Gun laws in the United States by state
Template:2009 Brady Campaign State Scorecard
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 are 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 permits to carry a firearm 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]
In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not offer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal law[3][4] and in practice often show little interest in doing so.[citation needed]
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. May not carry in automobile without permit if loaded. |
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. House Bill Two amends this law as of January 29, 2010. |
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".[5] 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.[6]
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 handguns 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.[7]
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 duplicates the registration requirements of 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.(New law passed in April 2010 that allows citizens of Arizona to carry concealed without permit when of the age 21,and will take effect in July 2010) |
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.[8] 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.[9] 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.
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 training class (provided by a licensed third party) or hunter education class, 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.[10] 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.[11] Arizona recognizes almost all valid out-of-state carry permits, with few exceptions.[12]
On April 16, 2010, governor Jan Brewer signed into law a bill that legalizes the carrying of concealed firearms and other weapons in most places without a permit for adults over 21 years of age. Arizona will still issue concealed carry permits for purposes of reciprocity for carrying concealed weapons in other states and permits will still be required for carrying in certain sensitive areas within Arizona such as in bars or on school grounds. Open carry without a permit will still be legal in most places for 18-20 year-olds, and for emancipated juveniles. This law does not take effect until 90 days after the current legislative session is adjourned. Arizona is only the third state in modern U.S. history to allow the carrying of concealed weapons without a permit and it is the first state with a large urban population to do so.[13]
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 possess or 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.[14]
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 such employees or contractors are acting within the course and scope of their employment or contract. They may also prohibit the carrying of firearms by non-permit holders in public establishments and events and in parks of less than one square mile in area. Any such place where a political subdivision has prohibited carry by non-permit holders must be clearly posted. Public establishments and events where carry by non-permit holders is prohibited must provide secure storage for weapons on-site, which must be readily accessible upon entry and allow for immediate retrieval upon exit.[15]
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.[16]
State law prohibits the carrying of firearms in certain areas. These prohibited areas include:
- Hydroelectric or nuclear power generating stations. However, this does not apply to:
- A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties.
- A member of the military forces of the United States or of any state of the United States in the performance of official duties.
- A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections.
- A person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
- Polling places on election day. However, this does not apply to:
- A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties.
- A member of the military forces of the United States or of any state of the United States in the performance of official duties.
- A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections.
- A person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
- Secured areas of airports. However, this does not apply to:
- General aviation areas not included in the security identification display area or sterile area as defined in the airport security program approved by the transportation security administration.
- The lawful transportation of deadly weapons in accordance with state and federal law.
- A peace officer or a federally sworn officer while in the actual performance of the officer's duties.
- A member of the military forces of the United States or of any state of the United States in the actual performance of the member's official duties.
- An individual who is authorized by a federal agency in the actual performance of the individual's official duties.
- School grounds. However, this does not apply to:
- College/University Campuses, provided that if any agent of the college (campus police, specific building security, faculty, or any other employee) makes a request for you to disarm or leave the campus due to campus policy OR if there are signs posted forbidding firearms on campus, you promptly comply. Failure to do so will result in trespassing which is then punishable by law.
- Firearms possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
- Firearms for use on the school grounds in a program approved by the school.
- Unloaded 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 is locked and the firearms are not visible from the outside.
- A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties.
- A member of the military forces of the United States or of any state of the United States in the performance of official duties.
- A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections.
- A person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
- Establishments which are licensed to sell alcohol for consumption on the premises. However, this does not apply to:
- The licensee or an employee of the licensee acting with the permission of the licensee to be in possession of a firearm while on the licensed premises.
- 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.
- Hotel or motel guest room accommodations.
- The exhibition or display of a firearm in conjunction with a meeting, show, class or similar event.
- A person with a concealed carry permit who carries a concealed handgun, provided that there is no notice posted forbidding such.
- Peace officers or members of a sheriff's volunteer posse while on duty who have received firearms training that is approved by the Arizona peace officer standards and training board.
- Game refuges. However, this does not apply to:
- Firearms possessed under seal or by written consent of the game commission.
- Persons traversing refuges or over roads therein carrying unloaded devices.
- Landowners, lessees, permittees, their employees, or licensed trappers carrying arms while performing lawful duties.
- Officers of the law in performance of official duties.
- Any private property or private establishment where the owner or lessee has posted signage forbidding the carrying of weapons. However, this does not apply to:
- Officers of the law who are legally executing official duties
- Lawfully possessed firearms that are in a locked and privately owned vehicle or in a locked compartment on a privately owned motorcycle and that are not visible from outside the vehicle or motorcycle.
In addition, political subdivisions have limited power to prohibit the carrying of firearms in certain areas as described above. Carrying a firearm in a hydroelectric or nuclear power generating station is a felony. Carrying a firearm in any other prohibited area, absent any other concomitant criminal conduct, is a misdemeanor. Carrying a firearm on private property or in a private establishment where it has been forbidden by the owner or lessee is not is not specifically prohibited by law, but is held to constitute misdemeanor trespass. The restrictions pertaining to licensed liquor establishments do not apply to liquor stores or other stores that sell only closed containers of alcohol for consumption off the premises.[17][18][19][20]
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 or to be persistently or acutely disabled or gravely disabled pursuant to court order under ARS 36-540, and whose right to possess a firearm has not been restored pursuant to ARS 13-925. This statute places the burden on the prohibited possessor to present "clear and convincing" psychological or psychiatric supporting evidence that the prohibited possessor no longer suffers from the mental disorder that led to the finding that the person constituted a danger to himself or others or was persistently or acutely disabled or gravely disabled. ARS 13-925 contains no provision for immunity from civil liability for expert witnesses or treating medical professionals to either the prohibited possessor or to third parties for harm caused by negligence in rendering the expert opinion or testimony or evaluation regarding the patient’s mental health status.
- 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.[21]
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 | |
NFA weapons restricted? | N/A | N/A | 5-73-120 | |
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.[22] 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 | Yes | 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 | Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. 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." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. They must be registered with the California Department of Justice prior to the servicemember's arrival in California. |
Owner license required? | No | No | None | |
Carry permits issued? | N/A | Yes | §12050 | May issue, depending on jurisdiction. Out-of-state permits not valid in California. |
State Preemption of local restrictions? | Yes | Yes | §53701 GC | Most but not all local restrictions preempted.[23][24] |
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[25][26] 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.[27][28] 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.[29][30]
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.[31]
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.[32] 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.[33]
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.[34]
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.[35] 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.[36]
On October 13, 2007, California enacted AB 1471. This controversial[37] 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.[38][39] 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.[40]
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 enforcement. |
Concealed within a vehicle? | Unloaded Only** | yes | 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 open 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 | CGS 29-36(f), CGS 29-36(g) |
Certificate of Eligibility for Pistol or Revolver required to purchase handguns. Applicants must complete an approved handgun safety course, and pass a NICS background check prior to issuance of certificate. Certificate of Eligibility valid for five years. There is a 14-day waiting period for the purchase of handguns, with exceptions for peace officers and Active-Duty military members.[41] |
Firearm registration? | No* | No* | CGS 53-202 | Registration required for assault weapons purchased before October 1, 1993. |
"Assault weapon" law? | Yes | Yes | CGS 53-202 | Partial ban (selective fire weapons with the ability to fire either semautomatic or fully automatic and some .50 BMG variants) No restrictions on magazine capacity.[42] |
Owner license required? | No | No | ||
Carry permits issued? | No | Yes | CGS 29-28 | Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members.[43] |
State Preemption of local restrictions? | Yes | Yes | CGS 29-28 | |
NFA weapons restricted? | Partial | Partial | CGS 53-202(c) | Selective fire assault weapons prohibited, unless purchased before October 1, 1993. |
Peaceable Journey laws? | No | No | CGS 29-38 | 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. Some towns will automatically issue a permit (as long as the individual does not meet any statutory criteria that would disqualify him or her from holding such a permit), while in other towns the issuance of permits is limited to politically-connected individuals. 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, who 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.
