From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Gun laws in the United States (by state)
U.S. Firearms These are recognized on a state-by-state basis. For exam-
Legal Topics ple, Idaho recognizes an Oregon permit, but Oregon does
not recognize an Idaho permit. Florida issues a license to
Assault weapons ban
carry both concealed weapons and firearms, but others
ATF Bureau license only the concealed carry of firearms. Some states
do not recognize out-of-state permits to carry a firearm
Brady Handgun Violence Prevention Act
at all, so it is important to understand the laws of each
Concealed carry in the U.S. state when traveling with a handgun.[4]
Domestic Violence Offender Gun Ban In many cases, state firearms laws can be consider-
ably less restrictive than federal firearms laws. This does
Federal Firearms License not confer any de jure immunity against prosecution for
Firearm case law violations of the federal laws. However, state and local
police departments are not legally obligated to enforce
Firearm Owners Protection Act
federal gun law.[5][6]
Gun Control Act of 1968
Gun laws in the U.S. — by state Alabama
Gun laws in the U.S. — federal Main article: Gun laws in Alabama
Gun politics in the U.S.
National Firearms Act
Alaska
Main article: Gun laws in Alaska
Second Amendment to the Constitution
Alaska is the first state to adopt carry laws mimicking
Straw purchase Vermont’s (normally referred to as "Vermont Carry"), in
Sullivan Act (New York) which no license is required to carry a handgun either
openly or concealed. However, permits are still issued
Violent Crime Control Act to residents for purposes such as reciprocity with other
states[15] and exemption from the Federal Gun Free
Gun laws in the United States regulate the sale, posses- School Zone Act.[16] The term "Alaska Carry" has been
sion, and use of firearms and ammunition. State laws used to describe laws which require no license to carry
vary, and are independent of existing federal firearms handguns openly or concealed but licenses are still avail-
laws, although they are sometimes broader or more lim- able for those who want them. Some city ordinances do
ited in scope than the federal laws.For instance, some US not permit concealed carry without a concealed carry
states have created assault weapon bans that are simi- license, but these have been invalidated by the recent
lar to the expired federal assault weapons ban. State lev- state preemption statute.[17]
el laws vary significantly in their form, content, and lev- Alaska restricts people from carrying guns in any
el of restriction. Forty-four states have a provision in place regulated by the liquor control board (bars and
their state constitutions similar to the Second Amend- liquor stores, and restaurants that serve alcohol only
ment to the U.S. Constitution. The exceptions are Cali- with carry permit), schools, domestic violence shelters,
fornia, Iowa, Maryland, Minnesota, New Jersey, and New courts, and correctional institutions. A person carrying a
York. In New York, however, the statutory civil rights concealed gun in Alaska, when contacted by a police offi-
laws contain a provision virtually identical to the Second cer is required by law to inform the officer they are car-
Amendment.[1][2] As well, the Supreme Court of the Unit- rying and cooperate if the officer chooses to temporarily
ed States has held that the protections of the Second seize the gun for the length of the encounter. The posses-
Amendment apply against state governments and their sion of any firearm while intoxicated is illegal.
political subdivisions (see: McDonald v. Chicago).[3]
Firearm owners are subject to the firearm laws of the
state they are in, and not exclusively their state of resi- Arizona
dence. Reciprocity between states exists in certain situ- Main article: Gun laws in Arizona
ations, such as with regard to concealed carry permits.
1
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit to No No None No
Purchase?
Firearm registra- No No None No
tion?
"Assault weapon" No No None No
law?
Owner license re- No No None No
quired?
Carry permits is- No Yes AS 18.65.700 May carry concealed without permit, though permits can be is-
sued? through sued for those who wish to have them.
18.65.778
State Preemption Yes Yes AS 29.35.145 Municipalities may enact and enforce local regulations only if
of local restric- they are identical to, and provide the same penalty as, State
tions? law.
NFA weapons re- No No None No
stricted?
Peaceable Journey No No None Federal rules observed.
laws?
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No No None No
to Purchase?
