automatic is legal in Connecticut.

Connecticut also has a provision in the statute that if a carry permit holder loses a firearm and does not report it, they may lose the permit.[40]

Delaware

Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
"Assault weapon" law? No No
Owner license required? No No
Carry permits issued? No Yes 11 Del.C. § 1441(j) Permit needed to carry concealed
State Preemption of local restrictions? ? ?
NFA weapons restricted? No No
Peaceable Journey laws? No No Federal rules observed.

District of Columbia

In Washington, D.C., all firearms must be registered with the police, by the terms of the Firearms Control Regulations Act of 1975.

The same law also prohibited the possession of handguns, even in private citizens' own homes, unless they were registered before 1976. However, the handgun ban was struck down by the U.S. Supreme Court in the 2008 case District of Columbia v. Heller. The Supreme Court ruled that the Second Amendment acknowledges and guarantees the right of the individual to possess and carry firearms, and therefore D.C.'s ban on handguns was unconstitutional.[41]

A lawsuit was filed on 2009-08-08 to compel the district to issue permits to carry weapons.[42]

Florida

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No Yes Chapter 790.06 Concealed carry only; no open carry allowed, even with permit
State Preemption of local restrictions? Yes Yes Chapter 790.33
NFA weapons restricted? No No None
Peaceable Journey laws? No No None Federal rules observed.

Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents. Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-resident individual is a resident of the other state and is at least 21 years old.[43]

Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm is concealed if the firearm is "securely encased". "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.[44] (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even if it is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed.

Open carry when on foot in a public area is generally not permitted, but is allowed in certain circumstances, as defined in Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, or camping, or while target shooting, or while going to or from such activities.[45] When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is also permitted.

State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.)

Firearm regulations are uniform throughout the state, and a carry permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:

  • federally-controlled areas (such as national parks, inside the boundaries of which guns must be kept securely locked.),
  • in or around specially-marked buildings/grounds (notably, mental hospitals and any hospitals with provisions to treat mental illness, where concealed carry is a felony even with a permit (F.S. 394.458). F.S 394.458 does state concealed carry is prohibited "unless authorized by law". Since F.S. 790.06(12) does not prohibit concealed carry in hospitals that treat mental illness by permit holders, it can be inferred that concealed carry with a permit is allowed. Caution is advised since there currently is no case law. In other words, no case has been referred to a Grand Jury nor has any person been tried for violating the law. One Florida resident was arrested but the charges were subsequently dropped after their attorney successfully argued the permit holder was excepted. Be advised each county's prosecutor may have a different opinion.
  • any place of nuisance,
  • Sheriff's Office,
  • Police Station,
  • Jail,
  • Prison,
  • Courthouse,
  • Polling Place,
  • any Governmental Judicial meeting,
  • any school or college,
  • lounges,
  • bars,
  • airports,
  • professional athletic event, and
  • any federal buildings or property.

As of October 1, 2005, Florida became a "Stand-your-ground" state. The Florida law is a self-defense, self-protection law. It has four key components:

  1. It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.
  2. In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including

deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”

  1. In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a

law enforcement agency determines there is probable cause that the force used was unlawful.

  1. If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all

costs of defense.

As of July 1, 2008, Florida became a "Take your gun to work" state. A new statewide Florida law went into effect on this date prohibiting most businesses from firing any employee with a Concealed Weapon License for keeping a legal firearm locked in their car in the company parking lot. The purpose of the new law is to allow CWL holders to exercise their Second Amendment rights during their commutes to and from work. Notable exceptions include companies with a primary business involving the manufacture of fireworks, the operating of nuclear reactors, or at sites involving Government facilities and defense contractor facilities. Currently, a test case involving Walt Disney World Resort is going through the courts, involving a former Disney security guard who was fired, despite having a CWL, for having a firearm locked in his car on July 1, in violation of Disney's pre-existing and strict no weapons allowed policy. Disney claims that they are exempt from the new state law, on the basis of their having a fireworks license for conducting nightly fireworks shows at Disney World.[46][47]

Florida law allows private firearm sales between residents without requiring any processing through an FFL. Florida law also permits larger municipalities to elect to require a concealed carry permit for a buyer to purchase a gun at a gun show from another private individual without any delay, but in practice, this applies only to a few of the largest municipalities (Miami, Orlando, etc.) where it has been invoked.

Currently, Florida's Concealed Weapon License is one of the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty-three different states, while the non-resident Florida Concealed Weapon License is recognized in twenty-seven states.[48]

Georgia

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None
Firearm registration? No No None
"Assault weapon" law? No No None
Owner license required? No No None
Carry permits issued? No Yes OCGA §16-11-129 Concealed or open carry allowed with permit. See also OCGA §43-38-10 which is a special permit for armed security guards.
State Preemption of local restrictions? Yes Yes OCGA §16-11-173 Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn.
NFA weapons restricted? No No None
Peaceable Journey laws? No No None Federal rules observed.
Unlicensed open carry? Yes No OCGA 16-11-128 A Georgia Firearms License (GFL), or a recognized out-of-state permit, is required for open carry of any pistol or revolver outside of one's home, motor vehicle, or place of business.

Georgia is a "shall issue" state, and issues firearms permits to residents through a county probate court. Georgia recognizes permits from any other state which recognizes Georgia's permit, provided the non-resident individual would meet the eligibility requirements for a Georgia Firearms License as a resident.

Vehicle carry is allowed if the possessor is eligible for a permit. An eligible person without a permit must keep a firearm unloaded in a case separated from ammunition, or loaded and fully exposed to view (Lindsey vs State of Georgia indicates that the firearm must be fully visible to all possible observers),[49] or loaded in a closed compartment of the vehicle. Permit holders may carry a firearm open or concealed anywhere within a vehicle.

State preemption laws prohibit localities from regulating the ownership, transportation, and possession of firearms. Georgia also has a law preventing localities from enacting ordinances or lawsuits to classify gun ranges as nuisances.

Firearm regulations are uniform throughout the state, and a firearms permit is valid throughout the state, in all areas other than in a few specially-defined areas. These specially-defined prohibited areas include:

  • federally-controlled areas (such as national parks, inside the boundaries of which guns must be kept securely locked)
  • nuclear power facilities
  • any federal buildings or property
  • any public gathering (includes, but is not limited to, athletic or sporting events, churches or church functions, political rallies and/or functions, publicly owned or operated buildings)
  • any place licensed to sell alcohol for consumption on premises (excluding restaurants that serve alcohol)
  • wildlife management areas, except by a licensed hunter in an appropriate open season (not during a primitive weapon season)
  • any school building or grounds (except for authorized teachers and staff)

On May 14, 2008, Governor Sonny Perdue signed House Bill 89. The bill removed public transportation, state parks, and restaurants that serve alcohol (excluding bars) from the list of specially-defined prohibited areas.[50][51]

As of July 1, 2006, Georgia became a "Castle Doctrine" state, and requires no duty to retreat before using deadly force in self defense, or defense of others.[52]

Georgia law allows private firearm sales between residents without requiring any processing through an FFL.

Hawaii

Hawaii[53][54][55] is a "may issue" state for concealed carry. "In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property," a license to carry a pistol or revolver may be granted or denied at the discretion of the county police chief.[56] In practice however few if any concealed carry licenses are granted.[57] Hawaii does not recognize concealed carry permits issued by other states.[58][59]

Acquiring a firearm in Hawaii requires a permit to acquire, issued to qualified applicants by the county police chief. There is a 14 day waiting period for receiving a permit, which is then valid for 6 days. A separate permit is required for each handgun to be acquired, while a "long gun" permit can be used for any number of rifles or shotguns for a period of one year. In addition to passing a criminal background check, applicants must provide an affidavit of mental health, and agree to release their medical records. First time applicants must be fingerprinted by the FBI. When applying to acquire a handgun, a handgun safety training course affidavit or hunter's education card is also required.[60]

Firearms acquired within the state must be registered with the chief of police within 5 days. Firearms brought in from out of state, including those owned prior to moving to Hawaii, must be registered within 3 days of arrival. Registration of firearms brought in from out of state does not involve a waiting period, however a FBI fingerprint and background check will be conducted. Registration is not required for black powder firearms or firearms manufactured before 1899.[61]

Carrying a loaded firearm, concealed or not concealed, including in a vehicle, is a class A felony. Unloaded firearms that are secured in a gun case and are accompanied by a corresponding permit are allowed to be transported in a vehicle between the permitted owner's residence or business and: a place of repair; a target range; a licensed dealer's place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station. [62]

Automatic firearms, shotguns with barrels less than 18 inches long, and rifles with barrels less than 16 inches long are prohibited by state law. Also banned are handgun magazines that can hold more than 10 rounds of ammunition, and semi-automatic handguns with certain combinations of features that the state has defined as "assault pistols".[53]

Idaho

Idaho is a "shall issue" state for concealed carry. The local county sheriff shall issue a concealed weapons permit to a qualified applicant within ninety days. Applicants must demonstrate familiarity with a firearm, generally by having taken an approved training course or by having received training in the military. A permit is valid for five years; permits issued before July 1, 2006 are valid for four years. Idaho recognizes valid concealed carry permits from any state. A concealed weapon may not be carried at a school or at a school sponsored activity, in a courthouse, in a prison or detention facility, at the Idaho State Capitol mall, or in certain other governmentally designated locations. It is unlawful to carry a concealed weapon while intoxicated.[63][64][65][66]

Open carry is legal in Idaho. A concealed weapons permit is not required for open carry, nor for long guns (concealed or not). The firearm being openly carried must be clearly visible. A firearm can also be transported in a vehicle, as long as it is in plain view, or is disassembled or unloaded.[64]

Idaho has state preemption of firearms laws, so local units of government can not regulate the ownership, possession, or transportation of firearms. The state constitution states that "No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony."[67][68]

The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.[67]

Illinois

Subject/Law Long Guns Handguns Relevant Statutes Notes
State permit to purchase? Yes Yes 430 ILCS 65 FOID required.
Firearm registration? No No
"Assault weapon" law? No No
Owner license required? Yes Yes 430 ILCS 65 FOID required.
Carry permits issued? No No
State preemption of local restrictions? No No
NFA weapons restricted? Yes Yes 720 ILCS 5/24 Fully automatic firearms and short-barreled rifles and shotguns prohibited. AOW (Any Other Weapon) allowed with proper approval and tax stamp from BATF.
Peaceable journey laws? No No

Illinois has some of the most restrictive firearm laws in the country.

To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the state police.[69] Generally an FOID will be granted unless the applicant has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, or has been adjudicated as a mental defective.[70] There are additional requirements for applicants under the age of 21.[71]

There is no state preemption of firearm laws. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department.[72] Chicago does not allow the registration of handguns, which has the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982.[73][74] The Chicago suburb of Oak Park also has banned handguns,[75] and Highland Park bars handgun possession unless the resident has obtained a permit from the police.[76] The status of these various handgun bans has been uncertain since June 26, 2008, when the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller.[77][78] In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette,[79] Morton Grove,[80] Evanston,[81] and Winnetka,[82] but Chicago and Oak Park have fought in court to keep their current laws.[83][84][85][86] The Supreme Court has agreed to review the Chicago and Oak Park handgun bans in the case of McDonald v. Chicago.[87]

Cook County has banned assault weapons and magazines that can hold more than ten rounds of ammunition.[88] Other municipalities have also enacted various firearm restrictions.[89] Lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.

Illinois is one of two remaining states that have no provision for the concealed carry of firearms by citizens. (In compliance with the federal Law Enforcement Officers Safety Act, retired police officers who qualify annually under state guidelines are allowed to carry concealed.)[90] Open carry is also illegal, except when in unincorporated areas where carrying is not prohibited by county law, a fixed place of business with owner's permission, or in one's abode. When a firearm is being transported, it must be unloaded and enclosed in a case.[91]

When purchasing a handgun in Illinois, there is a 72 hour waiting period after the sale before the buyer can take possession. The waiting period for long guns is 24 hours.[91]

Indiana

Indiana[92] has enacted state preemption of firearm laws. However, local laws passed before 1994 or for certain narrowly defined emergency situations are valid. East Chicago, Gary and South Bend all have local laws that still apply. Governing units may restrict firearms possession on public property. Additionally, private businesses may also restrict (or forbid) firearms on their properties.

Indiana is a "shall issue" state for the License to carry a handgun.[93] The Indiana license to carry allows both open and concealed carry. Most Indiana residents confuse the license to carry a handgun with a CCW. A license to carry will be issued to individuals age 18 or older who meet a number of legal requirements. Grounds for disqualification include a conviction for a felony or for misdemeanor domestic battery. A license can also be denied if the applicant has been arrested for a violent crime and "a court has found probable cause to believe that the person committed the offense charged". Documented substance abuse is a disqualifier, as is documented evidence of any given person's "propensity for violent or emotionally unstable conduct."

Application for a license must be made to the local police department, or absent that to the county police department. Four-year and lifetime permits are issued for Indiana residents. Out-of-state residents may only be issued four-year permits.

It is illegal to carry a concealed weapon, even sporting arms, on school property or on a school bus, on an airplane or in the controlled section of an airport, on a riverboat gambling cruise, or at the Indiana State Fair. Lawful gun owners may have guns in their vehicles on school property provided the driver is only transporting someone to, or from, a school event.

Indiana honors CCW licenses issued by every state (Illinois and Wisconsin do not issue CCW licenses), generally including non-resident licenses. However, Indiana residents, or non-residents with a "regular place of business" in Indiana, must obtain an Indiana license.