Applicants may appeal an unfavorable ruling by the Board of firearms Permit Examiners through the state courts.
Connecticut Residents are issued a "permit to carry pistols and revolvers", which permits both open and concealed carry[44]. 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.”[45]
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,' which includes selective-fire firearms (unless purchased before October 1, 1993), and a limited list of semiautomatic AR, AK, and SKS variants. 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.[46]
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? | Yes* | Yes* | Complete Preemption except any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted | |
NFA weapons restricted? | Yes | Yes | Civilian ownership for research purposes only | |
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.[47]
A lawsuit was filed on August 6, 2009 to compel the district to issue permits to carry weapons.[48]
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.[49]
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.[50] (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.[51] 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:
- 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 790.25(2)b3 & 823.05
- 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:
- 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.
- 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.”
- 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.
- 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 (F.S. 790.251). 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 vehicle 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. Exceptions listed in F.S. 790.251(7) include school property, correctional institutions, property where a nuclear-powered electricity generation facility is located, property upon which substantial activities involving national defense, aerospace, or homeland security are conducted, property upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials, a motor vehicle owned/leased/rented by your employer, and any other property upon which possession of a firearm is prohibited pursuant to any federal law, contract with a federal government entity, or general law of Florida. 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.[52][53]
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 thirty-three states.[54]
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.
Any person who may legally own a firearm may carry a firearm in their home, place of business, and vehicle without a permit. For vehicle carry, House Bill 89 removed the restriction requiring the person to have been eligible for a license for vehicle carry and the requirement for unlicensed individuals to keep firearms unloaded in a case separated from ammunition, or loaded and fully exposed to view, or loaded in a closed compartment of the vehicle, such as the glove compartment.[55]
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. It also removed certain requirements from carrying inside a person's vehicle. The bill went into effect on July 1, 2008.[55][56]
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.[57]
Georgia law allows private firearm sales between residents without requiring any processing through an FFL.
A Kennesaw, GA city ordinance requires that all homeowners own a firearm and ammunition (Sec 34-1a). No one has ever been charged with violating this ordinance. An amendment exempts those who conscientiously object to owning a firearm, convicted felons, those who cannot afford a firearm, and those with a mental or physical disability that would prevent them from owning a firearm.
Hawaii
Hawaii[58][59][60] 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.[61] In practice however few if any concealed carry licenses are granted.[62] Hawaii does not recognize concealed carry permits issued by other states.[63][64]
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.[65]
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.[66]
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.[67]
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".[58]
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.[68][69][70][71]
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.[69]
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."[72][73]
The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.[72]
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 |
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.[74] 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.[75] There are additional requirements for applicants under the age of 21.[76]
There is no state preemption of firearm laws. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department.[77] 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.[78][79] The Chicago suburb of Oak Park also has banned handguns,[80] and Highland Park bars handgun possession unless the resident has obtained a permit from the police.[81] 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.[82][83] In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette,[84] Morton Grove,[85] Evanston,[86] and Winnetka,[87] but Chicago and Oak Park have fought in court to keep their current laws.[88][89][90][91] The Supreme Court has agreed to review the Chicago and Oak Park handgun bans in the case of McDonald v. Chicago.[92]
Cook County has banned assault weapons and magazines that can hold more than ten rounds of ammunition.[93] Other municipalities have also enacted various firearm restrictions.[94] 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.)[95] 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.[96]
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 a long gun is 24 hours.[96]
Indiana
Indiana[97] 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.[98] 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 vis-à-vis 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.[99]
Iowa
Iowa[100] 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.[101][102][103]
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.[104]
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.[105]
Under Iowa law, private citizens may not possess automatic firearms, short-barreled rifles, or short-barreled shotguns.[100]
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.[106] 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.[107][108]
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:
|
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.[109])
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.
Note that this applies only to a glove compartment—not to a center console or other compartment in the vehicle. A bill is currently pending in the Kentucky General Assembly that would make motor vehicle carry without a permit legal in any manufacturer-installed enclosed compartment.[110]
KRS § 237.104 prohibits the state from seizing firearms from private citizens in the event of a disaster or emergency.
Prohibited places
KRS § 237.110, which governs the issue of permits, also lists places where concealed carry is prohibited. Per § 237.110 (16), concealed carry is prohibited in:
- (a) Any police station or sheriff's office;
- (b) Any detention facility, prison, or jail;
- (c) Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
- (d) Any meeting of the governing body of a county, municipality, or special district; or any meeting of the General Assembly or a committee of the General Assembly, except that nothing in this section shall preclude a member of the body, holding a concealed deadly weapon license, from carrying a concealed deadly weapon at a meeting of the body of which he or she is a member;
- (e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;
- (f) Any elementary or secondary school facility without the consent of school authorities as provided in KRS 527.070, any child-caring facility as defined in KRS 199.011, any day-care center as defined in KRS 199.894, or any certified family child-care home as defined in KRS 199.8982, except however, any owner of a certified child-care home may carry a concealed firearm into the owner's residence used as a certified child-care home;
- (g) An area of an airport to which access is controlled by the inspection of persons and property; or
- (h) Any place where the carrying of firearms is prohibited by federal law.
Note that the prohibition against carrying concealed in an establishment that serves alcohol only applies to the "portion of the establishment [is] primarily devoted to that purpose." This means that concealed carry is allowed in restaurants that serve alcohol, with only the bar section (if present) off-limits to permit holders. This assumes that the owner has not posted the establishment to prohibit carry.
With respect to the prohibition of weapons on school property, KRS § 527.070 (3)(a) states that adults may have weapons in their vehicles as long as they do not remove the weapons from the vehicle or brandish them while on school property.
KRS § 237.110 (17) authorizes private businesses to prohibit concealed carry on their premises. However, "facilities renting or leasing housing" are specifically prohibited from restricting concealed carry. Private employers can prohibit their employees or permit holders from having weapons concealed in employer-owned vehicles, but cannot prohibit concealed weapons in individually owned vehicles. Public employers (i.e., state and local governments) cannot prohibit the carry of weapons by employees or permit holders in any vehicle, with the exception of the Justice and Public Safety Cabinet, which can prohibit employees from carrying any non-duty weapon in a vehicle while they are transporting persons under the employees' jurisdiction or supervision.
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.[111][112][113]
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.[114]
Maine
Maine[115][116] 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.[117][118][119][120]
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.[121]
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.[122]
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.[123]
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.[124]
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.[125]
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).[126][127]
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:
RFID: The Restricted Firearm Identification License (FID), only allows carrying of mace or pepper spray.
Fire arms ID (FID): Only allowed long rifles and mace/pepper spray.
Class B: Only allows the purchase of long rifles and hand guns with a capacity of no more than 10 rounds, does not allow the holder to carry a fire arm concealed, when transporting fire arms it must be locked and inaccessible as well as separate from ammunition.
Class A: This license allows purchase any fire arm legal in the state of Mass, are authorized to own fire arms holding greater than 10 rounds, and can carry a loaded concealed fire arm unless restrictions are place on the license by Chief of Police of the issuing town, if the Class A is restricted to Hunting and Sport or Target and Hunting, it carries the same restrictions as a Class B, with the exception of owning large capacity.
The definition of the restrictions on a Class A is on a town by town basis and is set by the Chief of Police of the issuing town, there is no uniform state definition with regards to the restrictions placed on a Class A, they are different on a town to town basis.