Firearm reg- Partial Partial ARS State law duplicates some of the registration requirements of the Na-
istration? 13-3101 tional Firearms Act.
"Assault No No None No
weapon"
law?
Owner li- No No None No
cense re-
quired?
Carry per- Yes * Yes* ARS Concealed carry over the age of 21 in most places no longer requires a
mits issued? 13-3112 permit as of July 29, 2010. Although not required, a concealed carry per-
mit may still be obtained and has certain advantages.
State Partial Partial ARS Explained in main article
Preemption 13-3108
of local re-
strictions?
NFA weapons Partial Partial ARS It is a violation of state law to possess some NFA weapons except as per-
restricted? 13-3101 mitted by federal law.
Peaceable No No None Federal rules observed.
Journey
laws?
Arkansas In Arkansas, possession or ownership of a firearm is ille-
gal for anyone who has been convicted of a felony, adju-
Main article: Gun laws in Arkansas dicated to be mentally defective, or committed involun-
tarily to a mental institution.
2
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No No None No
to Purchase?
Firearm reg- No No None No
istration?
"Assault No No None No
weapon"
law?
Owner li- No No None No
cense re-
quired?
Carry per- No Yes 5-73-301 Concealed carry requires a permit. Open carry is not permitted.
mits issued? –
5-73-320
State Yes Yes 5-73-120
Preemption
of local re-
strictions?
NFA N/A N/A 5-73-120
weapons re-
stricted?
Peaceable ? Yes 5-73-120 A person has a defense to the crime of carrying a weapon when they are on
Journey (c)(4) a journey, unless the journey is through a commercial airport at the secu-
laws? rity checkpoint or is in checked baggage and is not a lawfully declared
weapon
Arkansas is a "shall issue" state for the concealed is a "may issue" state for concealed carry. A license to
carry of firearms.[18] Applicants must pass a background carry a concealed firearm may be issued or denied to
check and complete a training course to receive a new qualified applicants at the discretion of the county sheriff
or renewal concealed carry license. An existing license is or municipal police chief in their place of resi-
suspended or revoked if the license holder is arrested for dence.[23][24] In practice, the attitudes of different sher-
a felony or for any violent act, becomes ineligible due to iffs and police chiefs toward the issuance of permits vary
mental health treatment, or for a number of other rea- widely and, consequentially, different jurisdictions in
sons. Concealed firearms may not be carried at a court- California can vary anywhere from de facto shall-issue to
house, meeting place of any government entity, athletic de facto no-issue.[25] A permit may be issued, by a county
event, tavern, or in a number of other places. Sheriff or city Chief or head of municipal police, in one of
Arkansas has state preemption for most firearms two formats:[26]
laws. However, localities may enact laws regulating the 1. A license to carry concealed a pistol, revolver, or
discharge of firearms, or in emergency situations. Local other firearm capable of being concealed upon the
government units and private individuals may not sue person.
firearms manufacturers or dealers for matters relating to 2. Where the population of the county is less than
the lawful manufacture or distribution of firearms, ex- 200,000 persons according to the most recent federal
cept in cases of product liability or breach of contract. decennial census, a license to carry loaded and
Automatic weapons must be registered with the exposed in that county a pistol, revolver, or other
Arkansas secretary of state, in addition to being regis- firearm capable of being concealed upon the person.
tered under federal law. California does not recognize any concealed carry per-
mits issued by other states or their political subdivisions.
California With exceptions for nonresident Active Duty military
members permanently stationed within California, state
Main article: Gun laws in California law generally forbids nonresidents from obtaining a Cali-
Many civil [libertarian]s and [Republicans] believe Cali- fornia CCW permit.[27]
fornia’s gun laws to be unconstitutional. California[21][22]
3
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No No §12070, All firearm sales (except long guns more than 50 years old) must be com-
to Purchase? §12071, pleted through a dealer. Handgun purchases require a Handgun Safety
§12082 Certificate and proof of residency.