Firearms dealers or private individuals may not sell any firearm to someone less than 18 years old, or less than 23 years old if the buyer was "adjudicated a delinquent child for an act that would be a felony if committed by an adult", or to a person who is mentally incompetent or is a drug or alcohol abuser. Possession of automatic weapons by individuals or dealers who have obtained the appropriate federal license is permitted.

Short barreled shotguns (barrels under 18", OAL less than 26" length), are prohibited.

Handgun cartridges that have "a projectile that has a metal core and an outer coating of plastic" are prohibited.

Indiana law stands mute viz-a-viz long gun carry. There are some Department of Natural Resources rules, but these only apply on DNR property. Generally speaking, possession of long guns is legal whether the gun is either on one's person or in one's vehicle, loaded or not.

Indiana provides lawsuit protection to law abiding manufacturers, sellers, and trade associations for the misuse of firearms by third parties. Lawsuits are permitted for cases of damage or injury caused by defective firearms or ammunition, or breach of contract or warranty.[94]

Iowa

Iowa[95] is a "may issue" state for concealed carry. A Permit to Carry Weapons may be issued or denied to qualified residents at the discretion of the county sheriff, or to non-residents at the discretion of the Commissioner of the Iowa Department of Public Safety. Applicants must successfully complete an approved training course and demonstrate proficiency with a handgun. Iowa does not recognize concealed carry permits issued by other states.[96][97][98]

A Permit to Acquire Pistols or Revolvers is required when purchasing a handgun from a dealer or private party, and is obtained from the county sheriff. A Permit to Acquire shall be issued to qualified applicants aged 21 or older. It becomes valid three days after the date of application, and is valid for one year. A permit is not required when purchasing an antique handgun, which is defined as a matchlock, flintlock, or percussion cap pistol manufactured before 1898, or a replica of such a pistol.[99]

Iowa has enacted state preemption of firearms laws, so local units of government may not restrict the ownership, possession, or transfer of firearms, or require their registration.[100]

Under Iowa law, private citizens may not possess automatic firearms, short-barreled rifles, or short-barreled shotguns.[95]

Kansas

Despite having relatively nonrestrictive firearms laws, Kansas remained one of the few states with no provision for the concealed carry of firearms until March 2006, when the state legislature passed Senate Bill 418, "The Personal and Family Protection Act." This bill made Kansas the 47th state to permit concealed carry in some form and the 36th state with a "shall issue" policy.[101] The bill was passed 30-10 in the state senate and 91-33 in the state house of representatives, gaining enough votes to override a veto from Governor Kathleen Sebelius, who had previously vetoed several other attempts to legalize concealed carry. Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.

On April 21, 2008, Governor Kathleen Sebelius signed a bill allowing the sale and possession of NFA weapons. The law took effect on July 1, 2008.[102][103]

Kentucky

Subject/Law Long Guns Handguns Relevant Statutes Notes
State permit to purchase? No No
Firearm registration? No No
"Assault weapon" law? No No
Owner license required? No No
Carry permits issued? No Yes KRS § 237.110
State preemption of local restrictions? Yes Yes KRS § 65.870 Exception: KRS § 237.115 allows the following entities to restrict concealed carry:
  • Postsecondary educational institutions
  • Any unit of government within the state in buildings that it owns, leases, or occupies — however, concealed carry is allowed in highway rest areas, public housing, and private dwellings
NFA weapons restricted? No No
Peaceable journey laws? No No Federal rules observed.

Kentucky has a "shall-issue" concealed carry law, set forth in Kentucky Revised Statutes § 237.110. Once issued, permits are valid for 5 years. Kentucky's law in this area has a few distinctive features:

  • An applicant must have been a resident of Kentucky for at least 6 months before filing his or her application. A member of the U.S. military who has been stationed in Kentucky for at least 6 months at the time of filing is also eligible, regardless of his or her domicile.
  • Applicants cannot be in arrears on child support obligations in an amount that would equal or exceed that accumulated in one year of nonpayment.
  • The required firearms safety course can be no longer than 8 hours, and also includes a mandatory marksmanship test, in which the applicant must hit a full-sized silhouette target from 7 yards with at least 11 out of 20 rounds fired. (The distance is not stated in the statute, but is set forth in the administrative regulations governing the course.[104])

Under KRS § 237.110 (20)(a), Kentucky recognizes all currently valid concealed carry permits issued by other U.S. jurisdictions.

Suppressors are legally transferable in Kentucky.

KRS § 527.020 (8) permits firearms to be carried in a glove compartment of a motor vehicle:

A firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in a glove compartment, regularly installed in a motor vehicle by its manufacturer, regardless of whether said compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a firearm or ammunition, or both, or other deadly weapon in a glove compartment of a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction.

KRS § 237.104 prohibits the state from seizing firearms from private citizens in the event of a disaster or emergency.

Louisiana

Louisiana is a "shall issue" state for concealed carry. The Louisiana Department of Public Safety and Corrections shall issue a concealed handgun permit to qualified applicants, after performing an NICS background check and giving the local police 10 days to provide additional information about the applicant. An applicant must demonstrate handgun proficiency by taking a training course from an approved instructor, or by having been trained while serving in the military. Concealed carry is not permitted in any portion of the permitted area of an establishment that has been granted a permit to sell alcoholic beverages for consumption on the premises, or in any place of worship, government meeting place, courthouse, police station, polling place, parade, or in certain other locations.[105][106][107]

Louisiana has state preemption of firearms laws, except for local laws passed before July 15, 1985. Government bodies other than the state may not sue firearms manufacturers, dealers, or trade associations for damages that are the result of lawful activities. Automatic firearms, short-barreled shotguns and rifles, and silencers may not be possessed or transferred without permission of the Department of Public Safety, and must be registered with the Department.[108]

Maine

Maine[109][110] is a "shall issue" state for concealed carry. The issuing authority is the local government or local police, or the state police. A permit to carry a concealed firearm shall be issued within 30 days to a qualified applicant who has been a Maine resident for at least five years, or within 60 days to a nonresident or a resident for less than five years. The permit is valid for four years. A permit to carry a concealed firearm is required when transporting a loaded firearm, either concealed or plainly visible, in a vehicle. A permit is not required for open carry.[111][112][113][114]

Maine does not currently honor concealed carry permits from other states. In 2007, the state enacted L.D. 148, directing the Department of Public Safety and the Attorney General to review other states' concealed weapon reciprocity agreements and actively seek reciprocity where appropriate.[115]

Maine has state preemption of firearms laws. No political subdivision of the state may adopt any law regulating firearms or ammunition, except for regulating the discharge of firearms.[116]

A municipality may not sue a firearm or ammunition manufacturer for damages relating to the lawful design, manufacture, marketing or sale of firearms or ammunition. A municipality may bring legal action for breach of contract or warranty.[117]

Maryland

In addition to having a Maryland driver's license, Maryland requires all gun purchasers to watch a safety video before purchasing a "regulated firearm". Once complete, the purchaser is issued a certification card. Every time you purchase a regulated firearm in Maryland thereafter, you must present this card to prove you have watched the safety video and understand. An online program offered by the Maryland Police Training Commission can also fill this requirement with the purchaser receiving the card at the end of the online lecture.[118]

Maryland State Police also maintains a database of all "regulated firearms" purchased in the state. A regulated firearm in Maryland includes all handguns and so-called "assault-style" rifles. Assault style rifles include all AK-47 style rifles, CETME/G3, FAL and copies, etc. When purchasing a regulated firearm, there is a seven-day waiting period before the purchaser can pick up his gun. During this seven-day waiting period, Maryland State Police conducts its own background check, which includes juvenile records, and, if the transaction is approved, they record the firearm serial number and owner. If a legally-registered gun owner commits a felony in Maryland, Maryland State Police uses their database to obtain a search warrant and confiscate any and all firearms in that person's possession.

Maryland tightly restricts the issuance and use of concealed carry permits. An individual must either prove that their employment requires the transportation of large amounts of cash or, in the case of security guards and private detectives, that the use of a handgun is required to perform his or her duties. Individuals citing personal protection must produce documentation of death threats supported by police reports; even then, permits have been denied in some cases. Almost all permits have tight restrictions on their use; for example, a licensed business owner or employee may only legally carry concealed while in the act of transporting cash from his or her business.[119]

New handguns sold in Maryland must include a sealed envelope, provided by the manufacturer, containing a shell casing from a cartridge fired by that gun. When the gun is sold, the dealer must send the envelope with the shell casing, along with information identifying the purchaser, to the state police, for inclusion in their ballistics database, known as the Integrated Ballistics Identification System (IBIS).[120][121]

Massachusetts

Massachusetts Law requires firearm owners to be licensed through their local Police Department or the Massachusetts State Police if no local licensing authority is available. A license is required by state law for buying firearms and ammunition. An applicant must have passed a State approved firearm safety course before applying for a license.

All applications, interviews, fees, and fingerprinting are done at the local Police Department then sent electronically to the Massachusetts Criminal History Board for the mandatory background checks, and processing. All approved applicants will receive their license from the issuing Police Department. All licensing information is stored by the Criminal History Board. Non residents who are planning on carrying in the state must apply for a temporary LTC through the State Police before their travel.

There are five different types of Firearm licenses issued in the state. The most restrictive license, the Restricted Firearm Identification License (FID), only allows carrying of mace or pepper spray. Next comes the standard FID, which allows the ownership of long arms (rifles or shotguns) that hold 10 rounds or less in their magazines. The Class B License To Carry (LTC) allows the ownership of handguns which hold 10 rounds or less or long arms with any capacity magazine. The Class A LTC allows the ownership of any capacity handgun, or longarm and the ability to carry concealed. Licenses are valid for 6 years.

The issuing authority official may restrict the Class A LTC as he wishes, such as target and hunting only, which may affect the authorization of an individual to carry concealed.

The final license is only issued for "machine guns."

A license to possess or carry a machine gun may be issued only to a firearm instructor certified by the Criminal Justice Training Council for the sole purpose of firearm instruction to police personnel, or to a bona fide collector of firearms upon application or renewal of such license.

A "bona fide collector of firearms," for the purpose of issuance of a machine gun license, shall be defined as an individual who acquires firearms for such lawful purposes as historical significance, display, research, lecturing, demonstration, test firing, investment or other like purpose.

For the purpose of issuance of a machine gun license, the acquisition of firearms for sporting use or for use as an offensive or defensive weapon shall not qualify an applicant as a bona fide collector of firearms.

All private sales are required to be registered through an FA-10 form with the Criminal History Board, Firearm Records division. The state has an assault weapons ban similar to the expired Federal ban. Massachusetts is a "may issue" state and all classes of LTCs, are issued in a highly discretionary manner.

FIDs are "Shall issue", except if the applicant fails a background check. Massachusetts law does not recognize the Firearm Owners Protection Act. State law requires all firearms to be stored in a locked container, or with a trigger lock. If in a vehicle, firearm must be carried in the trunk of the vehicle in a locked container, unless the licensee has a Class A unrestricted license, in which case the firearm must be under his direct control. Any firearms that are found to be unsecured may be confiscated by law enforcement officers and license may be revoked. In the event a license is revoked for any reason, law enforcement will confiscate all weapons and store for 1 year before destroying them unless the revoked licensee transfers ownership to a properly licensed party who then claims the firearms.

Michigan

The State of Michigan has numerous laws concerning the ownership and the carrying of firearms. Generally, federal, state, and local law enforcement agencies, and agents thereof acting in an official capacity, are exempt from Michigan's firearms regulations. The Constitution of the State of Michigan of 1963[122] Article 1, Section 6 reads:

Every person has a right to keep and bear arms for the defense of himself and the state.

A complete listing of Michigan's firearms laws can be found in the publication "Firearms Laws of Michigan"[123]

Firearm Defined

The word "firearm", except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB’s not exceeding .177 calibre by means of spring, gas or air.[124]

Michigan's Attorney General has ruled that the definition of "firearm" includes a Taser.

Purchasing Firearms in Michigan

In Michigan, a rifle or shotgun may be purchased by anyone aged 18 or over who is not subject to restrictions based on criminal or mental health history; no purchase license is required. A purchase license is required to purchase a pistol, unless the purchaser has a concealed pistol license. Anyone purchasing a handgun must be at least 21 years old to purchase from a federally-licensed firearms dealer under federal law. In a private sale, the purchaser need only be aged 18 or older.[125]

In Michigan, a person "shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol," as prescribed in MCL 28.422.

An individual must apply to their local police or sheriff's department for a purchase license before obtaining a pistol. A purchase license is not needed for an individual with a concealed pistol license. However, a NICS check must be completed by the FFL (Federal Firearms Licensee) before the transfer of the firearm.

The police authority will check for any criminal record at both the state and national level.

The applicant must answer gun related questions on a Basic Pistol Safety Questionnaire, with at least 70% correct, and swear before a notary that they meet the statutory requirements to own a pistol.

The License to Purchase a Pistol form must be completed even though the applicant may already have possession of a pistol, such as through an inheritance. Federal firearms licensed dealers are not exempt from this section of the law and must also get a license any time they purchase/acquire a pistol from an individual or another gun dealer. There is an exemption only for dealers purchasing pistols directly from the manufacturer or wholesaler.

A License to Purchase a Pistol is valid for 10 days to purchase a pistol. The seller must sign the license and keep one copy for his/her records. An individual must return to the local police department within 10 days of purchasing the pistol, return the two remaining copies of the license, and present the pistol for a Safety Inspection Certificate. Dealers are exempt from the safety inspection requirements on pistols kept solely for the purpose of resale.