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[128] 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."[129]
"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.[130]
Michigan's Attorney General has ruled that the definition of "firearm" includes a Taser. However, under Michigan law, private citizens may not purchase or use Tasers. [131]
Purchasing firearms in Michigan
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. A purchase license is required to purchase a pistol, unless the purchaser has a concealed pistol license. [132] A person must be at least 21 to purchase a pistol from a federal dealer under both federal and Michigan law (but only has to be 18 if buying the pistol or handgun from a private seller).
No purchase license is required to purchase a long gun (a firearm that is more than 30 inches long) in Michigan. According to state law, a long gun may be purchased by anyone aged 18 or over who is not subject to restrictions based on criminal history, mental health history, or other disqualifying factor. A person must be at least 18 years old to purchase a long gun from a federal dealer or a private seller under both federal and Michigan law.
Only Michigan residents may purchase pistols (meaning firearms that are 30 inches or less in length) in Michigan. Only Michigan residents and residents of contiguous states may purchase long guns in Michigan (and Michigan residents may only purchase long guns in Michigan or in a contiguous state). [133] An individual must apply to their local police or sheriff's department for a purchase license before obtaining a pistol. The police authority will check the applicant's background.
An applicant must answer gun related questions on a Basic Pistol Safety Questionnaire, with at least 70% correct, and swear before a notary that he or she meets the statutory requirements to own a pistol.
A purchase license is required even if the person acquired the pistol by way of an inheritance or gift. Federally-licensed firearm dealers are not exempt from this section of the law and must also get a license any time they purchase or 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. [134] The buyer and seller must both sign the license and may each keep one copy for his or her records. An individual must return to the local police department within 10 days of purchasing the pistol to return the remaining two copies of the license. Effective January 7, 2009, the requirement that a newly-acquired pistol be brought back to the local police department for a safety inspection was eliminated. [135] Some agencies require all unused license-to-purchase forms to be returned to them for record-keeping purposes.
Pawn shops, second hand dealers, and junk shops are not allowed to sell pistols in Michigan. [136]
Concealed carry in Michigan
Michigan's concealed carry law is "shall issue," meaning that anyone 21 or older may obtain a license to carry a concealed pistol, whether they have a good reason to carry one or not, so long as the person is not prohibited from owning a firearm, has not been found guilty or been accused of certain felonies or misdemeanors within a certain time period, and has completed state-approved firearms training. Concealed Pistol License (CPL) holders are not required to obtain a license to purchase a pistol; however, they must fulfill the registration requirement (a sales record of the pistol acquisition). Under Michigan law, carrying a concealed pistol under a CPL constitutes implied permission for chemical testing for illegal drugs or alcohol; and it is strictly forbidden for a someone wiht a concealed pistol license to carry a pistol while on drugs or alcohol.
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. Persons should not carry a firearm on any college or university property without making sure it is lawful. On almost every college campus, guns are strictly forbidden under college or university ordinances or policies.
A pistol is subject to immediate seizure if the CPL permit holder is carrying a concealed pistol in a "pistol-free" area. Open carry with a CPL in most "pistol- free" areas is arguably legal, except in courts,federal buildings, casinos,and many university buildings in which case any form of carry may be illegal. Please refer to Michigan AG opinion No. 7097 to confirm No court decision has said that open carrying by a CPL holder in a "pistol-free" area is allowed.
An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a concealed 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.[137]
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."[138]
Open carry is generally legal in Michigan. On the other hand, it is illegal to "brandish" a firearm in Michigan which includes waving it menacingly or displaying it ostentatiously. It is also illegal to disturb the peace. In any event, carrying a pistol in a motor vehicle, even it is plain sight, is a felony under the law that makes it illegal to carry a pistol, concealed or not, in a motor vehicle (without a concealed pistol license).[139]
There are many places where open carry is expressly prohibited by federal or state law. Discharging a firearm remains illegal in many cities and charter townships(and such an ordinance is NOT preempted by state law).[140] In addition, there are laws regulating how and firearms may be tranported in motor vehicles that must be followed.
No one is allowed to bring a firearm,concealed or open, onto the property of a correctional facility, under an old prohibiting weapons that could help prisoners escape from being brought on to prison property.[141]If someone who is carrying openly puts a coat on over his firearm or otherwise hides it, even temporarily, and he does not have a concealed pistol license, he has committed the felony crime of carrying a concealed weapon without a license. [The Michigan Attorney General has released an opinion stating that open carry is NOT considered reasonable suspicion of a crime, </ref>"Opinion #7183". Ag.state.mi.us. Retrieved 2008-09-06.</ref> but there are no Michigan court decisions definitively ruling on this point. In addition, the Michigan Attorney General has released an opinion that a reserve police officer who carries a visible, holtered pistol is neither brandishing it nor disturbing the peace. </ref>"Opinion #7101". Ag.state.mi.us. Retrieved 2008-09-06.</ref>open Michigan formerly did not allow ownership of NFA firearms, though the Attorney General has issued an opinion that allows 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. Short-barreled shotguns and rifles are illegal in Michigan, as is armor-piercing ammunition.
Michigan prohibits the possession of Tasers or stun guns by private citizens, including concealed pistol licensees.
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.", Permit to carry doubles as Permit to Purchase. |
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. |
Misc Information
- As of February 2008[update], 48 US states allow some form of concealed carry
- The county sheriff must either issue or deny a permit within 30 days of the application date.
- New and renewal permits are valid for five (5) years from the date of issuance. Emergency permits are valid for 30 days.
- Landlords may not restrict the lawful carry or possession of firearms by tenants or their guests.
- Private establishments can ban any firearms and must post a notice banning guns on their premises or personally notify patrons that guns are not allowed.
Restrictions
- Must be at least 21 years of age
- Must complete an application form
- Must not be prohibited from possessing a firearm under Minnesota Statute 624.714 (Criminal background & mental health history check)
- Must not be listed in the criminal gang investigation system
- Must be a resident of the county from which you are requesting a permit, if you reside in Minnesota. Non-residents may apply to any Minnesota county sheriff.
- Must provide certificate of completed authorized firearms training. Training by a certified instructor and completed within one year of an original or renewal application. (624.714, Subd. 2a)
Places Prohibited
- School property
- A childcare center while children are present
- Public colleges and universities – may have policy restricting the carrying of weapons on their premises by employees and students while on campus
- Private establishments that have posted a sign banning guns on their premises
- Private establishments who have personally informed the permit holder that guns are prohibited and demands compliance
- Places of employment, public or private, if employer restricts the carry or possession of firearms by is employees
- State correctional facilities or state hospitals and grounds (MN Statute 243.55)
- Any jail, lockup or correctional facility (MN Statute 641.165)
- Courthouse complexes, unless the sheriff is notified (MN Statute 609.66)
- Offices and courtrooms of the Minnesota Supreme Court and Court of Appeals
- Any state building unless the commissioner of public safety is notified (MN Statute 609.66)
- In a field while hunting big game by archery, except when hunting bear (MN Statute 97B.211)
- In federal court facilities or other federal facilities (Title 18 U.S.C.§ 930)
From may issue to shall issue
May Issue:licensing systems sometimes referred to as discretionary permit systems allow legal authorities to grant licenses to carry concealed firearms to citizens who establish a compelling need for doing so.
Shall Issue:licensing systems often referred to as presumptive right-to-carry laws require authorities to provide a license to any applicant who meets specified criteria.
Minnesota has switched from a may issue state to a shall issue state.
Minnesota State Statute 624.714
Mississippi
Mississippi[142][143] 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,[144] 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.[145][146][147]
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.[148]
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.[149]
Missouri
Peaceable journey and RV law
Missouri has a "peaceable journey" under Missouri Statutes 571.030 which law says it is legal 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 it is unlawful for a felon (also a drunkard, drug user, or adjudged incompetent Person) to have possession of any firearm (including concealable firearms). Violation of this law 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.