Firearm reg- No Yes §12025 All handgun serial numbers and sales are recorded by the state (registered)
istration? and in the Department of Justice’s Automated Firearms System. Longarm serial
§12031 numbers are not recorded, only the sale. While there is no requirement for
California residents to register previously owned handguns or firearms
with law enforcement, §12025 and §12031 enhance several misdomenor of-
fenses to felonies if the handgun is not on file in the Department of Jus-
tice’s Automated Firearms System. California §12025 states that handguns
must be transported unloaded and in a locked box other than the glove
compartment or utility box in a motor vehicle. New residents must regis-
ter handguns (purchased outside of California) with DOJ within 60 days.
"Assault Yes Yes §12280 , Illegal to possess, import, or purchase assault weapons and .50 BMG rifles,
weapon" §12285 unless such weapons were acquired by the owner prior to June 1, 1989. Le-
law? gally defined assault weapons and .50 BMG rifles listed by make and model
by the DOJ must be registered. Their sale and transfer is prohibited. Mili-
tary 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 mem-
bers residing out of state and assigned to duty in California may bring
personally-owned assault weapons into the state. The military member’s
residence must be in a state that permits private citizens to own and pos-
sess assault weapons, and the firearms must be registered with the Califor-
nia Department of Justice prior to the servicemember’s arrival in Califor-
nia by submitting the registration form with a copy of the member’s Per-
manent Change of Station (PCS) orders.
Owner li- No No None
cense re-
quired?
Carry per- N/A Yes §12050 May issue, depending on jurisdiction. County sheriff’s or local Police
mits issued? Chief’s discretion, many counties are de facto "no-issue," while others are
"shall-issue" in practice. CCW permits valid statewide. Out-of-state permits
not valid in California.
State Yes Yes §53701 Most but not all local restrictions preempted.[19][20]
Preemption GC
of local re-
strictions?
NFA Yes Yes §12220, Possession of automatic weapons or short-barreled shotguns or rifles pro-
weapons re- §12020 hibited without DOJ "Dangerous Weapons Permit"; permission rarely
stricted? granted outside of film industry. Suppressors (aka silencers) prohibited.
AOW’s (Any Other Weapons) permitted, except for "pen guns."
Peaceable No No None
Journey
laws?
Open carry of loaded firearms in public is generally hibited except in areas otherwise prohibiting the carry
prohibited except in unincorporated areas where the of firearms under state or federal law, such as school
county has not made open carry illegal or where the dis- zones, post offices, government buildings, state and na-
charge of firearms is not prohibited. Carrying of an un- tional parks, "sterile" areas controlled by security
loaded, unconcealed firearm in plain sight is not pro- screenings, etc.[28][29]
4
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
The buyer of a firearm must fill out an application to On October 13, 2007, California enacted AB 1471. This
purchase a particular gun. The firearms dealer sends the controversial[36] law requires that, effective January 1,
application to the California Department of Justice (DOJ), 2010, semi-automatic handguns be equipped with micro-
which performs a background check on the buyer. The stamping technology and be listed in the roster of hand-
approved application is valid for 30 days. There is a 10 guns certified for sale. When such a pistol is fired, the mi-
day waiting period for the delivery of any firearm. crostamping mechanism will imprint each cartridge case
Sales of firearms from one person to another (private with a microscopic array of characters that will unique-
party transfers) must be through a licensed firearms ly identify the gun that fired it.[37][38] However, the text
dealer using a Private Party Transfer form. The licensed of this law has language which states that it will not be
dealer may charge a $10 fee, in addition to the $25 trans- enforced if there is only one manufacturer which has the
fer fee that the state charges. Any number of firearms ability to equip this technology. As of this writing, only
may be transferred at one time using this method. The one such manufacturer exists, and there are no others on
dealer submits a Dealer’s Record of Sale (DROS) form to the horizon.