Some agencies require all unused license to purchase forms be returned to them for record keeping purposes.

These forms are licenses to purchase a pistol and the purpose is not to circumvent the required NICS (National Instant Check System) check when buying a shotgun or rifle from an FFL dealer.[126]

Concealed Carry in Michigan

Michigan's concealed carry law is "shall issue", meaning that anyone over 21 may obtain a license to carry a concealed handgun if they are not prohibited from owning firearms, have not been found guilty or been accused of certain felonies or misdemeanors within a certain time period, and have completed state approved firearms training. Concealed Pistol License (CPL) holders are exempt from the obtaining a License to Purchase a Handgun; however, they must fulfill the registration requirement.

Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises: Schools or school property, public or private day care center, public or private child caring agency, or public or private child placing agency, sports arena or stadium, a tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises, any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official allows concealed weapons, an entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more, a hospital, a dormitory or classroom of a community college, college, or university, and casinos. "Premises" does not include the parking areas of the places listed above, excluding casino parking. A pistol is subject to immediate seizure if the CPL permit holder is carrying a pistol in a "pistol free" area.[127]

An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.[128]

On March 29, 2001, per Administrative Order 2001-1 of the Michigan Supreme Court: "Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."[127]

Open carry is legal in Michigan, but choosing to do so in populated areas may result in being charged with disturbing the peace or even brandishing.[129] However then-Attorney General Jennifer Granholm released an opinion that open carrying is neither brandishing nor disturbing the peace.

Michigan formerly did not allow ownership of NFA firearms, though Attorney General Mike Cox has written an Attorney General's Opinion[130] that allows for machine guns to be legally transferable to Michigan residents who comply with federal laws. Suppressors (silencers), however, are still illegal and non-transferable in Michigan.

Michigan prohibits the possession of Tasers or stun guns by private citizens, regardless of CPL status.

Minnesota

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No Yes §624.7131

Permit to purchase required to transfer handguns through FFL's and for "military-style assault weapons."

Firearm registration? No No None No
"Assault weapon" law? Yes Yes §624.7131 Does not ban any weapon but places restrictions on acquisition and ownership similar to pistols.
Owner license required? No No None No
Carry permits issued? No Yes §624.714 Shall Issue
State Preemption of local restrictions? Yes Yes §471.633
NFA weapons restricted? Yes Yes §609.67 Machine guns and short-barreled shotguns, unless designated Curios & Relics, are prohibited in most cases. Sound suppressors and some destructive devices are prohibited in most cases.
Peaceable Journey laws? No No None Federal rules observed.

Minnesota does not require concealment when carrying. With a carry permit, one may carry openly in accordance with the carry law.

Minnesota State Statute 624.714

Mississippi

Mississippi[131][132] is a "shall issue" state for concealed carry. The Mississippi Department of Public Safety shall issue a license to carry a concealed pistol or revolver to a qualified applicant within 120 days. The license is valid for four years. Concealed carry is not allowed in a school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95-3-1,[133] or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited". A license to carry a concealed pistol or revolver is required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle.[134][135][136]

Mississippi has state preemption of many but not all firearm laws. No county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters.[137]

Lawsuits against manufacturers, distributors, or dealers for damages resulting from the lawful design, manufacture, distribution or sale of firearms are reserved to the state. However, local governments may bring suit for breach of contract or warranty or for defects in materials or workmanship.[138]

Missouri

Peaceable journey and RV law

Missouri has a "peaceable journey" under Missouri Statutes 571.030 which law says it is not illegal to carry the weapon in a passenger compartment of a vehicle as long as (1) the concealable firearm is otherwise lawfully possessed, (2) the person is 21 or older, or (3) the person is in his dwelling unit (e.g. RV) or upon premises over which the person has possession/authority/control, or is traveling in a continuous journey peaceably through this state.

The same applies (it is not a crime) when the person is 21 and possesses an exposed firearm for the lawful pursuit of game.

Open Carry

Missouri does allow open carry of firearms for those age 21 or older. However, city, county, and municipalities are allowed to pass laws and ordinances restricting this. It is advisable to check local laws and ordinances before openly carrying a firearm within Missouri.

Concealed Carry

Missouri Statute 571.070 (8/28/2007) says that unlawful for a felon (also drunkard, drug user and adjudged incompetent Person)to possession of any firearm (including concealable firearms) is a class C felony.

Missouri Statute 571.121 (8/28/2007) says (a) you have to carry permit with you when you carry the concealed weapon and if you don't have it with you, it's not a crime, but you can be fined up to $35, and (b) director of revenue issues a driver's license or a state I.D. with a CCW endorsement that reflects that you can carry concealed (and they cannot be held responsible for what you do.)

Montana

Montana has some of the most permissive gun laws in the United States. It is unique in having no state level prohibited possessor statute, although the the state preemption statute allows local governments to prohibit firearms posesssion among felons and mental incompetents.[citation needed]

Montana[139][140] is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days. Concealed carry is not allowed in government buildings, financial institutions, or any place where alcoholic beverages are served. Carrying a concealed weapon while intoxicated is prohibited. No weapons, concealed or otherwise, are allowed in school buildings. Montana recognizes concealed carry permits issued by most but not all other states. Concealed carry without a permit is generally allowed outside city, town, or logging camp limits. Transporting a firearm in a motor vehicle is legal. Open carry is also generally permitted.[141][142][143]

Montana has state preemption of most firearms laws. Local units of government may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer, ownership, possession, transportation, use, or unconcealed carrying of any weapon. However, local governments may restrict the firing of guns, or the carrying of firearms at public assemblies or in public buildings or parks.[144]

Montana has a number of restrictions on lawsuits against firearms manufacturers, dealers, or trade associations. Such lawsuits may be filed by the state, but not by local governments.[145][146]

Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and will become effective October 1, 2009. This legislation declares that certain firearms and firearms accessories manufactured, sold, and kept within the state of Montana are exempt from federal firearms laws, since they can not be regulated as interstate commerce.[147][148]

Nebraska

In Nebraska, to purchase a handgun, a permit to purchase is required. Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level. As of January 1, 2007, shall issue concealed handgun permits (CHPs) are being issued by the Nebraska state police. NFA firearms (machine guns, short barreled shotguns, short barreled rifles, and silencers) are legal to own as long as they are compliant with federal law.

In Lincoln, municipal code section 9.36.100 prohibits the possession of a firearm by anyone who has been convicted of certain misdemeanors within the last ten years. These include stalking, violation of an order of protection, impersonating a police office, and public indecency.[149] The Lancaster County Sheriff will not issue a Nebraska permit to purchase a handgun if the applicant is a Lincoln resident and is prohibited by this law from possessing firearms.[150]

Nevada

Nevada law does not require the registration of firearms. However, handgun owners in Clark County must register their concealable firearms at a law enforcement agency within an incorporated city of Clark County.[151]

Nevada is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed firearms permit to qualified applicants.[152] A person must take a class to receive the CCW concealed carry permit and must qualify by demonstrating use of the exact model handgun that the person will carry.

Nevada has an open carry law that permits a person to carry a handgun in plain view, however, there are exceptions. For instance, Clark County requires you to have a registration to open carry, and you must carry your registration with you when you are carrying a gun.

States that honor Nevada's CCW permit: Alaska, Arizona, Florida*, Idaho, Indiana, Kansas*, Kentucky, Louisiana, Michigan*, Minnesota, Missouri, Montana, Nevada, Oklahoma, South Dakota, Tennessee, Texas, Utah (*Residential Permits Only)

State CCW permits that Nevada honors: Alaska, Arkansas, Kansas, Louisiana, Michigan, Missouri, Nebraska, Nevada, Ohio, Tennessee

Nevada is a traditional open carry state with seemingly complete state preemption of firearms laws. However, several localities have passed and are illegally enforcing "Deadly Weapons" laws which conflict with the preemption laws. Were this not the case, Nevada would qualify as a "Gold Star" open carry state. Effective Oct 1, 2007 is legislation that prohibits counties/cities/towns from enacting ordinances more restrictive than state law - the legislature reserves for itself the right to legislate firearms law. This law is retroactive. Hence the more restrictive ordinances in North Las Vegas and Boulder City are null and void.

Also effective Oct 1, 2007 a CCW permittee can qualify with a revolver and thereafter carry ANY revolver (or derringer) - the permit will simply state "Revolvers Authorized"; however, one must continue to qualify with each make/model/caliber of semi auto pistols.

The CCW permit costs $105, and is valid for 5 years for residents and 3 years for non-residents.[153][154]

New Hampshire

New Hampshire does not require a license for Open Carry, but carry of a loaded pistol or revolver in a motor vehicle, or concealed, does require a license. Note that the NH license is issued for carry of a "pistol or revolver," and is not a license to carry "weapons" as exists in some other states. The NH license is issued by the local police dept at a cost of $10 for residents, and by the NH State Police at a cost of $100 for non-residents. The term of issue of the license is four years for non-residents, and at least four years for residents. [155] Turn around time is generally 1 – 2 weeks, with 14 days being the maximum time allowed by law.[156]

New Jersey

In New Jersey, firearm owners are required to get a lifetime Firearm Purchaser card for the purchase of rifles, shotguns or handguns as well as ammunition. To purchase a handgun, a separate permit is needed from the local police department for each handgun to be purchased and expires after 90 days. NJ law says that the handgun purchase permit must be issued within 30 days, but it is not uncommon for it to take several months to be issued. Capacities of semiautomatic handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds or less. New Jersey also prohibits the purchase, use and posession of hollowpoint ammunition in most circumstances. New Jersey has its own ban on various semi-automatic firearms as well.[157] Police are bound by the Assault Weapons Ban (AWB) in NJ and cannot own those firearms unless they are signed off by the Chief as used in an official capacity. They are exempt from the magazine limits when used in a duty/off duty firearm and approved by the department.

It is the express policy of New Jersey legislative and law enforcement authorities that the carrying of a handgun on one's person be strictly limited only to those earning a living through the carrying of a handgun. Theoretically, there exists a route for a civilian to legally carry a handgun, but in reality, is practically nonexistant.

Effective January 1, 2010, New Jersey will limit handgun purchases to one per 30 day period.[158]

New Mexico

New Mexico laws governing the possession and use of firearms[159][160] include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".[161]

New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."[162]

New Mexico is a "shall issue" state for the concealed carry of handguns.[163] An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age. Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber. The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category and caliber of handgun. A permit is valid for four years, but license holders must pass the shooting proficiency test every two years.[164]

New Mexico recognizes concealed carry permits issued by 20 other states: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, and Wyoming.[164]

Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, state building, school, or restaurant that serves alcohol. However, carrying of a licensed concealed weapon into a store that sells alcohol for off site consumption (ie. Grocery store, gas station, liquor store) is legal (note that "open carry" is expressly disallowed in this case[165]).

New Mexico has an "extended domain" law, which means that a person's vehicle is considered an extension of their home. It is therefore legal to carry a loaded firearm without a permit, openly or concealed, anywhere in a vehicle.[166][167] On foot, no permit is required to carry a firearm unless it is both loaded and concealed.

Concealed carry of an unloaded firearm is legal without a permit in New Mexico, except in establishments that sell alcohol.

New York

New York State, by many measures, is practically the strictest state in the nation as far as the procedure for obtaining a handgun (pistol) carry license is concerned. However, unlike many of the other extremely strict states (such as New Jersey and Illinois), once a New York State pistol license is obtained (with varying degrees of difficulty depending on the county you live in), the restrictions on carrying handguns vary greatly from pro-gun jurisdictions to anti-gun jurisdictions.

Handgun possession in New York State is strictly limited to allow only those individuals who hold a current, valid, handgun license (pistol license) issued by a jurisdiction (county or major city) within New York State to purchase, possess or carry a handgun. (NY Penal law 265.01) Pistol licenses are not issued to out-of-state residents (or even part-time residents), and no licensing reciprocity agreements with any other states exist. There are no provisions whatsoever for an out-of-state handgun owner (other than law enforcement/military) to bring a handgun to, and carry it in, New York State. Some states will recognize NY's handgun license.

Simply traveling through New York State while in possession of a handgun, for any purpose, without a New York State pistol license, is legally risky. New York State law does include a very limited exception for passing through the state for target competition purposes, but the language is exceptionally strict. Traveling through New York City, even with a license issued from another jurisdiction within New York State, must be done carefully (locked box, in vehicle's trunk, no unnecessary stops).

Application for a handgun license is through the individual's county (or major city) of primary residence, usually the police/sheriff's department, or a separate licensing authority (i.e. the "Pistol Clerk"). After initial approval on the county level, the application is then passed on to the New York State Police for further approval. The applicant will be required to ask close friends or associates to act as personal references, these individuals may be required to fill out forms, that vary in length by county, attesting to the applicant's good character. Pistol licenses can take from less than four months for approval to more than six months, but NY law only allows six months to process a license. There is no "shall-issue" provision in New York State pistol licensing law.

Pistol licenses are generally of two types, carry or premises-only (most common in New York City) issued under NY Penal Law 400. Restrictions can be placed on either type of license, for example, a number of jurisdictions allow handgun license holders to carry handguns only while in the field hunting (sportsman's license) and/or traveling to and from the range (target license). These restrictions, however, are administrative in nature; carrying a licensed, registered handgun outside of the restrictions indicated on the license should result in administrative (suspension, revocation) penalties only.