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 state preemption statute allows local governments to prohibit firearms possession among felons and mental incompetents.[citation needed]
Montana[150][151] 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.[152][153][154]
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.[155]
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.[156][157]
Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and became 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.[158][159]
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 Patrol. 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 officer, and public indecency.[160] 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.[161]
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.[162]
Nevada is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed firearms permit to qualified applicants.[163] 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.
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 enforcing "Deadly Weapons" laws which conflict with the preemption laws, and whose legality is therefore at issue. 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.[164][165]
New Hampshire
No license is required to openly carry a firearm while on foot, but carry of a loaded pistol or revolver in a motor vehicle, openly 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 (changed from $20 on July 1, 2009). The term of issue of the license is four years for non-residents, and at least four years for residents.[166] Turn around time is generally 1 – 2 weeks, with 14 days being the maximum time allowed by law.[167]
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. These, like the initial Firearms Identification card, require in-depth application questioning, multiple references and background checks via the State Bureau of Identification and New Jersey State Police. NJ law states that Firearms Identification approval and/or handgun purchase permit(s) must be issued within 30 days. Capacities of semiautomatic handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds or less. N.J. Rev. Stat § 2C:39-1y. New Jersey allows the purchase, possession and use of hollowpoint ammunition except in concert with any sort of criminal activity. New Jersey has its own ban on various semi-automatic firearms as well.[168] 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 nonexistent.
Starting January 1, 2010, New Jersey limited handgun purchases to one per 30 day period.[169]
New Mexico
New Mexico laws governing the possession and use of firearms[170][171] include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".[172]
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."[173]
New Mexico is a "shall issue" state for the concealed carry of handguns, and permits the open carry of loaded firearms.[174] 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.[175]
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.[175]
Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, school, or restaurant that serves alcohol.[176] However, carrying of a licensed concealed weapon into a store that sells alcohol for off site consumption (i.e. Grocery store, gas station, liquor store) is legal (note that "open carry" is expressly disallowed in this case[177]).
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.[178][179] 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 sells alcohol for consumption on premises.
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 or Maryland), once a New York State pistol license is obtained (with varying degrees of difficulty depending on the jurisdiction the licensee resides in), the restrictions on carrying handguns vary greatly jurisdiction to jurisdiction.
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 within New York State (NY Penal law 265.01). New York State pistol licenses are not issued to out-of-state residents (or even part-time New York State 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 carry a handgun in New York State. Some states will recognize NY's handgun license.
Simply traveling through New York State while in possession of any 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. NY Penal law, 265.20 Exemptions, Section 12 allows travel "by a person who is a member or coach of an accredited college or university target pistol team" ... and Section 13 allows travel "while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within forty-eight hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within forty-eight hours of such event," ... Federal law 18 USC 926A entitles a person to transport a firearm however people have been arrested for having an unregistered handgun when flying out of NY airports. 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 (premises-only is the most common license issued 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 (i.e. sportsman's license) and/or traveling to and from the range (i.e. target license). These restrictions, however, are administrative in nature; carrying a licensed, registered handgun outside of the restrictions indicated on a Carry 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 licensee'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 any other licensee to licensed 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 at a gun store or gun show. 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 greatly 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 like NY City's $340 for a 3 year license, 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 vague "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 non-NYC carry license), the restrictions (or lack thereof) as they appear on the license stay with the license as the individual travels from county to county within the state. For example, the holder of a Delaware County pistol license (unrestricted carry) can carry his concealed handgun into a restaurant 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 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.[180] 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).[181][182][183][184][185] This requirement is a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from obtaining handguns.[186]
Durham County requires the registration of handguns. In accordance to North Carolina Law, no other county or local government may require handgun registration.[186]
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. State approved courses are not highly regulated, and can be found everywhere. 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.[187]
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.[188][189]
Open Carry is also legal throughout North Carolina[190] 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. You shall be able to carry weapons if no one is harmed. If someone feels threatened by your open carry, you may be arrested under the state's "Going armed to the terror of the public". Simply feeling threatened at the sight of openly carried weapon does not rise to the level of "Going armed to the terror of the public." As always interaction with law enforcement is often largely dependent on the attitude of the officers involved and the conduct of the individual.
North Dakota
North Dakota[191] 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.[192][193][194][195]
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.[196]
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.[197]
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.[198]
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:
- Alaska
Updated: 2007-12-20
http://www.dps.alaska.gov/Statewide/PermitsLicensing/reciprocity.aspx - Arizona
Updated: 2006-12-24
http://www.azdps.gov/ccw/reciprocity/default.asp
Non-resident permit/license okay - Delaware
Updated: 2005-06-02
http://attorneygeneral.delaware.gov/crime/concealedweapons.shtml - Florida
Updated: 2005-06-01
http://licgweb.doacs.state.fl.us/news/concealed_carry.html
Resident permit/license only - Idaho
Updated: 2005-06-01
http://www.isp.state.id.us/patrol/faqs.html - Indiana
Updated: 2010-01-18
http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html (See IC 35-47-2-21) - Kentucky
Updated: 2004-01-09
http://www.kentuckystatepolice.org/conceal.htm - Michigan
Updated: 2005-06-01
http://www.michigan.gov/ag/0,1607,7-164-17334_17362_22672-60639--,00.html
Resident permit/license only - Missouri
Updated: 2004-02-27 - Montana
Updated: 2005-06-01
http://www.doj.mt.gov/enforcement/criminaljustice/concealedweapons.asp - New Mexico
Updated: 2005-11-30
Non-resident permit/license okay - North Carolina
Updated: 2005-08-21
http://www.ncdoj.com/law_enforcement/cle_handguns.jsp - Oklahoma
Updated: 2005-06-02
http://www.oag.ok.gov/ - South Carolina
Updated: 2006-12-27
http://www.ag.state.oh.us/le/prevention/concealcarry/reciprocity.asp
Resident permit/license only - South Dakota
Updated: 2005-07-01
http://www.sdsos.gov/adminservices/concealedpistolpermits.shtm
Non-resident permit/license okay - Tennessee
Updated: 2005-06-02
http://www.tennessee.gov/safety/handgun/reciprocity.htm - Utah
Updated: 2009-06-03
http://publicsafety.utah.gov/bci/FAQother.html - Vermont
Updated: 2004-09-11
See general notes section of Vermont page - Virginia
Updated: 2004-07-30
http://www.vsp.state.va.us/cjis_reciprocity.htm - Washington
Updated: 2004-06-30
http://www.atg.wa.gov/firearms/states.shtml - Wyoming
Updated: 2004-07-19
http://attorneygeneral.state.wy.us/dci/CWP.html
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;[199]
- In a closed glove compartment or console, or in a case that is locked;[199]
- In a holster secured on the person.[199]
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.[198]
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.[200]
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).
When purchasing a handgun you must pass an Oklahoma State Bureau of Investigation background check. This could take 10 minutes or up to 7 days. There is no limit on the number of handguns you may purchase.
Oregon
In Oregon, the right to bear arms is protected by Article 1, Section 27 of the state constitution.[201]
Oregon is a shall-issue concealed-carry state[202] and is notable for having very few restrictions on where a concealed firearm may be carried.[203] 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.[204]
Oregon is also an open-carry state,[205] 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.[206] The cities of Portland, Beaverton, Tigard, Oregon City, Salem, and Independence have banned loaded firearms in all public places.[207]
Pennsylvania
In Pennsylvania a License To Carry Firearms is only required to conceal a firearm, or to carry a firearm in a motor vehicle. The law is silent on the act of openly carrying a firearm while not in a vehicle making it de-facto legal. It must be noted however that due to 18 Pa.C.S. § 6108 (Carrying firearms on public streets or public property in Philadelphia) a License To Carry Firearms is required to carry a firearm in any manner on the streets or public property of a "City of the first class" (Philadelphia.) Nonetheless, all Pennsylvania LTCF permits are valid in Philadelphia.[208][209][210]
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? | Partial | Partial | --- | 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. No permit is required to purchase rifles, shotguns, or handguns. South Carolina also has "Castle Doctrine" legal protection of the use of deadly force against intruders into one's home, business, or car. It is unlawful to carry a firearm onto private or public school property or into any publicly owned building without express permission. 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.[211][212]
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.[213]
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 Carolina also has the "Make My Day" law. Giving a person to right to become a person's "alter ego" and use deadly force to protect another person if said person has the right to use deadly force himself but not the means.