the state, and the purchaser must wait 10 days before On October 11, 2009, California enacted AB 962,
picking up the guns. Federally defined curio or relic long adding new requirements for the sale of common hand-
guns over 50 years old may be sold without going gun ammunition. Effective February 2011, handgun am-
through a licensed dealer.[30] munition sales must take place in person, and dealers
Handgun purchases, except for private party trans- must keep records of ammunition sales for at least five
fers, are limited to one per 30 day period. To purchase years. Buyers of ammunition must also provide a
a handgun, a buyer must have a Handgun Safety Certifi- thumbprint and state identification. Note that by the text
cate.[31] This is obtained by passing a written test, giv- of the bill that holders of an FFL03 (C&R) firearms license
en by a Department of Justice certified instructor, on the and COE are exempt.[39]
safe and legal use of handguns. The certificate is valid for On August 19, 2010, the NRA-CRPA Foundation Legal
five years. A buyer must also perform a Safe Handling De- Action Project filed a lawsuit challenging AB 962. The
monstration when taking possession of a handgun. Some lead plaintiff in the lawsuit was Tehama County Sheriff
individuals are exempt from the Safety Certificate and Clay Parker. The lawsuit alleged that the mandates in
Handling Demonstration requirements, including active AB 962 were incomprehensible, and that the definition
and retired military and law enforcement personnel, of "handgun ammunition" was unconstitutionally vague.
hunter safety certificate holders, and concealed carry li- http://wiki.calgunsfoundation.org/index.php/Park-
cense holders.[32] er_v._California
Dealers may not sell any handgun unless it is listed On January 18, 2011, Fresno Superior Court Judge Jef-
in the state Department of Justice roster of handguns frey Hamilton ruled, in Parker v. California, that the de-
certified for sale. Listed handguns must include certain finition of "handgun ammunition" was indeed unconsti-
mechanical features and pass a set of laboratory tests. tutionally vague. The Court enjoined enforcement of the
Private party transfers, curio/relic handguns, certain bill, allowing mail order ammunition sales to California
single-action revolvers, and pawn/consignment returns to continue, and eliminating the requirement that ven-
are exempt from this requirement.[33] dors maintain records for every ammunition transfer.
It is illegal to sell a firearm that the state has defined http://www.nraila.org/legislation/read.aspx?id=6128
as an "assault weapon", and which has been listed in the http://www.crpa.org/_e/page/1597/
DOJ roster of prohibited firearms, which includes many mr01_18_2011.htm
military look-alike semi-automatic rifles and .50 caliber
BMG rifles.[34] DOJ rostered firearms may be legally pos-
sessed if already registered with the state prior to Jan-
Colorado
uary 2005. Military look-alike firearms that are not listed Main article: Gun laws in Colorado
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
Connecticut
to import, sell, give, trade, or lend a magazine that holds Connecticut, by law, is a May-Issue state, as state statutes
more than 10 rounds of ammunition, except for fixed contain a "suitability clause" and a provision for appli-
tubular magazines for lever-action rifles and .22 caliber cants to "show good cause" for the issuance of CCW per-
rifles; however, the possession of such magazines is legal. mits. However, Connecticut is Shall-Issue both in practice
It is illegal to possess an automatic firearm or a short- and by its Constitution (“Every citizen has a right to bear
barreled shotgun or rifle without permission from the arms in defense of himself and the state.” Article 1, Sec-
Department of Justice; such permission is generally not tion 15), although state and local authorities have some
granted.[35] of the broadest powers in the nation to deny, delay is-
suance of, or revoke a permit.
5
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Statutes Notes
guns
State Permit No No None
to Purchase?
Firearm reg- No No None
istration?
"Assault Varies Varies Denver has an "Assault
weapon" Weapons" ban. See Sec-
law? tion 38-130 of Denver’s
Revised Municipal Code
Owner li- No No None
cense re-
quired?
Concealed Yes Yes CRS 18–12 Shall Issue.
Carry per-
mits issued?
Open carry Yes* Yes* CRS 18–12 Technically legal in most areas unless local laws ex-
without a ist (City of Denver), in which case signs must be
permit? posted. May be interpreted as disturbing the peace
by law enforcement.
Concealed Unloaded Yes CRS 18–12, 33-6-125 **Loaded without a round chambered only (applies
within a ve- Only** to rifles/shotguns, not pistols).
hicle?