All handguns possessed within New York State (except antiques or replicas of antiques) must be registered, with each handgun's registration indicated on the owner's pistol license. All handguns, including antiques and replicas, must be registered in order to be legally loaded and fired. Some counties limit who can register a handgun on their license with some allowing cross registration of a handgun from anyone to family members only to no handgun can be cross registered. NY law does not address this issue. Sharing use of a handgun not listed on your license is only allowed at a certified range with the licensed handgun owner being present. (See NY PL 265.20 7-a) A pistol license is required to physically examine a handgun for purchase. A separate purchase document is required for each handgun purchase that is obtained by filing an amendment with the local authority.

In addition to laws pertaining to the entire state of New York, there are additional laws and statutes pertaining to licensing and permits in some of the major cities of the state; any city with a population of over 100,000 is allowed to pass additional laws. Cities with stricter laws include Albany, Buffalo, Rochester and New York City.

The cost and renewal of handgun licenses vary from county to county. Importantly, concealed carry handgun licenses issued in New York City are valid in the rest of the state however premises-only licenses are not valid in the rest of the state. All Concealed carry licenses issued outside of New York City are valid throughout New York State except New York City.

Restrictions on New York State handgun licenses vary wildly from jurisdiction to jurisdiction. For example, it is practically impossible to be issued a carry pistol license in New York City, unless the license applicant is a celebrity or employed in the security industry. Most licenses issued in New York City are for on-premises possession only, carrying to and from the range must utilize a "locked-box". Periodic renewal fees, even on restricted carry licenses, are highly prohibitive as well. Nassau, Suffolk, Westchester and several other suburban counties are only slightly less prohibitive, allowing a highly restricted "to and from the range only" form of concealed carry.

In contrast to "practically no carry" New York City, and some county Judges who only issue "to and from target shooting, hunting and fishing" licenses, many upstate New York counties issue "unrestricted" handgun licenses that allow unrestricted concealed carry of a loaded handgun (except for important exceptions such as schools, court houses/rooms, secure areas of airports). Some of the most rural upstate counties (such as Delaware County) specifically do not enforce the "concealed" language in New York State's licensing law, thereby effectively allowing open carry.

Paradoxically, except for visiting New York City (which effectively invalidates any carry license), the restrictions (or lack thereof) as they appear on the license stay with the license as the individual travels from region to region within the state. For example, the holder of a Delaware County pistol license (unrestricted carry) can carry his handgun into a diner in Suffolk County, while his Suffolk County friend cannot. Most counties in NY issue "lifetime" licenses: PL400.00 - 10. License: expiration, certification and renewal. Elsewhere than in the City of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver, ..., shall be in force and effect until revoked as herein provided. Renewable licenses last from the 3 year NY City's license to 5 years in other counties with NY Cities license costing $340 every 3 years.

This striking dichotomy in New York State handgun license policies (upstate rural/downstate urban) is an outgrowth of three specific cultural forces; the strength of home rule in New York State, the prevalence of conservative political forces upstate, as well as the gun culture during the various hunting seasons in the rural counties. Not all of the most pro-gun counties of New York are particularly far from New York City either, many a tourist getting away from New York City for a weekend trip to the country has been quite surprised at the prevalence of openly carried firearms of all types only several hours from home.

Rifles and shotguns do not have to be registered in any jurisdiction within New York State except for New York City, which requires registration. Laws pertaining to the handling of rifles and shotguns are in sharp contrast to those of handguns. For example, licensed carry of a handgun on one's person allows the handgun to be fully loaded, including within an automobile, while visiting a place of business or while crossing a public road while hunting. A rifle or shotgun cannot be kept loaded in any of the above circumstances except for a self defense emergency. A range officer would not normally take exception to a target shooter driving to the range and entering the parking lot carrying a licensed, loaded, holstered handgun; doing so with a loaded rifle or shotgun would cause quite a stir.

Most handgun licenses are issued under 3 sections of NY PENal law 400 section 2:

(a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; ... (f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof;

Section 2 f (above) is the section of NY law that most people are issued a handgun license under including the made up, "Sportsman's license" that some counties call their restricted license. This section only allows "have and carry concealed" so open carry in NY State is not allowed however some police departments in some counties may choose to ignore someone who does open carry.

NY PENal law: 265.20 section 7-e allows for youth between 14 and 21, inclusive, to shoot a handgun at a range as long as several simple requirements are met.

New York State is a particularly interesting case, because New York separates all of New England from the bulk of the United States. This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with firearms must have them unloaded and locked in a hard case where they are not readily accessible (e.g. in the trunk of a vehicle) and can never be in possession of a high capacity feeding device made post ban.

New York State has a ban that is an almost exact mirror of the Federal Assault Weapons Ban, except that it does not have a sunset provision.

Most of New York State gun laws are covered in two sections of New York Penal law. Article 265 - (265.00 - 265.40) FIREARMS AND OTHER DANGEROUS WEAPONS; Weapons Crimes, Firearms and Other Dangerous Weapons, list definitions and legal violations. This sections includes the banning of possession of a handgun, ("firearm" under definition 3,) by anyone in New York State. Section 265.20 includes exemptions to the handgun ban including to those who have a license issued under Article 400 - (400.00 - 400.10) LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS; Licenses to Carry, Possess, Hunting and Target, Repair and Dispose of Firearms.

New York State requires that anyone buying a gun at a gunshow must have a background check done.

North Carolina

To acquire a handgun in North Carolina (including private sales, gifts, and inheritance) an individual must go to the county sheriff's office in the county in which they reside and obtain a pistol purchase permit. This is not required if one has a CCW (Carrying a Concealed Weapon) permit.[168] State law requires the applicant to appear in person with government ID, pay a $5 fee, undergo a background check similar in scope and scrutiny to NICS, and have a reason for owning a pistol (hunting, target shooting, self defense, or collecting). Because there are 100 different county sheriffs in North Carolina, there are different sets of rules and requirements for obtaining such a permit, which can be determined arbitrarily by the local sheriff. Some sheriffs impose other restrictions such as a limit on the number of permits applied for at a time, waiting periods, and/or proof of good moral character (a witness or references, in some cases notarized with affidavits).[169][170][171][172][173] This requirement is a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from obtaining handguns.[174]

Durham County requires the registration of handguns. In accordance to North Carolina Law, no other county or local government may require handgun registration.[174]

North Carolina is a "shall issue" state for the concealed carry of handguns. Application for a concealed carry license is made through the local county sheriff's office. Applicants must complete a state approved training course. A CCW license is valid for a period of five years. Regardless of the possession of a CCW permit, absolutely no person may possess a concealed weapon at any government-run facility or any educational establishment.[175]

North Carolina honors concealed carry permits issued by Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia. North Carolina's permit is valid in approximately thirty states, more than any other CCW permit.[176][177]

Open Carry is also legal throughout North Carolina except within the town of Cary, which forbids it by local ordinance. In the city of Chapel Hill, open carry is restricted to guns of a certain minimum size, under the theory that small, concealable weapons are more often associated with criminal activity. No permit is required to carry a weapon openly in North Carolina.

North Dakota

North Dakota[178] is a "shall issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) shall issue a concealed weapon permit to a qualified applicant. The applicant must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check before forwarding the application to the BCI. The permit is valid for three years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle. Concealed carry is not allowed in an establishment that sells alcoholic beverages or in a gaming site. Concealed carry is also not allowed, unless permitted by local law, at a school, church, sporting event, concert, political rally, or public building.[179][180][181][182]

North Dakota has state preemption of firearms laws. No political subdivision may enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law.[183]

Firearms manufacturers, distributors, and sellers are not liable for any injury suffered because of the use of a firearm by another. However, they may be sued for breach of contract or warranty, or for defects or negligence in design or manufacture.[184]

Ohio

In April 2004, Ohio's concealed carry statute went into effect. The law (Ohio Revised Code 2923.12, et seq.) allows persons 21 and older to receive a concealed handgun license provided that they receive a minimum of 12 hours of handgun training (10 hours of classroom instruction and 2 hours of range time) from a certified instructor, demonstrate competency with a handgun through written and shooting tests, pass a criminal background check, and meet certain residency requirements.[185]

The licenses are issued by county sheriffs.

The statute prohibits any person with any drug conviction from receiving a license, as well as any person convicted of a felony and those who have been convicted of certain misdemeanor crimes of violence within three years (ORC 2923.125).

The law contains language that asserts it is a "law of general application" and thus supersedes any local ordinances that are more restrictive than state law. However, as of July 2006, at least two court cases brought by municipalities are challenging this language as being in violation of Ohio's Constitution, both of which have been denied by appeals courts as having no "merit" and being in direct violation of Section 3, Article XVIII of the Ohio Constitution. Often called the “home rule” amendment, Section 3, Article XVIII states that municipalities “shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.” A law is a general law if it complies with the following:

1. What is a General Law? To constitute a general law for purposes of the Home Rule Amendment, a statute must (1) be part of a statewide and comprehensive legislative enactment (2) apply to all parts of the state alike and operate uniformly throughout the state (3) set forth police, sanitary, or similar regulations, rather than merely grant or limit legislative power of a municipal corporation to set forth police, sanitary, or similar regulations (4) prescribe a rule of conduct upon citizens generally. City of Canton v. State (2002), 95 Ohio St. 3d 149, 766 N.E.2d 96

Courts have found that the new CCW rules fall under all of the above requirements.

Ohio's concealed handgun law allows for reciprocity with other states with "substantially comparable" statutes, and to date Ohio has reciprocity with 21 other states. States that honor this state's Permit/License are listed below with 26 more in discussions about reciprocity:

An Ohio CCW license does not allow totally unfettered carry. Any owner of private property can ban concealed handguns by posting a sign in clear view, and most government buildings are off-limits as well as hospitals and schools and most religious places as long as they are clearly marked (to be clearly marked, you MUST have a sign clearly posted by your entrances). Ohio statute ORC 2923.16 allows for three ways for a licensee to carry a concealed handgun in a motor vehicle (which includes motorcycles):

  • In a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover or closing mechanism must be opened for a person to gain access to the handgun;[186]
  • In a closed glove compartment or console, or in a case that is locked;[186]
  • In a holster secured on the person.[186]

This is a change from the earlier version of the bill that required the weapon to be in a locked box or in plain sight and secured to the person.[185]

On 2006-11-29, the Ohio legislature approved Amended Substitute House Bill 347. This bill would preempt all firearms regulation, thus removing any doubt as to the validity of local regulation of firearms, as well as relaxing the requirements for carrying a weapon in a vehicle. This bill removed the requirement for plain sight if the gun was holstered or in a locked container, and allowed carry in an unlocked but closed or latched container if in plain sight.[187]

Oklahoma

When carrying a firearm with a concealed carry license, the handgun must be completely concealed. Under 21 O.S. § 1290.6 it is illegal to carry a handgun larger than .45 caliber pursuant to the Oklahoma Self-Defense Act (licensed concealed carry).

Oregon

In Oregon, the right to bear arms is protected by Article 1, Section 27 of the state constitution.[188]

Oregon is a shall-issue concealed-carry state[189] and is notable for having very few restrictions on where a concealed firearm may be carried.[190] Oregon also has statewide preemption for its concealed-carry laws—meaning that, with limited exceptions, counties and cities cannot place limits on concealed-carry beyond those provided by state law.[191]

Oregon is also an open-carry state,[192] but preemption does not apply to open carry, so cities and counties are free to limit public possession of firearms by individuals who do not have a concealed carry permit.[193] The cities of Portland, Beaverton, Tigard, Oregon City, Salem, and Independence have banned loaded firearms in all public places.[194]

Pennsylvania

In a "city of the first class" (The number of residents equals 1 million or more. Philadelphia is the only such city in Pennsylvania), a license to carry a firearm (LTCF) is also needed to openly carry a firearm (unconcealed). There are multiple times when carrying a gun without a license is allowed like going hunting or to the firing range, but unless your activities fall under one of these exceptions, a license is required to carry a handgun. Nonetheless, all Pennsylvania LTCF permits are valid in Philadelphia.[195][196][197]

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No --- No
Firearm registration? No No --- No
"Assault weapon" law? No No --- No
Owner license required? No No --- No
Carry permits issued? No Yes --- *See note above
State Preemption of local restrictions? Yes Yes --- ---
NFA weapons restricted? No No --- Ban on explosive destructive devices.

Rhode Island

Although Rhode Island is a shall issue state by the 'local licensing authority' (RI Gen Law 11-47-11), they will revert you to the Attorney General when applying which is a MAY issue licensing authority (RI Gen Law 11-47-18). The local Police Chief has to sign ones application to 'verify residency' before one can submit the application to the attorney general. But, before he signs the application he may have you take an NRA Safety Course from a Certified NRA Instructor within the state. After one receives the training, the local B.C.I. unit may also make you wait four to six weeks to get ones fingerprints on a F.B.I. card needed for a new application. The whole process could take around three to four months before you can submit the application for consideration and then you will be told to allow up to ninety days for a response.