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.[214][215][216][217]
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.[218]
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.[219] Firearms manufacturers, distributors, and sellers are not liable for injury caused by the use of firearms.[220]
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? | No | No | T.C.A. 39-17-1314 | Tennessee is an anomalous State. The Legislature made a loop hole for cities and municipalities with laws in effect prior to April 8, 1986. The local ordinances in effect before April 8, 1986 pre-empt State law see TCA 39-17-1314(a). 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 | On July 1, 2003 public chapter 275 is in effect. It requires the CLEO, chief law enforcement officer, to sign NFA paperwork in 15 days if the applicant is not prohibited from possessing firearms. see TCA 39-17-1361 . |
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 | This law was declared unconstitutional in November 2009. It is illegal to carry a handgun into a restaurant that serves alcohol for consumption on premisis. |
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 judicial 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 (affirmative defense) if you are entering the property solely 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. Metro Nashville parks are off limits, but are not posted. 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 visible and "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. Andrews v State 1870 and Glasscock v Chattanooga 1928 defined the meaning of regulating arms. "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). Handguns in Tennessee are defined as having a barrel length of less than twelve inches see TCA 39-11-106.
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 not specifically prohibited as PC 46.02 (unlawful carry of weapons) only mentions handguns, however it may be construed as "Disorderly Conduct". |
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 | PC 46.01(9), PC 46.05 | State law prohibits ownership outside of NFA compliance, calling possession while in compliance "a defense to prosecution." |
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 "long-barreled firearms" or "long guns" (shotguns, rifles and similar) 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".[221] Penal Code Section 1.08 also prohibits local jurisdictions from enacting or enforcing any law that conflicts with State statute. Local ordinances restricting discharge of a firearm are generally allowed as State law has little or no specification thereof.
There is no legal statute specifically prohibiting the open (unconcealed) carry of a long-barreled firearm, 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"). Concealed carry of a long gun is generally prohibited. 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 legally 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).[222] 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 (including driver licenses), 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, criminal/civil liability, 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 federal 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.[223] 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.[224] 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.[225][226]
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.[221]
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 no 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 person's 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)).[227]
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.[228]
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.[229]
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.[230]
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."[231]
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.
State Preemption
There is State preemption of local firearm laws.[233]
Localities may regulate:
- The discharge of firearms.[233]
- The transportation of a loaded rifle or shotgun.[234]
- Fingerprinting for concealed handgun permits, though fingerprints may not be kept and must be destroyed or returned to the applicant following the background check.[235]
- 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.[236]
- The use of pneumatic guns.[237]
Legality of certain firearms
- Striker 12 Shotguns, aka "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells is illegal in the state of Virginia.[238]
- National Firearms Act weapons are allowed under Virginia state law but machine guns must be registered with the Virginia State Police[239].
Prohibited Places
Firearms are prohibited from the following places:
- Places of religious worship, during and active worshiping service, without good and sufficient reason.[240]
- Any courthouse.[241]
- An air carrier airport terminal.[242]
- 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.[243] Holders of Concealed Handgun Permits (CHP) are exempt from this law.
- 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.[244] CHP holders are allowed to have their weapons 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 currently prohibited from any restaurant or club that is licensed to sell alcohol for on-premises consumption.[245] Openly carried handguns are permitted in such places.
- Virginia Governor Bob McDonnell signed a bill into law in April 2010 that will allow CHP holders to carry concealed into restaurants that serve alcohol as long as the holders do not consume alcohol. The law will take effect on July 1.[246]
- State parks; except that concealed handguns may be carried by those who have a valid permit.[247]
- Private property where prohibited by the owner.[248]
Prohibited Persons
The following persons are prohibited from possessing, purchasing, and/or transporting a firearm in Virginia:
- ...acquitted by reason of insanity.[249]
- ...adjudicated legally incompetent, mentally incapacitated,[250]
- ...involuntarily admitted to a facility or ordered to mandatory outpatient treatment.[251]
- ...subject to protective orders.[252]
- ...convicted of certain drug offenses; for a period of five years.[253]
- ...who have been convicted of a felony, kidnapping, robbery by the threat or presentation of firearms, or rape.[254]
- ...not a citizen of the United States or who is not a person lawfully admitted for permanent residence [legal residents cannot possess, purchase or transport an assault firearm; illegal residents are blocked from all areasof firearm interraction].[255]
- ...under the age of 18, while outside of his home or property without parental permission and adult supervision.[256] 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.[257]
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.[258]
- Dealers must perform a criminal background check.[259]
- Non-residents may purchase long guns and handguns, but a handgun purchase requires a report from the Department of State Police.[260]
- One handgun per 30-day period.[261]
- Except:
- Upon completion of an enhanced background check
- A law enforcement agency
- An agency duly authorized to perform law-enforcement duties
- State and local correctional facilities
- A private security company licensed to do business within the Commonwealth
- The purchase of antique firearms
- A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately
- A person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day
- A person who holds a valid Virginia permit to carry a concealed handgun
- A person who purchases a handgun in a private sale for the enhancement of a personal collection of curios or relics or who sells all or part of such collection of curios and relics.
- A law-enforcement officer
- The exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement
- Except:
Open Carry (OC)
- Legal when the firearm is not hidden from common observation.[262]
- No permit is required to openly carry a firearm.
- The minimum age to open carry (OC) is 18.
- It is legal to openly carry in a vehicle.
- Since concealed carry is prohibited in restaurants and clubs that serve alcohol (until July 1, 2010, when it becomes legal in restaurants), it is common for someone carrying a concealed firearm to comply with the law by tucking their shirt behind the butt of their handgun just before entering the premises. This is known as the Virginia Tuck.
Concealed Carry
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.[263] Virginia also issues non-resident permits to qualifying individuals.[264] The permit may cost no more than $50 for residents, and $100 for non-residents.[265] 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.[266] The list of such states is maintained by the Virginia State Police.[267]
The following persons are prohibited from applying for a concealed handgun permit:[268]
- Any prohibited person enumerated above.
- 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) holder exemptions
- May purchase more than one handgun per 30-day period.[269]
- May carry a semi-automatic center-fire rifle or pistol loaded with 20 rounds or more in certain, prohibited, public areas.[243]
- Gun Free School Zone Act: CHP holders may carry guns on school grounds in their personal vehicles as long as they stay in the car and the gun remains concealed[270][271]
- May carry firearms in the VA General Assembly.
- May carry concealed handguns in State parks.[272][273]
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.[274][275] 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.[276]
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 Gray Peterson 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 Peterson, that due to the year it was passed, it was likely due to "Panther paranoia." March was proven correct. [citation needed]
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, Peterson pursued the issuance of guidance and memorandums to individual officers by police administrators. After one of these bulletins was issued by one department, Peterson 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.
There are multiple exceptions to laws restricting firearms on school grounds [277] such as:
- Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student.
- Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school.
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-resident alien to possess a firearm in Washington without an Alien Firearm License (Permanent Residents can legally possess firearms without a license as stated in RCW 9.41.171).[278] 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.[279]
It is a gross misdemeanor to aim a firearm "whether loaded or not, at or towards any human being".[280]
Washington State accepts concealed-weapons permits from the following states: Florida, Louisiana, Michigan, Mississippi, North Carolina, Ohio, Oklahoma & Utah.[281]
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;"[282]. 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.