State Yes* Yes* CRS 18–12 *Open carry and open car carry of a loaded firearm
Preemption is prohibited in city and county of Denver, other-
of local re- wise, local ordinances are preempted by state law
strictions?
NFA No No None
weapons re-
stricted?
Peaceable Yes Yes CRS 18-12-105.6 Denver’s restrictions on transport/possession of
Journey firearms in vehicles do not apply to persons travel-
laws? ling to or from other jurisdictions; see Trinen v. City
& County of Denver, 53 P.3d 754
Castle Doc- Yes Yes A legal resident of a property has the right to defend
trine? himself, other occupants, and property using deadly
force from intruders, whether they are armed or
not.
"Make My Yes Yes A person may defend himself or others with deadly
Day" Law? force if necessary.
Connecticut has a two-tiered permitting system: a Department of Public Safety and require permits to be is-
60-day Temporary permit issued by the local police chief, sued on a Shall-Issue basis, but the transition to the uni-
and a Regular 5-year permit issued by the Department form statewide permitting system was never fully com-
of Public Safety Special Firearms Licensing Unit (SFLU). pleted, resulting in the two-tiered permitting system in
The Temporary permit, issued by local authorities on a Connecticut today.
May-Issue basis, is a vestige of the pre-1965 CCW permit- Those desiring a CCW permit in Connecticut must
ting system, when Connecticut CCW permits were issued first apply for a temporary permit (valid for 60 days from
entirely by local authorities. The rewriting of the Con- the date of issuance) from the local police department,
necticut State Constitution in 1965 intended to consoli- or in some locations the town clerk’s office, which con-
date authority to issue CCW permits with the Connecticut ducts the background checks and fingerprinting. Tempo-
6
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns statutes
State Permit No Yes CGS Certificate of Eligibility for Pistol or Revolver required to purchase
to Purchase? 29–36(f), handguns. Applicants must complete an approved handgun safety
CGS course, and pass a NICS background check prior to issuance of certifi-
29–36(g) cate. Certificate of Eligibility valid for five years. There is a 14-day wait-
ing period for the purchase of long guns, with exceptions for peace offi-
cers, Active-Duty military members, and holders of carry permits and
hunting licenses.[40][41]
Firearm reg- No* No* CGS Registration required for assault weapons purchased before October 1,
istration? 53–202 1993. There is a de facto registry of handguns maintained by the Depart-
ment of Public Safety as any handgun transfer, be it from a dealer or pri-
vate party, must be accompanied by an authorization number issued by
the DPS and a form containing personal and weapon identification
(DPS-3-C) must be submitted to DPS and local police. This form is col-
lected and maintained on all long guns purchased from FFL dealers as
well, however is not required for the transfer of long guns between pri-
vate parties.
"Assault Yes Yes CGS Partial ban (selective fire weapons, some .50 BMG variants, an enumer-
weapon" 53–202 ated list of specific restricted features and certain brands of semi-auto-
law? matic assault weapons and weapon "types".)
No restrictions on magazine capacity.[42]
Owner li- No No
cense re-
quired?
Carry per- No Yes CGS May-Issue by statute, but Shall-Issue in practice. Permit needed to carry
mits issued? 29–28 open or concealed. Exceptions for peace officers and Active-Duty mili-
tary members.[43] Out of state permits not valid in Connecticut, but non-
residents may apply for a Connecticut Nonresident CCW permit through
the mail.
State Yes Yes CGS
Preemption 29–28
of local re-
strictions?
NFA Partial Partial CGS Selective fire assault weapons prohibited, unless purchased before Octo-
weapons re- 53–202(c) ber 1, 1993.
stricted?
Peaceable No No CGS Federal rules observed.