South Carolina

South Carolina is a "shall issue" concealed carry permit state. South Carolina also has "Castle Doctrine" legal protection of the use of deadly force against intruders into one's home, business, or car. Open carry is not allowed, but no permit is required to carry a loaded handgun in the console or glove compartment of a car. As of September 12, 2008, states with which South Carolina has reciprocity are: Alaska, Arizona, Arkansas, Florida, Kansas, Kentucky, Louisiana, Michigan, Missouri, North Carolina, Ohio, Texas, Tennessee, Virginia, West Virginia, and Wyoming.[198][199]

South Carolina law also now supports a "stand your ground" philosophy under the "Protection of Persons and Property Act" SECTION 16-11-440(C) with the following language. The act was apparently ruled non-retroactive in State v. Dickey.[200]

A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

South Dakota

South Dakota is a "shall issue" state for concealed carry. The local county sheriff shall issue a permit to carry a concealed pistol to qualified applicants. A temporary permit shall be issued within five days of the application. Concealed carry is not permitted at an elementary or secondary school, in a courthouse, or in any establishment that derives over half of its income from the sale of alcoholic beverages. For non-residents, South Dakota recognizes valid concealed carry permits from any other state.[201][202][203][204]

Open carry is legal in South Dakota and does not require a concealed pistol permit. Firearms may be transported in vehicles if they are clearly visible.

When buying a handgun from a Federal Firearms License (FFL) holder, an application to purchase a handgun must be filled out by the buyer and submitted to the local police by the seller. Beginning June 1, 2009, anyone who passes the federal background check will be able to take possession of any firearm immediately, per SB0070.[205]

South Dakota has state preemption of firearms laws. Units of local government may not restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.[206] Firearms manufacturers, distributors, and sellers are not liable for injury caused by the use of firearms.[207]

Tennessee

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No* Yes T.C.A. 39-17-1351 Permits are "shall-issue". Concealed or open carry of a handgun is allowed with permit. *Loaded long gun carry is generally illegal. Those with a HCP may have loaded longs in a private vehicle so long as there is not a round in the chamber T.C.A. 39-17-1307(e) There are also other exceptions (like for hunting) listed in 39-17-1307
State Preemption of local restrictions? Yes Yes T.C.A. 39-17-1314 Local governments may post signs per T.C.A. 39-17-1359

to prohibit carry on government property, just like private property owners.

NFA weapons restricted? No No None
Peaceable Journey laws? No No None Federal rules observed.
Self-Defense Law - - T.C.A. 39-11-611 There is not duty to retreat before using deadly force, as long as you are acting lawfully and are in a place you have a right to be in. It is presumed you had a reasonable fear of imminet death or serious bodily injury if someone unlawfully and forcibly enters a residence, business, dwelling or vehicle.

Places off-limits even with a Handgun Carry Permit

Location Relevant Statutes Notes/Exceptions
Places open to the public that serve alcohol for onsite consumption T.C.A. 39-17-1305 Carry is legal if the place is a restaurant as defined in 39-17-1305(c)(3)(B) and you are not consuming alcohol
Any room where a judicial proceeding is taking place T.C.A. 39-17-1306 If a proceeding is not taking place in a courtroom, then carry would be legal. If a judical proceeding is taking place in any room, say a hospital room, then carry would be illegal
Schools T.C.A. 39-17-1309 Carry is legal if you are entering the property soley to pick up or drop off passengers and you do not remove, utilize or allow to be removed or utilized the weapon from the vehicle. T.C.A. 39-17-1310(4)
Some local Public Parks T.C.A. 39-17-1311 If you have a HCP carry in State and local parks is legal by default. However Local governments per 39-17-1311(d) may vote to make carry illegal in the parks under their control. If a local park is being used for a school activity, then it is off-limts per 39-17-1309 during the activity. See TN AG Opinions 09-129 & 09-160
Any area/building/property posted with a sign per 39-17-1359 T.C.A. 39-17-1359 The code says the wording of the sign must be "substantially similar" to that used in the code not exact, however it has never been legally defined what substantially similar means. See TN AG Opinion 07-43


Tennessee State Constitution, Article I, Section 26, reads:

That the people have the right to keep and bear arms for their common defense; but the Legislature shall have the power, by law, to regulate the wearing of arms with a view to prevent crime.

State supreme court rulings and state attorney general opinions interpret Section 26 to mean regulation cannot and should not interfere with the common lawful uses of firearms, including defense of the home and hunting, but should only be aimed at criminal behavior. "Going armed", carrying any sort of weapon for offense or defense in public, is a crime, except carrying a handgun for defense is allowed with a state-issued permit. At one time, Tennessee required a purchase permit for a handgun approved by one's city police chief or county sheriff with a fifteen-day waiting period; that was replaced under the federal Brady Act with the Tennessee Instant Check System (TICS).

Texas

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None
Firearm registration? No No None
"Assault weapon" law? No No None
Owner license required? No No None
Carry permits issued? No Yes GC Ch. 411 Subch H, PC 46.15 Concealed carry of a handgun requires a "shall-issue" permit. Open carry of a handgun is prohibited with some exceptions (hunting, on one's own property). Open carry of a long gun is generally legal as PC 46.02 (unlawful carry of weapons) only mentions handguns.
State Preemption of local restrictions? Yes Yes Const. 1.23, PC 1.08 "... the Legislature shall have the power, by law, to regulate the wearing of arms, with a view to prevent crime." In addition (PC 1.08), no lower level of government may pass a law that penalizes any conduct which is specifically covered by the State statutes.
NFA weapons restricted? No No None
Peaceable Journey laws? Yes Yes PC 46.02, PC 46.15 A person may carry a concealed, loaded handgun without a permit while in or heading directly to a car they own or control.
Castle Doctrine? Yes Yes PC 9.32 A person is presumed justified in using deadly force to protect themselves against an unlawful, forceful intrusion into their dwelling. There is no duty to retreat from any place where the shooter has a legal right to be.

Texas has no laws regarding possession of shotguns, or rifles by persons 18 years or older without felony convictions; 21 years or older for handguns. NFA weapons are also only subject to Federal restrictions; no State regulations exist. Municipal and county ordinances on possession and carry are generally overridden (preempted) due to the wording of the Texas Constitution, which gives the Texas Legislature (and it alone) the power to "regulate the wearing of arms, with a view to prevent crime".[208] Local ordinances on discharge of a firearm are generally allowed under this pre-emption.

A rifle, shotgun, or other long-barreled firearm may be carried openly, although there is debate as to whether doing so constitutes "disorderly conduct" (which defines an offense, in part, as "displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm"). Open carry of a handgun in public is generally illegal in Texas; exceptions include when the carrier is on property he/she owns or has lawful control over, while hunting, or while participating in some gun-related public event such as a gun show. A permit to carry concealed is thus required to carry a handgun in public. Concealed carry permits are issued on a non-discretionary basis ("shall-issue") to all qualified applicants. In addition, Texas recognizes most out-of-state concealed-carry permits.

The concealed handgun law sets out the eligibility criteria that must be met. For example, an applicant must be qualified to purchase a handgun under the state and federal laws. Additionally, a number of factors may make a person ineligible (temporarily or permanently) to obtain a license, including: felony convictions (permanent) and Class A or B misdemeanors (5 years, permanent in cases of domestic violence), including charges that resulted in probation or deferred adjudication, pending criminal charges (indefinite until resolved), chemical or alcohol dependency (defined as 2 convictions for substance-related offenses; 10-year ban from the date of the first conviction), certain types of psychological diagnoses (indefinite until the condition is testified by a medical professional as being in remission), protective or restraining orders (indefinite until rescinded), or defaults on taxes, governmental fees, student loans or child support (indefinite until resolved).[209] This last category, though having little to do with a person's ability to own a firearm, is in keeping with Texas policy for any licensing; those who are delinquent or in default on State-regulated debts are generally barred from obtaining or renewing any State-issued license, as an incentive to settle those debts.

A person wishing to obtain a CHL must also take a State-set instruction course covering topics such as applicable laws, conflict resolution, and handgun safety, and pass a practical qualification at a firing range with a weapon of the type they wish to use (revolver or semi-automatic) and of a caliber greater than .32". They may then apply, providing a picture, fingerprints and other documentation, to the DPS, which processes the application, runs a background check, and if all is well, issues the permit.

On March 27, 2007, Governor Rick Perry signed Senate Bill 378 into law, making Texas a "Castle Doctrine" state which came into effect September 1, 2007.[210] Residents lawfully occupying a dwelling may shoot a person who "unlawfully, and with force, enters or attempts to enter the dwelling", or who removes or attempts to remove someone from that dwelling, or who commits or attempts to commit a "qualifying" felony such as burglary, arson, rape, aggravated assault, robbery or murder. In addition, a shooter who has a legal right to be wherever he/she is at the time of a defensive shooting has no "duty to retreat" before being justified in shooting; the "trier of fact" may not consider whether the person retreated when deciding whether the person was justified in shooting.

Gov. Perry also signed H.B. 1815, a bill that allows any Texas resident to carry a concealed handgun in the resident's motor vehicle without a CHL or other permit.[211] Chapter 46, Section 2 of the Penal Code states that it is in fact not "Unlawful Carry of a Weapon" for a person to carry a weapon while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities; and (3) the carrier cannot be a member of a criminal gang.[212][213]

Possession of automatic firearms, short-barreled shotguns or rifles, or silencers is permitted, if the weapons have been federally registered in accordance with the National Firearms Act.[208]

Utah

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None Utah charges a $7.50 fee for an instant background check. This fee is waived for persons with a Utah issued Concealed Firearm Permit.
Firearm registration? No No None
"Assault weapon" law? No No None
Owner license required? No No None
Carry permits issued? Yes Yes 53-5-704 Division duties—Permit to carry concealed firearm.

The division or its designated agent shall issue a permit to carry a concealed firearm for lawful self defense to an applicant who is 21 years of age or older within 60 days after receiving an application, unless during the 60-day period the division finds proof that the applicant is not of good character.

State Preemption of local restrictions? Yes Yes 53-5-102 Uniform firearm laws.

"... All authority to regulate firearms is reserved to the state except where the Legislature specifically delegates responsibility to local authorities or state entities. Unless specifically authorized by the Legislature by statute, a local authority or state entity may not enact, establish, or enforce any ordinance, regulation, rule, or policy pertaining to firearms that in any way inhibits or restricts the possession or use of firearms on either public or private property.

NFA weapons restricted? No No 76-10-505.5 The only mention of NFA weapons in Utah law is possession of a sawed-off shotgun on school premises. The penalty is the same as a normal firearm, and there is an exemption for concealed firearm permit holders.
Peaceable Journey laws? Yes Yes 76-10-523 Persons exempt from weapons laws.

(g) a nonresident traveling in or through the state, provided that any firearm is: unloaded; and securely encased as defined in Section 76-10-501. Handguns may be loaded in any vehicle under the persons control.

Castle Doctrine? Yes Yes 76-2-402 Force in defense of person—Forcible felony defined.

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.

Utah allows for open carry of unloaded firearms without a concealed firearm permit. "Unloaded" as it applies here, means that there is no round in the firing position, and the firearm is at least two "mechanical actions" from firing. As carrying the firearm with the chamber empty, but with a full magazine, meets this definition (the handler must chamber a round, and then pull the trigger), this is a common work around for Utah residents who do not wish to acquire a permit. Without the permit, the firearm must be clearly visible. Utah requires a permit to carry a concealed firearm. With a permit, a person may carry a firearm with a loaded chamber either openly or concealed. Utah will honor a permit issued by any state or county.

Utah law allows for a "Non-Resident" Concealed Firearm Permits to be issued. The Utah Concealed Firearm Permit is valid in thirty-four states across the US. However there are several states that have passed statutes that do not honor a "Non-Resident" permit. For example, Colorado will honor Utah's permit, but the permitee must be a resident of Utah for his permit to be valid. Utah concealed firearm permits are "shall issue" and will be issued to anyone meeting the requirements.

Utah law recognizes a permit to carry a concealed firearm issued by any state or county (76-10-523(2)(b)).[214]

Utah is a "Stand Your Ground" state, in which there is no duty to retreat before use of deadly force, the person reasonably believes that a perpetrator is going to commit a forcible felony in the habitation, and that the force is necessary to prevent the commission of the felony.[215]

In Utah a person may carry firearms in many places not allowed by other states, including (but not limited to): banks, bars, and state parks. With a valid Utah concealed firearm permit you may also carry in schools (K-12 and public colleges). Utah's Uniform Firearm Laws expressly prohibits public schools from enacting or enforcing any rule pertaining to firearms. Accordingly, Utah is the only state in the Union that requires public schools to allow lawful firearms possession. [216]

Utah weapon laws can be found at the Utah State Legislature home page.

Vermont

Vermont has very few gun control laws. Gun dealers are required to keep a record of all handgun sales. It is illegal to carry a gun on school property or in a courthouse. State law preempts local governments from regulating the possession, ownership, transfer, carrying, registration or licensing of firearms.[217]

The term "Vermont Carry" is used by gun rights advocates to refer to allowing citizens to carry a firearm concealed or openly without any sort of permit requirement. Vermont law does not distinguish between residents and non-residents of the state; both have the same right to carry while in Vermont.

The Vermont constitution of 1793, based partly on the U.S. Constitution and Bill of Rights, guarantees certain freedoms and rights to the citizens: "That the people have a right to bear arms for the defence of themselves and the State — and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power."[218]

Virginia

The right to keep and bear arms is protected by the Constitution of Virginia.

The Constitution of Virginia: Article I, Section 13. Militia; standing armies; military subordinate to civil power.