It is a violation of state law to buy, sell or own a machine gun in Washington state.[283]
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; no permit required for concealed carry of pistols and revolvers in home or place of work. |
State preemption of local restrictions? | Yes | Yes | § 7-1-3 | Some local restrictions are grandfathered.[284] |
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 are preemptive, but there still remain grandfathered restrictions on open carry in some localities, such as Charleston[284] and Dunbar. The SB 716 is a proposed senate bill which would amend the law to remove those restrictions.[285][286]
West Virginia enacted the castle doctrine on April 10, 2008.[287]
Wisconsin
Wisconsin is one of two states that completely prohibit concealed carry by private citizens.[288] Open carry is legal except where prohibited by law (vehicles, government buildings, schools, establishments that sell liquor for consumption on the premises, state parks, and 1000' from the edge of school property unless on private property)."[289] Some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. On April 20, 2009 the Wisconsin attorney general's office released a memorandum to all law enforcement agencies stating that mere open carry of a firearm was not disorderly conduct, and instructed both law enforcement and the district attorneys to cease this practice. 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. In 2006, Governor Jim Doyle stated "you want to carry a gun in Wisconsin, wear it on your hip."
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 state 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 10 may not hunt with a firearm or bow under any circumstances
- under 10 can only possess firearm/bow in Hunter Safety class, or while cased/unloaded and under adult supervision while going to/from Hunter Safety class, or while under adult supervision while at a target range.
- anyone age 10 or over may hunt when accompanied by an adult (within arms reach, both must be licensed, only one firearm/bow between the adult and mentor (no hunter safety course requirement for the mentored hunter).
- 12-13 may hunt when accompanied by an adult and 12-13 has successfully completed a Hunter Safety class.
- 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
- 14-17 is the same as 12-13, except Hunter Safety graduates can hunt and possess firearms (rifles/shotguns) without adult supervision.
School students shall be suspended until their expulsion hearing if they possess a firearm in school or during a school event (except if the student is participating in a Hunter Safety Education class). 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. ** unless on private property ** “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.[290]
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. In this section, unloaded means "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm" and encased means "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" although it is not safe. Statute 167.31(4)(d).
Exceptions: Law enforcement officers, military personnel on active duty, landowners and 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.[291]
See also
Notes and references
- ^ U.S. Concealed Carry Reciprocity Map on USACarry.com
- ^ Pack-N-Go Carry Concealed Trip Planner on carryconcealed.net
- ^ Printz v. United States, 521 U.S. 898 (1997)
- ^ "Printz v. United States". stephenhalbrook.com. Retrieved March 28, 2010.
Congress may not require the States to administer a federal regulatory program
- ^ Alabama Concealed Carry Permit Information on USACarry.com
- ^ Alabama Reciprocal Pistol Permit (Concealed Carry) Agreements
- ^ Alaska Statutes 29.35.145
- ^ Arizona Revised Statutes Title 13 — Criminal Code
- ^ Arizona Revised Statutes Section 13-3108
- ^ Arizona Concealed Weapons Permit Unit - Obtaining a Permit
- ^ Arizona Concealed Weapons Permit Unit - FAQ
- ^ "AZ CCW Permit Reciprocity" on azccw.com
- ^ http://www.azcdl.org/html/news.html
- ^ Arizona Revised Statutes Title 13 Section 3111
- ^ Arizona Revised Statutes Title 13 Section 3108
- ^ Arizona Revised Statutes Title 13 Section 3107
- ^ Arizona Revised Statutes Title 13 Section 3102
- ^ Arizona Revised Statutes Title 13 Section 3119
- ^ Arizona Revised Statutes Title 4 Section 244
- ^ [1]
- ^ Arizona Revised Statutes Title 13 Section 3101
- ^ Arkansas State Police Regulatory Services Section — Concealed Handgun Licensing
- ^ California Department of Justice — 53701 GC State Preemption of Firearm Regulations
- ^ "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."
- ^ California Department of Justice, Bureau of Firearms main page
- ^ Bureau of Firearms — Current and Proposed Regulations
- ^ California Concealed Carry
- ^ California Concealed Carry Permit Information on USACarry.com
- ^ California Penal Code § 12031
- ^ California Open Carry FAQ
- ^ California Department of Justice — California Firearms Laws
- ^ Bureau of Firearms — Handgun Safety Certificate Program
- ^ Bureau of Firearms — Handgun Safety Certificate Program — Frequently Asked Questions
- ^ California Department of Justice, Bureau of Firearms — Roster of Handguns Certified for Sale
- ^ "What is an 'Assault Weapon'?", calgunlaws.com
- ^ "NRA/ILA Firearms Laws for California"
- ^ "Assembly OKs Micro-Stamp on Some Guns", San Francisco Chronicle, May 30, 2007
- ^ "Gov. Signs Bills Opposed by NRA", Los Angeles Times, October 14, 2007
- ^ AB 1471 bill text, Official California Legislative Information
- ^ Egelko, Bob. "Schwarzenegger Signs Ammo-Regulation Bill", San Francisco Chronicle, October 13, 2009
- ^ Connecticut General Statutes Section 29-36
- ^ Connecticut General Statutes Section 53-202
- ^ Connecticut General Statutes Section 29-28
- ^ CT BFPE Office of Legislative Research
- ^ NRA/ILA Firearms Laws for Connecticut
- ^ Connecticut Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ "D.C.'s Ban On Handguns In Homes Is Thrown Out", "CNN", June 26, 2008
- ^ SAF SUES DISTRICT OF COLUMBIA OVER CARRYING OF HANDGUNS Saf.org
- ^ Florida Statutes, Chapter 790: Weapons and Firearms
- ^ Florida Statutes, Chapter 790.001(17): Weapons and Firearms
- ^ Florida Crimes Code Section 790.25 at Law and Legal Research
- ^ "Walt Disney World Fires Back on Guns at Work", Orlando Sentinel, July 3, 2008
- ^ "After Protesting Gun Rule, Disney Guard is Fired", Orlando Sentinel, July 8, 2008
- ^ Florida Department of Agriculture and Consumer Services - Division of Licensing
- ^ a b Georgia House Bill 89, Georgia General Assembly
- ^ "Perdue Signs Law Allowing Guns in Restaurants", Atlanta Journal-Constitution, May 14, 2008
- ^ Senate Bill 396, Georgia General Assembly
- ^ a b State Firearms Laws and Published Ordinances for Hawaii — ATF
- ^ Firearms Laws for Hawaii — NRA/ILA
- ^ Hawaii State Law Summary — LCAV
- ^ Hawaii Revised Statutes §134-9: Licenses to carry
- ^ "Women Tell Lawmakers They Want the Right to Protect Themselves with a Concealed Firearm", Hawaii Reporter, February 17, 2006
- ^ Hawaii Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ Hawaii Concealed Carry Permit Information on USACarry.com
- ^ Hawaii Gun Laws — Honolulu Police Department
- ^ Hawaii Gun Laws — Hawaii Rifle Association
- ^ [2]
- ^ Idaho statute 18-3302 — Issuance of Licenses to Carry Concealed Weapons
- ^ a b Idaho Attorney General — Concealed Weapons Permit FAQs
- ^ Idaho Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ Idaho Concealed Carry Information on USACarry.com
- ^ a b Firearms Laws for Idaho at nraila.org
- ^ Idaho State Law Summary at lcav.org
- ^ Illinois General Assembly — 430 ILCS 65 — Firearm Owners Identification Card Act
- ^ Illinois General Assembly — Public Act 095-0581
- ^ Illinois State Police -- Firearm Owner's Identification Information
- ^ Municipal Code of Chicago, section 8-20-040, Registration of firearms
- ^ Municipal Code of Chicago, section 8-20-050, Unregisterable firearms
- ^ "Chicago Gun Law Spurs Deluge of Applications", New York Times, April 13, 1982
- ^ Oak Park, Illinois Village Code section 27-2-1
- ^ City of Highland Park City Code
- ^ "Suburbs with Gun Bans Split on Court Ruling", Chicago Tribune, June 27, 2008
- ^ "NRA Sues Chicago, 3 Suburbs to Repeal their Firearms Bans", Chicago Tribune, June 27, 2008
- ^ "Wilmette Repeals Town's Handgun Ban After High Court Ruling", Chicago Tribune, July 25, 2008
- ^ "Morton Grove Repeals 27-Year-Old Gun Ban", Chicago Tribune, July 28, 2008
- ^ "Evanston Latest Suburb to Repeal Handgun Ban in Wake of High Court Ruling", Chicago Tribune, August 12, 2008
- ^ "Winnetka Strikes Handgun Ban", Winnetka Talk, November 19, 2008
- ^ "Daley Promises to Fight to Keep Handgun Ban", Chicago Tribune, July 25, 2008
- ^ "Mayor Daley vs. the Supreme Court", Chicago Tribune, June 27, 2008
- ^ "Chicago Continues to Enforce Gun Ban", Chicago Sun-Times, July 25, 2008
- ^ "Corrections and Clarifications, November 21, 2008", Chicago Tribune
- ^ "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."
- ^ Cook County Clerk's Office -- November 14, 2006 Ordinances ordinance 06-O-50
- ^ Illinois State Police -- Municipal Ordinances Relating to Firearms
- ^ Illinois Retired Officer Concealed Carry Program
- ^ a b Illinois General Assembly — 720 Illinois Compiled Statutes 5/24 -- Deadly Weapons
- ^ Indiana Code Title 35 Article 47: Weapons and Instruments of Violence
- ^ IC 35-47-2-3 - Application for license to carry handgun; procedure
- ^ Indiana Code Title 34 Article 12 Chapter 3: Legal Actions Involving Firearms and Ammunition
- ^ a b Iowa Department of Public Safety, Administrative Services Division — Iowa Weapons Laws
- ^ "Iowa Concealed Carry CCW Laws and Information" on carryconcealed.net
- ^ Iowa Concealed Carry Permit Information on USACarry.com
- ^ "Iowa CCW Concealed Carry Hand Gun Legal Info" at iowacarry.org
- ^ "NRA/IRA Firearms Laws for Iowa"
- ^ "Legal Community Against Violence — Iowa State Law Summary"
- ^ Kansas Attorney General -- Concealed Carry
- ^ "Sebelius Signs Gun Bill into Law", Topeka Capital-Journal, April 22, 2008
- ^ Senate Bill No. 46, Kansas Legislature
- ^ 503 Kentucky Administrative Regulations 4.050: Required content and conduct of the applicant training course.
- ^ "Teo Pro-Gun Bills in KY Need Your Help!". The Pulse of KC3. Kentucky Coalition to Carry Concealed. 2010-04-01. Retrieved 2010-04-17.
- ^ Louisiana State Police — Concealed Handgun Permit Unit
- ^ Louisiana Concealed Carry CCW Laws and Information on concealedcarry.net
- ^ Louisiana Concealed Carry Permit Information on USACarry.com
- ^ NRA/ILA Firearms Laws for Louisiana
- ^ Bureau of Alcohol, Tobacco, and Firearms — State Firearms Laws — Maine
- ^ Search the Maine Statutes — "firearm"
- ^ Maine State Police — Weapons Permits & Professional Licensing
- ^ State of Maine Laws Relating to Permits to Carry Concealed Firearms
- ^ Maine Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ Maine Concealed Carry Permit Information on USACarry.com
- ^ Maine Weekly Legislative Report, June 25, 2007
- ^ Firearms Laws for Maine on nraila.org
- ^ Maine State Law Summary on lcav.org
- ^ MD site for training for regulated firearm purchase
- ^ Maryland Concealed Carry Permit Information on USACarry.com
- ^ NRA-ILA Firearms Laws for Maryland
- ^ "Report Faults Md. Ballistics Database", Washington Post, January 18, 2005
- ^ "Michigan Legislature". Legislature.mi.gov. Retrieved 2008-09-06.
- ^ "Firearms.indd" (PDF). Retrieved 2008-09-06.
- ^ "Michigan Legislature". Legislature.mi.gov. Retrieved 2008-09-06.
- ^ MCL 750.224a
- ^ Michigan Compiled Laws Section 28.429
- ^ MCL 3.111-3.112
- ^ MCL 28.422(4)
- ^ Public Act 195 of 2008
- ^ MCL 750.229
- ^ "MSP - Proper Conduct During Encounters with Police". Michigan.gov. Retrieved 2008-09-06.
- ^ "MSP - Pistol Free Areas". Michigan.gov. Retrieved 2008-09-06.
- ^ MCL 750.227(2)
- ^ MCL 123.1104
- ^ MCL 800.283(3)
- ^ Firearms Laws for Mississippi on nraila.org
- ^ Mississippi State Law Summary on lcav.org
- ^ Mississippi Code section 95-3-1: Definitions of terms "person," "place" and "nuisance".
- ^ Mississippi Department of Public Safety — Highway Patrol — Firearm Permits Unit
- ^ Mississippi Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ Mississippi Concealed Carry Permit Information on USACarry.com
- ^ Bureau of Alcohol, Tobacco, and Firearms — State Laws and Published Ordinances — Firearms — Mississippi
- ^ Mississippi Code section 11-1-67: Authority to sue traders in firearms reserved to state.
- ^ Montana Code Annotated, Title 45, Chapter 8, Part 3: Weapons
- ^ Montana Shooting Sports Association — Montana Gun Laws
- ^ Montana Department of Justice — Concealed Weapons
- ^ Montana Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ Montana Concealed Carry Permit Information on USACarry.com
- ^ Montana Code Annotated — 45-8-351: Restriction on Local Government Regulation of Firearms
- ^ Firearms Laws for Montana on nraila.org
- ^ Montana State Law Summary on lcav.org
- ^ Deines, Kahrin. "New Gun Law Aimed at Asserting Sovereignty", Helena Independent Record, April 16, 2009
- ^ Text of House Bill 246, 2009 Montana Legislature
- ^ Chapter 9.36, Lincoln Municipal Code, City of Lincoln
- ^ Handgun Certificates, City of Lincoln – Lancaster County Criminal Justice System
- ^ Las Vegas Metropolitan Police Department — Firearms Registration
- ^ Nevada Attorney General — Firearms in Nevada
- ^ Nevada Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ Nevada Concealed Carry Permit Information on USACarry.com
- ^ New Hampshire State Police – Pistol and Revolver Licensing
- ^ New Hampshire State Police – Permits and Licensing FAQs
- ^ New Jersey Administrative Code -- Title 13: Law and Public Safety -- Chapter 54: Firearms and Weapons
- ^ Graber, Trish G. "Gov. Corzine Signs New Law Limiting N.J. Gun Purchases", The Star-Ledger, August 6, 2009
- ^ NRA/ILA Firearms Laws for New Mexico
- ^ Legal Community Against Violence New Mexico State Law Summary
- ^ New Mexico Statutes, Chapter 30, Article 7, "Weapons and Explosives"
- ^ Constitution of the State of New Mexico
- ^ New Mexico Department of Public Safety — Information Concerning the Carrying of Concealed Weapons
- ^ a b New Mexico Department of Public Safety — Concealed Carry Rules Amended and Approved, November 17, 2005
- ^ http://www.dps.nm.org/lawEnforcement/ccw/ccwFaq.php
- ^ Section 30-7-3 NMSA 1978, as amended
- ^ State information for New Mexico on opencarry.org
- ^ New Mexico Department of Public Safety — Conceal & Carry Frequently Asked Questions
- ^ "North Carolina Firearms Laws", North Carolina Department of Justice
- ^ Gaston County Sheriff's Office — Gun Permit Application Procedures
- ^ Wake County Sheriff's Office — Obtaining Handgun Permits in Wake County
- ^ Office of the Orange County Sheriff — Orange County Pistol Permit Application Information
- ^ Durham County Government — Pistol Permit Instructions and Application Package
- ^ Mecklenburg County Sheriff's Office — Gun Permits
- ^ a b North Carolina Rifle & Pistol Association — North Carolina Gun Ownership FAQs
- ^ NRA/ILA Firearms Laws for North Carolina
- ^ North Carolina Concealed Carry CCW Laws and Information on CarryConcealed.net
- ^ North Carolina Concealed Carry Permit Information on USACarry.com
- ^ OpenCarry.org - State Information For North Carolina
- ^ Firearms Laws for North Dakota on nraila.org
- ^ North Dakota Attorney General — Concealed Weapons Permits
- ^ North Dakota Concealed Weapons Permits manual
- ^ North Dakota Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ North Dakota Concealed Carry Permit Information on USACarry.com
- ^ Bureau of Alcohol, Tobacco, and Firearms — State Firearms Laws — North Dakota
- ^ North Dakota State Law Summary on lcav.org
- ^ a b Ohio Attorney General — Concealed Carry information
- ^ a b c 2008 Ohio Attorney General CCW Handbook
- ^ Buckeye Firearms Association -- "House Bill 347, Sweeping Firearms Law Reform Bill, headed to Governor Taft"
- ^ Or. Const. Art. I, § 27.