That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

[219]

There is State preemption of local firearm laws.[220]

Localities may regulate:

  • The discharge of firearms.[220]
  • The transportation of a loaded rifle or shotgun.[221]
  • Fingerprinting for concealed handgun permits, though fingerprints may not be kept and must be destroyed or returned to the applicant following the background check.[222]
  • The governing body of any county may require sellers of pistols and revolvers to furnish the clerk of the circuit court of the county, within ten days after sale of any such weapon, with the name and address of the purchaser, the date of purchase, and the number, make and caliber of the weapon sold.[223]
  • The use of pneumatic guns.[224]

The following firearms are prohibited in Virginia:

  • "Sawed-off" shotgun or rifle (<18" smooth bore barrel, <16" rifled barrel).[225][226]
    • Overall length of a rifle must be >26".
  • Striker 12, aka "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells.[227]
  • NFA34 weapons are allowed under Virginia state law but machine guns must be registered with the Virginia State Police[228].

Firearms are prohibited from the following places:

  • Places of religious worship, without good and sufficient reason.[229]
  • Any courthouse.[230]
  • An air carrier airport terminal.[231]
  • Loaded firearms that hold more than 20 rounds, or a shotgun that holds more than 7 shells, on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.[232]
  • The property of any public, private or religious elementary, middle or high school, including buildings and grounds; that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or any school bus owned or operated by any such school.[233] Although a person with a Concealed Handgun Permit is allowed to have their weapon with them on school property so long as they remain inside a vehicle. Should they exit the vehicle, the firearm must remain inside the vehicle while on school property.
  • Concealed handguns are prohibited from any restaurant or club that is licensed to sell alcohol for on-premises consumption.[234] Openly carried handguns are permitted in such places.
  • Private property where prohibited by the owner.[235]

The following persons are prohibited from possessing a firearm in Virginia:

  • ...acquitted by reason of insanity.[236]
  • ...adjudicated legally incompetent, mentally incapacitated,[237]
  • ...involuntarily admitted to a facility or ordered to mandatory outpatient treatment.[238]
  • ...subject to protective orders.[239]
  • ...convicted of certain drug offenses; for a period of five years.[240]
  • ...who have been convicted of a felony, kidnapping, robbery by the threat or presentation of firearms, or rape.[241]
  • ...not a citizen of the United States or who is not a person lawfully admitted for permanent residence.[242]
  • ...under the age of 18; while outside of his home or property without parental permission and adult supervision.[243] A child over the age of 12 may use a firearm while unsupervised, in a place they have been granted permission by the property owner, if the child has been authorized by a parent, guardian,or a person twenty-one years or over is to supervise the child in the use of a firearm.[244]

Concealed firearms

Virginia shall issue a Concealed Handgun Permit (CHP) to any qualified person, 21 years of age or older who applies in writing to the clerk of the circuit court of the county or city in which he resides.[245] Virginia also issues non-resident permits to qualifying individuals.[246] The permit may cost no more than $50 for residents, and $100 for non-residents.[247] The permit is valid for five years, but can be revoked for unlawful activities. The CHP does not permit the carrying of any concealed weapons enumerated in § 18.2-308 except a handgun. A CHP holder may not carry a concealed weapon into a restaurant or club licensed to serve alcohol for on-premises consumption. A CHP holder, while carrying a concealed handgun, may not be under the influence of alcohol or illegal drugs. A conviction of driving while intoxicated [§ 18.2-266] or public intoxication [§ 18.2-388] are examples of prima facie evidence that the person is "under the influence." Virginia maintains concealed handgun permit reciprocity with other States and recognizes some licenses from other States without a formal reciprocity agreement.[248] The list of such states is maintained by the Virginia State Police.[249]

The following persons are prohibited from applying for a concealed handgun permit:[250]

  • Any prohibited person enumerated above.
  • Persons under the age of 21.
  • An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor.
  • An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.
  • An individual who has been convicted of stalking.
  • An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.
  • An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.

Virginia Concealed Handgun Permit (CHP) holders excemptions

  • One handgun a month law[251]
  • Carrying a semi-automatic center-fire rifle or pistol loaded with 20 rounds or more in certain, prohibited, public areas. [232]
  • Gun Free School Zone act, CHP holders are allowed to have guns on school grounds in their personal vehicles as long as they stay in the car and the gun remains concealed[252][253]
  • General College Carry Restrictions[254]
  • Ban regarding firearms in VA General Assembly.
  • Ban of firearms from State parks.[255][256]

Purchasing of firearms

  • A person may not sell or otherwise furnish firearms to any person he knows is prohibited from possessing or transporting a firearm pursuant to § 18.2-308.1:1, 18.2-308.2, subsection B of § 18.2-308.2:01, or § 18.2-308.7.[257]
  • Dealers must perform a criminal background check.[258]
  • Non-residents may purchase long guns and handguns, but a handgun purchase requires a report from the Department of State Police.[259]
  • One handgun per 30-day period.[260]
    • Except:
      • With an enhanced background check.
      • Law enforcement, security companies,
      • A person whose handgun has been lost or stolen.
      • When a handgun is traded in at the same time as one is purchased.
      • A person who holds a valid CHP.
      • A person conducting private purchases.

Open Carry

  • Legal when the firearm is not hidden from common observation.[261]
  • The minimum age to Open Carry (OC) is 18.
  • It is more common in rural areas of Virginia.
  • It is uncommon in urban areas, but not unheard of nor illegal.
    • Local law enforcement in some areas have been known to stop and question individuals openly carrying firearms.
  • It is legal to openly carry in a vehicle.
  • Since concealed carry is prohibited in restaurants and clubs that serve alcohol, it is common for someone carrying a concealed firearm to tuck their shirt behind the butt of their handgun when they enter the premises. This is known as the "Virginia Tuck."

Washington

Washington is one of the original "shall issue" states. The county sheriff or city police chief shall issue a concealed pistol license to any applicant, age 21 or older, who meets certain requirements, including no felony convictions, no misdemeanor domestic violence convictions, and no outstanding warrants.[262][263] Open carrying of firearms is not prohibited by law although trouble with some law enforcement agencies has been encountered while open carrying in the past, most notably in a case in Ellensburg, Washington.[264]

Currently, there is a growing movement towards open carry in Washington. In Washington, there was a tremendous amount of disinformation among law enforcement officers, gun store employees, and firearms instructors about RCW 9.41.270.

In December 2005, activists Lonnie Wilson and Jim March went to the state archives in Olympia to research the origins of the law. March, with his experience in researching gun control laws created out of racial discrimination and strife in California, surmised during a conversation with Wilson, that due to the year it was passed, it was likely due to "Panther paranoia." March was proven correct.

The law, passed in 1969, was passed in response to incidents involving the Seattle Chapter of Black Panther Party at Rainier Beach High School and the Protest of the Mulford Act by the main organization in the California Assembly.

Since the Washington State Constitution contains an individual right-to-keep-and-bear-arms provision (Article 1, Section 24), the Washington Legislature revised the bill that was debated to remove the "within 500 feet [152 m] of a public place" provisions and left the current statute as is. There were points of debate about whether this could be interpreted as an open-carry ban, to which the sponsors of the bill replied that it was a ban against the type of intimidation that the Black Panther Party engaged in at Rainier Beach and the California Assembly, not an open-carry ban.

Many law enforcement personnel, a generation removed from the events and discussions of the Legislature when the law was created and without much guidance, interpreted the law passed as an open-carry ban that is situational to someone making a 911 phone call. This interpretation spread to gun store employees and firearms instructors, who have a lot of personal interaction with law enforcement.

Using the information from the state archives, Wilson pursued the issuance of guidance and memorandums to individual officers by police administrators. After one of these bulletins was issued by one department, Wilson acquired the bulletin by a public-records request, used the training bulletin as a template, and approached most police departments throughout the state. To this day, over a dozen major departments, including the King County Sheriff's Department and the Seattle Police Department, have issued advisories and roll call training to their officers that peaceable open carry of a handgun in a holster is legal.

As a general rule, a person may legally open-carry in Washington State in any place it is legal to possess a loaded handgun. To open-carry in a vehicle (i.e., car, bus, etc...) a person must have a valid concealed pistol license. Some police agencies can be unfriendly towards open-carry, so it is important that before a person exercises their right to bear arms in this fashion they acquaint themselves with relevant laws.

Prohibited areas for firearms are contained in RCW 9.41.300, RCW 9.41.280, and RCW 70.108.150.

Per RCW 9.41.290 (state preemption of firearm laws), divisions of local government (city, county, town, or other municipality) cannot regulate firearms more restrictively than the state does. Exceptions to state preemption — that is, areas in which local governments are allowed to regulate firearms — are contained in RCW 9.41.300. These exceptions include:

  • "Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others."
  • "Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, except that such restrictions shall not apply to [concealed pistol license holders, law enforcement officers, or any] showing, demonstration, or lecture involving the exhibition of firearms."
  • "Restricting the areas in their respective jurisdictions in which firearms may be sold."

Several localities (including transit agencies) who had wrongfully enforced preempted local ordinances and rules have been challenged by activists in the open-carry movement (who are most directly affected by the enforcement of such ordinances) and have since backed down from enforcement and directed their police departments no longer to enforce the ordinances and rules.

Washington allows ownership of a firearm silencer, but using one is prohibited by RCW 9.41.250(1c) which makes it a gross misdemeanor to "Use any contrivance or device for suppressing the noise of any firearm."

Washington is a "Stand Your Ground" state, in which there is no duty to retreat in the face of what would be perceived by an ordinary person to be a threat to themselves or others by another person that is likely to cause serious injury or death.

It is a Class C felony for a non-citizen to possess a firearm in Washington without an Alien Firearm License. [265] Washington had stopped issuing Alien Firearm Licenses due to a problem obtaining background checks, but a court ordered the Washington State Department of Licensing to resuming issuing the licenses after a lawsuit was filed by the National Rifle Association and Second Amendment Foundation on Second Amendment grounds.[266]

It is a gross misdemeanor to aim a firearm "whether loaded or not, at or towards any human being".[267]

Washington State accepts concealed-weapons permits from the following states: Louisiana, Michigan, Mississippi, North Carolina, Ohio, Oklahoma, and Utah.[268]

Washington State law also carves exemptions into state law regarding Concealed Pistol Licenses. Perhaps the most interesting is RCW 9.41.060, section 8: "Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;"[269]. This little known law essentially allows vehicle and concealed carry WITHOUT a CPL as normally required in 9.41.050 as long as you meet the provisions of that section.

West Virginia

Subject/Law Long guns Handguns Relevant Statutes Notes
State permit to purchase? No No None
Firearm registration? No No None
"Assault weapon" law? No No None
Owner license required? No No None
Carry permits issued? No Yes §§ 61-7-3, 4, 5, 6 Concealed carry of pistols and revolvers allowed with permit, except in one's home or place of work.
State preemption of local restrictions? Yes Yes § 7-1-3 Some local restrictions are grandfathered.[270]
NFA weapons restricted? No No None
Peaceable journey laws? No No None Federal rules observed.

In West Virginia permits aren't required to possess handguns. A permit test must be passed and a license acquired to carry a concealed handgun. West Virginia also allows open carry. State laws are preempted, but there still remain grandfathered restrictions on open carry in some localities, such as Charleston[270] and Dunbar. The SB 716 is a proposed senate bill which would amend the law to remove those restrictions.[271][272]

West Virginia enacted the castle doctrine on April 10, 2008.[273]

Wisconsin

Wisconsin is one of two states that completely prohibit concealed carry by private citizens.[274] Open carry is legal except where prohibited by law (government buildings, schools, and establishments that sell liquor) but, in the words of one Wisconsin resident, "you will attract the attention of every police officer in the area."[275] Some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. Inside vehicles, the firearm must be both unloaded and encased; having a loaded firearm on the front seat was held to be concealed and therefore illegal in a 1994 case. Bills to enact "shall-issue" were twice vetoed by Governor Jim Doyle in January 2004 and again in January 2005 after passing in both houses of the Wisconsin legislature. In 2005, the Assembly fell two votes short of overriding Doyle's veto.

Other laws

Possession of a firearm while intoxicated, shooting within 100 yards (91 m) of a home without permission, pointing a weapon at anyone except in self-defense, and negligent handling of a weapon are all outlawed. Statute 941.20

Carrying a concealed weapon is a class A misdemeanor, state statute 941.23. This is any "weapon", not just firearms. Knives are legally defined as "dangerous weapons".

Going armed in any building owned/leased by the government is a class A misdemeanor, state statute 941.235.

Carrying a handgun where alcohol is sold/consumed is generally a class A misdemeanor, state statute 941.237.

Armor-piercing ammunition prohibited in handguns when committing a crime. Statute 941.296.

"No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person", unless on your own property or business, or that of another person with their consent. Statute 941.2965.

Wisconsin has a state pre-emption law that generally forbids cities from passing firearms ordinances more strict than that of state law. Statute 66.0409. This doesn't affect zoning regulations, which is why only one Madison gun shop sold handguns. That shop, along with others as well as the only gun club in Middleton, have closed.

Committing a crime while possessing a dangerous weapon is a penalty enhancer. Statute 939.63.

It is a felony to possess a firearm if you:

  • Have been convicted of a felony
  • Committed a felony as a juvenile
  • Have been found not guilty of a felony by reason of mental disease or defect
  • Have been committed under mental health laws and ordered not to possess a firearm
  • Are the subject of a domestic-abuse or child-abuse restraining order
  • Are ordered not to possess firearms as a subject of a harassment restraining order.