- ^ ORS 166.291
- ^ See ORS 166.360–180
- ^ See ORS 166.170–176
- ^ See 166.250(3)
- ^ See ORS 166.173
- ^ OpenCarry.org
- ^ Pennsylvania State Police — Frequently Asked Questions — Carrying Firearms
- ^ Pennsylvania Attorney General — Firearms Reciprocity Agreements
- ^ "Pa.C.S. 18, II, G, 61, A: Uniform Firearms Act". Pennsylvania Firearm Owners Association. Retrieved March 18, 2010.
- ^ South Carolina Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ South Carolina Concealed Carry Permit Information on USACarry.com
- ^ http://www.southcarolinacriminaldefenseblog.com/2008/11/state_v_dickey_and_scs_stand_y.html
- ^ South Dakota Attorney General — South Dakota Firearm Laws
- ^ South Dakota Secretary of State — Concealed Pistol Permits
- ^ South Dakota Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ South Dakota Concealed Carry Permit Information on USACarry.com
- ^ "Governor Rounds Signs Bills into Law", South Dakota State News, March 13, 2009
- ^ South Dakota Secretary of State — Firearm Laws
- ^ Firearms Laws for South Dakota on nraila.org
- ^ a b NRA/ILA Firearms Laws for Texas
- ^ Texas Concealed Handgun Laws
- ^ Texas Legislature Online — History of Senate Bill 378
- ^ Texas H.B. 1815
- ^ Texas Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ Texas Concealed Carry Permit Information on USACarry.com
- ^ http://www.le.utah.gov/UtahCode/getCodeSection?code=76-10-523
- ^ http://www.le.utah.gov/UtahCode/getCodeSection?code=76-2-405
- ^ University of Utah v. Shurtleff
- ^ NRA/ILA Firearms Laws for Vermont
- ^ Constitution of the State of Vermont, on the Vermont Legislature web site
- ^ ARTICLE I - Bill of Rights, Section 13. Militia; standing armies; military subordinate to civil power.
- ^ a b § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.
- ^ § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.
- ^ § 15.2-915.3. Requiring fingerprinting for concealed handgun permit.
- ^ § 15.2-1207. Pistols and revolvers; reports of sales.
- ^ § 15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns.
- ^ § 18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty.
- ^ § 18.2-295. Registration of machine guns.
- ^ § 18.2-283. Carrying dangerous weapon to place of religious worship.
- ^ § 18.2-283.1. Carrying weapon into courthouse.
- ^ § 18.2-287.01. Carrying weapon in air carrier airport terminal.
- ^ a b § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
- ^ § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.
- ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection J3
- ^ "Governor Bob McDonnell Signs VA Restaurant Carry Into Law" (Press release). National Rifle Association Institute for Legislative Action. 2010-04-16. Retrieved 2010-04-17.
- ^ Virginia State Parks Regulations 4VAC5-30-200. Firearms.
- ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection O.
- ^ § 18.2-308.1:1. Possession or transportation of firearms by persons acquitted by reason of insanity; penalty; permit.
- ^ § 18.2-308.1:2. Purchase, possession or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty.
- ^ § 18.2-308.1:3. Purchase, possession or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty.
- ^ § 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.
- ^ § 18.2-308.1:5. Purchase or transportation of firearm by persons convicted of certain drug offenses prohibited.
- ^ § 18.2-308.2. Possession or transportation of firearms, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.
- ^ § 18.2-308.2:01. Possession or transportation of certain firearms by certain persons.
- ^ § 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
- ^ § 18.2-56.2. Allowing access to firearms by children; penalty.
- ^ § 18.2-308.2:1. Prohibiting the selling, etc., of firearms to certain persons.
- ^ § 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms.
- ^ § 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms. Subsection C.
- ^ § 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms. Subsection P.
- ^ VA State Police Letter Confirming Legality of Open Carry
- ^ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection D.
- ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection P1.
- ^ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection K.
- ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection P.
- ^ Concealed Handgun Reciprocity and Recognition
- ^ § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. Subsection E.
- ^ Virginia code § 18.2-308.2:2 Criminal history record information check required for the transfer of certain firearms
- ^ Virginia code § 18.2-308.1 Possession of firearm, stun weapon, or other weapon on school property prohibited
- ^ Vaguninfo.com - Gun Free School Zone Act
- ^ Virginia State Parks, FAQ
- ^ Attorney General's Opinion on State Park Carry
- ^ Revised Code of Washington, Chapter 9.41, Firearms and dangerous weapons
- ^ Washington State Department of Licensing -- Requirements: Concealed pistol license
- ^ Washington Superior Court decision No. 05-1-00161-4, posted on Blogspot.com
- ^ Revised Code of Washington 9.41.280
- ^ Washington State Department of Licensing -- Alien firearms license
- ^ "SAF Court Action Prompts Resumption of WA Alien Firearms License Program", Reuters, January 27, 2009
- ^ Washington State Legislature — RCW 9.41.230, "Aiming or discharging firearms, dangerous weapons"
- ^ Washington State Office of the Attorney General — Concealed Weapon Reciprocity
- ^ Washington State Legislature — RCW 9.41.060, "Exceptions to restrictions on carrying firearms"
- ^ [3]
- ^ a b Charleston City Code, Sec. 78-163. Carrying without license or other authorization
- ^ West Virginia Concealed Carry CCW Laws and Information on carryconcealed.net
- ^ West Virginia Concealed Carry Permit Information on USACarry.com
- ^ Porterfield, Mannix (2008-04-10). "Manchin signs 'Castle Doctrine' bill". The Register-Herald. Retrieved 2008-04-27.
- ^ "Right-to-Carry 2008", NRA-ILA Fact Sheet
- ^ Wisconsin State Statutes and Case Law on opencarry.org
- ^ http://www.legis.state.wi.us/statutes/Stat0948.pdf
- ^ Wyoming Attorney General — Concealed Firearm Permits
External links
- U.S. Bureau of Alcohol, Tobacco and Firearms — State Laws and Published Ordinances — Firearms
- National Rifle Association — State Firearms Laws
- Legal Community Against Violence — State & Local Laws
- USA Carry — Concealed Firearm Information and Resources
- CarryConcealed.net — Concealed carry laws and maps
- OpenCarry.org — Open carry laws and maps