Any person who knowingly provides a firearm to an ineligible person is party to a felony crime. Statute 941.29

Buying and selling

There is a 48-hour waiting period on handgun purchases from an FFL dealer (does not apply to private sales): Statute 175.35

Rifles and shotguns can be purchased in a contiguous state as long as the purchase complies with Federal law and the laws of the contiguous state. Statute 175.30

State parks and wildlife refuges

Statute 29.089 requires firearms to be unloaded and encased in state parks. There is an exception for hunting when the hunt is administratively approved. Statute 29.091 requires firearms to be encased and unloaded in wildlife refuges.

Class 3 firearms

Machine guns are legal if you follow BATFE process, state statute 941.27

Short-barrel rifles and shotguns are legal if you follow BATFE process, state statute 941.28

Silencers are legal if you follow BATFE process, statute 941.298

Firearms and minors

It is a class I felony to possess a firearm on school grounds or within 1000' of a school zone. Statute 948.605. This statute does not apply to:

  • private property not part of school grounds
  • individuals licensed by the local government body to possess the firearm
  • unloaded and encased firearms
  • individuals with firearms for use in a school-approved program
  • individuals with school contract to possess firearm
  • law enforcement acting in official capacity
  • unloaded firearms when traversing school grounds to gain access to hunting land, if the entry is approved by the school.

It is a class G felony to discharge or attempt to discharge a firearm in a school zone. Limited exceptions for private property not part of school grounds, school programs, and law enforcement.

Leaving a firearm within reach of a child under 14 is generally a misdemeanor, if that child points it at anyone or shows it to anyone in a public place. Defenses include having the gun locked in a safe or container, or having a trigger lock on the gun, or removal of a key operating part, or illegal entry by anyone to obtain the firearm, or a reasonable belief a juvenile couldn't access the firearm. Statute 948.55

Firearms retailers are required to provide every buyer with a written warning stating, "If you leave a loaded firearm within the reach or easy access of a child, you may be fined or imprisoned or both if the child improperly discharges, possesses or exhibits the firearm." Statute 175.37

Possession of a dangerous weapon by anyone under 18 is a class A misdemeanor. Giving/loaning/selling a dangerous weapon to someone under 18 is a class I felony. Statute 948.60. Defenses to prosecution under this statute:

  • Target practice under the supervision of an adult
  • Members of armed forces under 18 in the line of duty.

For hunting purposes, the following exceptions to the age limit apply, as specified in statute 29.304 for weapons with barrels 12" or longer.

  • under 12 may not hunt with a firearm or bow under any circumstances
  • under 12 can only possess firearm/bow in Hunter Safety class, or while cased/unloaded and under parental supervision while going to/from Hunter Safety class
  • 12-13 may hunt when accompanied by an adult
  • 12-13 may possess firearm when accompanied by an adult, or while transporting cased/unloaded firearm to/from Hunter Safety class, or in Hunter Safety class
  • 14-15 is the same as 12-13, except Hunter Safety graduates can hunt and possess firearms without adult supervision.

School students shall be suspended until their expulsion hearing if they possess a firearm in school or during a school event. State law requires a minimum one-year expulsion for this offense. Statute 120.13(1)(bm) and 120.13(1)(c)2m. In addition, the student's driver license may be suspended for two years under Statute 938.34(14q). This suspension also applies to bomb threats and CCW violations in government buildings.

School Zones

Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony. “School” means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.“School zone” means any of the following: 1. In or on the grounds of a school. 2. Within 1,000 feet from the grounds of a school. [276]

Firearms in vehicles

When openly carrying (the only legal method in Wisconsin) a firearm must be unloaded, cased, and put out of reach when in a vehicle. Because of this statute firearms must be freqently and unnecessarily handed, loaded, and unloaded to comply with the state's laws. In this section, unloaded = "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm." Encased = "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31

Boats: Firearms must be unloaded and encased when the motor is running.

Aircraft: Firearms must be unloaded and encased.

Cars, trucks, motorcycles, ATV, snowmobiles: Firearms cannot be placed in or on a vehicle unless the firearms are unloaded and encased. However, it is legal to "lean an unloaded firearm against a vehicle." Statute 167.31(4)(d).

Exceptions: Law enforcement officers, military personnel on active duty, landowners & their family and employees on farm tractors inside CWD eradication zones, and disabled hunters with special permits meeting all the requirements.

Wyoming

According to the office of the Attorney General of Wyoming, Wyoming state law (W.S. § 6-8-104) provides for the issuance of concealed firearm permits. Wyoming also recognizes concealed firearms permits from the following list of other U.S. states (subject to frequent review and revision): Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, and Utah.[277]

See also

Notes and references

  1. ^ U.S. Concealed Carry Reciprocity Map on USACarry.com
  2. ^ Pack-N-Go Carry Concealed Trip Planner on carryconcealed.net
  3. ^ Alabama Concealed Carry Permit Information on USACarry.com
  4. ^ Alabama Reciprocal Pistol Permit (Concealed Carry) Agreements
  5. ^ Alaska Statutes 29.35.145
  6. ^ Arizona Revised Statutes Title 13 — Criminal Code
  7. ^ Arizona Revised Statutes Section 13-3108
  8. ^ Arizona Concealed Weapons Permit Unit - Obtaining a Permit
  9. ^ Arizona Concealed Weapons Permit Unit - FAQ
  10. ^ "AZ CCW Permit Reciprocity" on azccw.com
  11. ^ Arizona Revised Statutes Title 13 Section 3111
  12. ^ http://home.mytelus.com/telusen/portal/NewsChannel.aspx?CatID=World&ArticleID=news/capfeed/world/w092957A.xml
  13. ^ Arizona Revised Statutes Title 13 Section 3107
  14. ^ Arizona Revised Statutes Title 13 Section 3102
  15. ^ Arizona Revised Statutes Title 13 Section 3119
  16. ^ Arizona Revised Statutes Title 4 Section 244
  17. ^ [1]
  18. ^ Arizona Revised Statutes Title 13 Section 3101
  19. ^ Arkansas State Police Regulatory Services Section — Concealed Handgun Licensing
  20. ^ California Department of Justice — 53701 GC State Preemption of Firearm Regulations
  21. ^ "Municipalities Can't Ban People from Owning Handguns, Court Rules", San Francisco Chronicle, January 10, 2008 "State courts have upheld some local restrictions, including prohibitions on the sale or possession of guns on public fairgrounds, Presiding Justice Ignazio Ruvolo noted in the 3-0 ruling. But in general, 'when it comes to regulating firearms, local governments are well advised to tread lightly,' he wrote."
  22. ^ California Department of Justice, Bureau of Firearms main page
  23. ^ Bureau of Firearms — Current and Proposed Regulations
  24. ^ California Concealed Carry
  25. ^ California Concealed Carry Permit Information on USACarry.com
  26. ^ California Penal Code § 12031
  27. ^ California Open Carry FAQ
  28. ^ California Department of Justice — California Firearms Laws
  29. ^ Bureau of Firearms — Handgun Safety Certificate Program
  30. ^ Bureau of Firearms — Handgun Safety Certificate Program — Frequently Asked Questions
  31. ^ California Department of Justice, Bureau of Firearms — Roster of Handguns Certified for Sale
  32. ^ "What is an 'Assault Weapon'?", calgunlaws.com
  33. ^ "NRA/ILA Firearms Laws for California"
  34. ^ "Assembly OKs Micro-Stamp on Some Guns", San Francisco Chronicle, May 30, 2007
  35. ^ "Gov. Signs Bills Opposed by NRA", Los Angeles Times, October 14, 2007
  36. ^ AB 1471 bill text, Official California Legislative Information
  37. ^ Egelko, Bob. "Schwarzenegger Signs Ammo-Regulation Bill", San Francisco Chronicle, October 13, 2009
  38. ^ CT BFPE Office of Legislative Research
  39. ^ NRA/ILA Firearms Laws for Connecticut
  40. ^ Connecticut Concealed Carry CCW Laws and Information on carryconcealed.net
  41. ^ "D.C.'s Ban On Handguns In Homes Is Thrown Out", "CNN", June 26, 2008
  42. ^ http://www.saf.org/viewpr-new.asp?id=300
  43. ^ Florida Statutes, Chapter 790: Weapons and Firearms
  44. ^ Florida Statutes, Chapter 790.001(17): Weapons and Firearms
  45. ^ Flroida Crimes Code Section 790.25 at Law and Legal Research
  46. ^ "Walt Disney World Fires Back on Guns at Work", Orlando Sentinel, July 3, 2008
  47. ^ "After Protesting Gun Rule, Disney Guard is Fired", Orlando Sentinel, July 8, 2008
  48. ^ Florida Department of Agriculture and Consumer Services - Division of Licensing
  49. ^ Lindsey v. State, 277 GA 772 (2004), on GeorgiaPacking.org
  50. ^ "Perdue Signs Law Allowing Guns in Restaurants", Atlanta Journal-Constitution, May 14, 2008
  51. ^ Georgia House Bill 89, Georgia General Assembly
  52. ^ Senate Bill 396, Georgia General Assembly
  53. ^ a b State Firearms Laws and Published Ordinances for Hawaii — ATF
  54. ^ Firearms Laws for Hawaii — NRA/ILA
  55. ^ Hawaii State Law Summary — LCAV
  56. ^ Hawaii Revised Statutes §134-9: Licenses to carry
  57. ^ "Women Tell Lawmakers They Want the Right to Protect Themselves with a Concealed Firearm", Hawaii Reporter, February 17, 2006
  58. ^ Hawaii Concealed Carry CCW Laws and Information on carryconcealed.net
  59. ^ Hawaii Concealed Carry Permit Information on USACarry.com
  60. ^ Hawaii Gun Laws — Honolulu Police Department
  61. ^ Hawaii Gun Laws — Hawaii Rifle Association
  62. ^ [2]
  63. ^ Idaho statute 18-3302 — Issuance of Licenses to Carry Concealed Weapons
  64. ^ a b Idaho Attorney General — Concealed Weapons Permit FAQs
  65. ^ Idaho Concealed Carry CCW Laws and Information on carryconcealed.net
  66. ^ Idaho Concealed Carry Information on USACarry.com
  67. ^ a b Firearms Laws for Idaho at nraila.org
  68. ^ Idaho State Law Summary at lcav.org
  69. ^ Illinois General Assembly — 430 ILCS 65 — Firearm Owners Identification Card Act
  70. ^ Illinois General Assembly — Public Act 095-0581
  71. ^ Illinois State Police -- Firearm Owner's Identification Information
  72. ^ Municipal Code of Chicago, section 8-20-040, Registration of firearms
  73. ^ Municipal Code of Chicago, section 8-20-050, Unregisterable firearms
  74. ^ "Chicago Gun Law Spurs Deluge of Applications", New York Times, April 13, 1982
  75. ^ Oak Park, Illinois Village Code section 27-2-1
  76. ^ City of Highland Park City Code
  77. ^ "Suburbs with Gun Bans Split on Court Ruling", Chicago Tribune, June 27, 2008
  78. ^ "NRA Sues Chicago, 3 Suburbs to Repeal their Firearms Bans", Chicago Tribune, June 27, 2008
  79. ^ "Wilmette Repeals Town's Handgun Ban After High Court Ruling", Chicago Tribune, July 25, 2008
  80. ^ "Morton Grove Repeals 27-Year-Old Gun Ban", Chicago Tribune, July 28, 2008
  81. ^ "Evanston Latest Suburb to Repeal Handgun Ban in Wake of High Court Ruling", Chicago Tribune, August 12, 2008
  82. ^ "Winnetka Strikes Handgun Ban", Winnetka Talk, November 19, 2008
  83. ^ "Daley Promises to Fight to Keep Handgun Ban", Chicago Tribune, July 25, 2008
  84. ^ "Mayor Daley vs. the Supreme Court", Chicago Tribune, June 27, 2008
  85. ^ "Chicago Continues to Enforce Gun Ban", Chicago Sun-Times, July 25, 2008
  86. ^ "Corrections and Clarifications, November 21, 2008", Chicago Tribune
  87. ^ "Supreme Court Ruling Sets Up Showdown on Gun Ownership in Chicago", Chicago Tribune, October 1, 2009 "But the Supreme Court Wednesday said it had voted to hear the appeals from gun owners in Chicago and Oak Park and to decide whether the Second Amendment restricts local and state laws as well as national measures."
  88. ^ Cook County Clerk's Office -- November 14, 2006 Ordinances ordinance 06-O-50
  89. ^ Illinois State Police -- Municipal Ordinances Relating to Firearms
  90. ^ Illinois Retired Officer Concealed Carry Program
  91. ^ a b Illinois General Assembly — 720 Illinois Compiled Statutes 5/24 -- Deadly Weapons
  92. ^ Indiana Code Title 35 Article 47: Weapons and Instruments of Violence
  93. ^ IC 35-47-2-3 - Application for license to carry handgun; procedure
  94. ^ Indiana Code Title 34 Article 12 Chapter 3: Legal Actions Involving Firearms and Ammunition
  95. ^ a b Iowa Department of Public Safety, Administrative Services Division — Iowa Weapons Laws
  96. ^ "Iowa Concealed Carry CCW Laws and Information" on carryconcealed.net
  97. ^ Iowa Concealed Carry Permit Information on USACarry.com
  98. ^ "Iowa CCW Concealed Carry Hand Gun Legal Info" at iowacarry.org
  99. ^ "NRA/IRA Firearms Laws for Iowa"
  100. ^ "Legal Community Against Violence — Iowa State Law Summary"
  101. ^ Kansas Attorney General -- Concealed Carry
  102. ^ "Sebelius Signs Gun Bill into Law", Topeka Capital-Journal, April 22, 2008
  103. ^ Senate Bill No. 46, Kansas Legislature
  104. ^ 503 Kentucky Administrative Regulations 4.050: Required content and conduct of the applicant training course.
  105. ^ Louisiana State Police — Concealed Handgun Permit Unit
  106. ^ Louisiana Concealed Carry CCW Laws and Information on concealedcarry.net
  107. ^ Louisiana Concealed Carry Permit Information on USACarry.com
  108. ^ NRA/ILA Firearms Laws for Louisiana
  109. ^ Bureau of Alcohol, Tobacco, and Firearms — State Firearms Laws — Maine
  110. ^ Search the Maine Statutes — "firearm"
  111. ^ Maine State Police — Weapons Permits & Professional Licensing
  112. ^ State of Maine Laws Relating to Permits to Carry Concealed Firearms
  113. ^ Maine Concealed Carry CCW Laws and Information on carryconcealed.net
  114. ^ Maine Concealed Carry Permit Information on USACarry.com
  115. ^ Maine Weekly Legislative Report, June 25, 2007
  116. ^ Firearms Laws for Maine on nraila.org
  117. ^ Maine State Law Summary on lcav.org
  118. ^ MD site for training for regulated firearm purchase
  119. ^ Maryland Concealed Carry Permit Information on USACarry.com
  120. ^ NRA-ILA Firearms Laws for Maryland
  121. ^ "Report Faults Md. Ballistics Database", Washington Post, January 18, 2005
  122. ^ "Michigan Legislature". Legislature.mi.gov. Retrieved 2008-09-06.
  123. ^ "Firearms.indd" (PDF). Retrieved 2008-09-06.
  124. ^ "Michigan Legislature". Legislature.mi.gov. Retrieved 2008-09-06.
  125. ^ Michigan Compiled Laws Section 28.422
  126. ^ "MSP - Purchasing Firearms in Michigan". Michigan.gov. Retrieved 2008-09-06.
  127. ^ a b "MSP - Pistol Free Areas". Michigan.gov. Retrieved 2008-09-06.
  128. ^ "MSP - Proper Conduct During Encounters with Police". Michigan.gov. Retrieved 2008-09-06.
  129. ^ "Opinion #7101". Ag.state.mi.us. Retrieved 2008-09-06.
  130. ^ "Opinion #7183". Ag.state.mi.us. Retrieved 2008-09-06.
  131. ^ Firearms Laws for Mississippi on nraila.org
  132. ^ Mississippi State Law Summary on lcav.org
  133. ^ Mississippi Code section 95-3-1: Definitions of terms "person," "place" and "nuisance".
  134. ^ Mississippi Department of Public Safety — Highway Patrol — Firearm Permits Unit
  135. ^ Mississippi Concealed Carry CCW Laws and Information on carryconcealed.net
  136. ^ Mississippi Concealed Carry Permit Information on USACarry.com
  137. ^ Bureau of Alcohol, Tobacco, and Firearms — State Laws and Published Ordinances — Firearms — Mississippi
  138. ^ Mississippi Code section 11-1-67: Authority to sue traders in firearms reserved to state.
  139. ^ Montana Code Annotated, Title 45, Chapter 8, Part 3: Weapons
  140. ^ Montana Shooting Sports Association — Montana Gun Laws
  141. ^ Montana Department of Justice — Concealed Weapons
  142. ^ Montana Concealed Carry CCW Laws and Information on carryconcealed.net
  143. ^ Montana Concealed Carry Permit Information on USACarry.com
  144. ^ Montana Code Annotated — 45-8-351: Restriction on Local Government Regulation of Firearms
  145. ^ Firearms Laws for Montana on nraila.org
  146. ^ Montana State Law Summary on lcav.org
  147. ^ Deines, Kahrin. "New Gun Law Aimed at Asserting Sovereignty", Helena Independent Record, April 16, 2009
  148. ^ Text of House Bill 246, 2009 Montana Legislature
  149. ^ Chapter 9.36, Lincoln Municipal Code, City of Lincoln
  150. ^ Handgun Certificates, City of Lincoln – Lancaster County Criminal Justice System
  151. ^ Las Vegas Metropolitan Police Department — Firearms Registration
  152. ^ Nevada Attorney General — Firearms in Nevada
  153. ^ Nevada Concealed Carry CCW Laws and Information on carryconcealed.net
  154. ^ Nevada Concealed Carry Permit Information on USACarry.com
  155. ^ New Hampshire State Police – Pistol and Revolver Licensing
  156. ^ New Hampshire State Police – Permits and Licensing FAQs
  157. ^ New Jersey Administrative Code -- Title 13: Law and Public Safety -- Chapter 54: Firearms and Weapons
  158. ^ Graber, Trish G. "Gov. Corzine Signs New Law Limiting N.J. Gun Purchases", The Star-Ledger, August 6, 2009
  159. ^ NRA/ILA Firearms Laws for New Mexico
  160. ^ Legal Community Against Violence New Mexico State Law Summary
  161. ^ New Mexico Statutes, Chapter 30, Article 7, "Weapons and Explosives"
  162. ^ Constitution of the State of New Mexico
  163. ^ New Mexico Department of Public Safety — Information Concerning the Carrying of Concealed Weapons
  164. ^ a b New Mexico Department of Public Safety — Concealed Carry Rules Amended and Approved, November 17, 2005
  165. ^ Section 30-7-3 NMSA 1978, as amended
  166. ^ State information for New Mexico on opencarry.org
  167. ^ New Mexico Department of Public Safety — Conceal & Carry Frequently Asked Questions
  168. ^ "North Carolina Firearms Laws", North Carolina Department of Justice
  169. ^ Gaston County Sheriff's Office — Gun Permit Application Procedures
  170. ^ Wake County Sheriff's Office — Obtaining Handgun Permits in Wake County
  171. ^ Office of the Orange County Sheriff — Orange County Pistol Permit Application Information
  172. ^ Durham County Government — Pistol Permit Instructions and Application Package
  173. ^ Mecklenburg County Sheriff's Office — Gun Permits
  174. ^ a b North Carolina Rifle & Pistol Association — North Carolina Gun Ownership FAQs
  175. ^ NRA/ILA Firearms Laws for North Carolina
  176. ^ North Carolina Concealed Carry CCW Laws and Information on CarryConcealed.net
  177. ^ North Carolina Concealed Carry Permit Information on USACarry.com
  178. ^ Firearms Laws for North Dakota on nraila.org
  179. ^ North Dakota Attorney General — Concealed Weapons Permits
  180. ^ North Dakota Concealed Weapons Permits manual
  181. ^ North Dakota Concealed Carry CCW Laws and Information on carryconcealed.net
  182. ^ North Dakota Concealed Carry Permit Information on USACarry.com
  183. ^ Bureau of Alcohol, Tobacco, and Firearms — State Firearms Laws — North Dakota
  184. ^ North Dakota State Law Summary on lcav.org
  185. ^ a b Ohio Attorney General — Concealed Carry information
  186. ^ a b c 2008 Ohio Attorney General CCW Handbook
  187. ^ Buckeye Firearms Association -- "House Bill 347, Sweeping Firearms Law Reform Bill, headed to Governor Taft"
  188. ^ Or. Const. Art. I, § 27.
  189. ^ ORS 166.291
  190. ^ See ORS 166.360–180
  191. ^ See ORS 166.170–176
  192. ^ See 166.250(3)
  193. ^ See ORS 166.173
  194. ^ OpenCarry.org
  195. ^ Pennsylvania State Police — Frequently Asked Questions — Carrying Firearms
  196. ^ Pennsylvania Attorney General — Firearms Reciprocity Agreements
  197. ^ Pennsylvania Consolidated Statutes — Uniform Firearms Act
  198. ^ South Carolina Concealed Carry CCW Laws and Information on carryconcealed.net
  199. ^ South Carolina Concealed Carry Permit Information on USACarry.com
  200. ^ http://www.southcarolinacriminaldefenseblog.com/2008/11/state_v_dickey_and_scs_stand_y.html
  201. ^ South Dakota Attorney General — South Dakota Firearm Laws
  202. ^ South Dakota Secretary of State — Concealed Pistol Permits
  203. ^ South Dakota Concealed Carry CCW Laws and Information on carryconcealed.net
  204. ^ South Dakota Concealed Carry Permit Information on USACarry.com
  205. ^ "Governor Rounds Signs Bills into Law", South Dakota State News, March 13, 2009
  206. ^ South Dakota Secretary of State — Firearm Laws
  207. ^ Firearms Laws for South Dakota on nraila.org
  208. ^ a b NRA/ILA Firearms Laws for Texas
  209. ^ Texas Concealed Handgun Laws
  210. ^ Texas Legislature Online — History of Senate Bill 378
  211. ^ Texas H.B. 1815
  212. ^ Texas Concealed Carry CCW Laws and Information on carryconcealed.net
  213. ^ Texas Concealed Carry Permit Information on USACarry.com
  214. ^ http://www.le.utah.gov/UtahCode/getCodeSection?code=76-10-523
  215. ^ http://www.le.utah.gov/UtahCode/getCodeSection?code=76-2-405
  216. ^ University of Utah v. Shurtleff
  217. ^ NRA/ILA Firearms Laws for Vermont
  218. ^ Constitution of the State of Vermont, on the Vermont Legislature web site
  219. ^ ARTICLE I - Bill of Rights, Section 13. Militia; standing armies; military subordinate to civil power.
  220. ^ a b § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.
  221. ^ § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.
  222. ^ § 15.2-915.3. Requiring fingerprinting for concealed handgun permit.
  223. ^ § 15.2-1207. Pistols and revolvers; reports of sales.
  224. ^ § 15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns.
  225. ^ § 18.2-299. Definitions.
  226. ^ § 18.2-300. Possession or use of "sawed-off" shotgun or rifle.
  227. ^ § 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty.
  228. ^ § 18.2-295. Registration of machine guns.
  229. ^ § 18.2-283. Carrying dangerous weapon to place of religious worship.
  230. ^ § 18.2-283.1. Carrying weapon into courthouse.
  231. ^ § 18.2-287.01. Carrying weapon in air carrier airport terminal.
  232. ^ a b § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
  233. ^ § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.
  234. ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection J3
  235. ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection O.
  236. ^ § 18.2-308.1:1. Possession or transportation of firearms by persons acquitted by reason of insanity; penalty; permit.
  237. ^ § 18.2-308.1:2. Purchase, possession or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty.
  238. ^ § 18.2-308.1:3. Purchase, possession or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty.
  239. ^ § 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.
  240. ^ § 18.2-308.1:5. Purchase or transportation of firearm by persons convicted of certain drug offenses prohibited.
  241. ^ § 18.2-308.2. Possession or transportation of firearms, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.
  242. ^ § 18.2-308.2:01. Possession or transportation of certain firearms by certain persons.
  243. ^ § 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
  244. ^ § 18.2-56.2. Allowing access to firearms by children; penalty.
  245. ^ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection D.
  246. ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection P1.
  247. ^ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection K.
  248. ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection P.
  249. ^ Concealed Handgun Reciprocity and Recognition
  250. ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection E.
  251. ^ Virginia code § 18.2-308.2:2 Criminal history record information check required for the transfer of certain firearms
  252. ^ Virginia code § 18.2-308.1 Possession of firearm, stun weapon, or other weapon on school property prohibited
  253. ^ Vaguninfo.com - Gun Free School Zone Act
  254. ^ Virginia Attorney General Opinion -- Carrying of concealed weapons: Public colleges and universities
  255. ^ Virginia State Parks, FAQ
  256. ^ Attorney General's Opinion on State Park Carry
  257. ^ § 18.2-308.2:1. Prohibiting the selling, etc., of firearms to certain persons.
  258. ^ § 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms.
  259. ^ § 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms. Subsection C.
  260. ^ § 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms. Subsection P.
  261. ^ VA State Police Letter Confirming Legality of Open Carry
  262. ^ Revised Code of Washington, Chapter 9.41, Firearms and dangerous weapons
  263. ^ Washington State Department of Licensing -- Requirements: Concealed pistol license
  264. ^ Washington Superior Court decision No. 05-1-00161-4, posted on Blogspot.com
  265. ^ Washington State Department of Licensing -- Alien firearms license
  266. ^ "SAF Court Action Prompts Resumption of WA Alien Firearms License Program", Reuters, January 27, 2009
  267. ^ Washington State Legislature — RCW 9.41.230, "Aiming or discharging firearms, dangerous weapons"
  268. ^ Washington State Office of the Attorney General — Concealed Weapon Reciprocity
  269. ^ Washington State Legislature — RCW 9.41.060, "Exceptions to restrictions on carrying firearms"
  270. ^ a b Charleston City Code, Sec. 78-163. Carrying without license or other authorization
  271. ^ West Virginia Concealed Carry CCW Laws and Information on carryconcealed.net
  272. ^ West Virginia Concealed Carry Permit Information on USACarry.com
  273. ^ Porterfield, Mannix (2008-04-10). "Manchin signs 'Castle Doctrine' bill". The Register-Herald. Retrieved 2008-04-27.
  274. ^ "Right-to-Carry 2008", NRA-ILA Fact Sheet
  275. ^ Wisconsin Concealed Carry Permit Information on USACarry.com
  276. ^ http://www.legis.state.wi.us/statutes/Stat0948.pdf
  277. ^ Wyoming Attorney General — Concealed Firearm Permits

External links