Journey 29–38
laws?
rary permits are issued on a May-Issue basis, and each permissive CCW policies. For example, the city of Shel-
town is different in its willingness to approve permits, ton, located 12 miles from Bridgeport and 17 miles from
and some towns create their own requirements that go New Haven is Shall-Issue in its temporary CCW issuing
well beyond the State requirements. Larger cities, such practice. The town has 8 weeks to approve the temporary
as Bridgeport, Hartford, and New Haven have established permit. If the temporary permit is granted, the applicant
No-Issue policies for temporary CCW permits, except for must apply to the Department of Public Safety Special Li-
individuals with celebrity status, political connections, or censing and Firearms Unit (SLFU) for a regular CCW per-
a high degree of wealth. Other towns towns will automat- mit (valid for 5 years), who will generally grant the per-
ically issue a permit (as long as the individual does not mit unless there is a specific reason specified by law the
meet any statutory criteria that would disqualify him or individual should be denied. These include:
her from holding such a permit); one does not have to • Criminal possession of a narcotic substance;
travel to remote portions of the state to find towns with • Criminally negligent homicide;
7
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
• Assault in the third degree; semi or fully automatic. A machine gun that can only fire
• Reckless endangerment in the first degree; fully automatic is legal in Connecticut.
• Unlawful restraint in the second degree; Connecticut also has a provision in the statute that if
• Riot in the first degree; a carry permit holder loses a firearm and does not report
• Stalking in the second degree; it, they may lose the permit.[46]
• Has not been convicted as a delinquent for the commis-
sion of a serious juvenile offense;
• Has not been discharged from custody within the pre-
Delaware
ceding twenty years after having been found not guilty of
a crime by reason of mental disease or defect; District of Columbia
• Is not subject to a restraining or protective order issued
In Washington, D.C., all firearms must be registered with
by a court in a case involving the use, attempted use or
the police, by the terms of the Firearms Control Regula-
threatened use of physical force against another person;
tions Act of 1975.
• Is not subject to a firearms seizure order issued for pos-
The same law also prohibited the possession of hand-
ing a risk of personal injury to self or others after a hear-
guns, even in private citizens’ own homes, unless they
ing; or
were registered before 1976. However, the handgun ban
• Is not prohibited from possessing a firearm for having
was struck down by the U.S. Supreme Court in the 2008
been adjudicated as a mentally incompetent under feder-
case District of Columbia v. Heller. The Supreme Court ruled
al law.
that the Second Amendment acknowledges and guaran-
However, an applicant who is denied a temporary
tees the right of the individual to possess and carry
CCW permit from local authorities may appeal the denial
firearms, and therefore D.C.’s ban on handguns was un-
to the state Board of Firearms Permit Examiners (BFPE),
constitutional.[47]
which will generally issue a Regular 5-year CCW permit,
A lawsuit was filed on August 6, 2009, to compel the
provided the applicant does not meet the statutory crite-
district to issue permits to carry weapons.[48]
ria prohibiting him or her from holding such permit. Ap-
plicants may appeal an unfavorable ruling by the Board
of firearms Permit Examiners through the state courts. Florida
Connecticut Residents are issued a "permit to carry
Main Article : Gun Laws in Florida
pistols and revolvers", which permits both open and con-
Florida is a "shall issue" state, and issues concealed carry
cealed carry.[44] Although open carry is not restricted by
permits to both residents and non-residents.Vehicle car-
state law, the Connecticut Board of Firearms Permit Ex-
ry without a permit is allowed either in a snapped holster
aminers suggests that, “every effort should be made to
in plain view, or when the firearm is concealed if the
ensure that no gun is exposed to view or carried in a
firearm is "securely encased". "Securely encased" means
manner that would tend to alarm people who see it.”[45]
in a glove compartment, whether or not locked; snapped
Residents with permits who carry openly may be cited
in a holster; in a gun case, whether or not locked; in a
by police for breach of peace, although state prosecutors
zippered gun case; or in a closed box or container which
usually dismiss such charges after the defendant appears
requires a lid or cover to be opened for access.[50] (Note:
in court and pays applicable court fees.[citation needed]
this legal condition is not the same as "encased secure-
Connecticut does not honor CCW permits from any
ly.") Vehicle carry without a permit is permitted when
other state, but residents of other states who hold a con-
concealed even if it is not "securely encased" if the
cealed weapons permit may apply to the Department of
firearm is not "readily accessible". Vehicle carry on one’s
Public Safety for a non-resident Connecticut permit
person inside a vehicle without a permit is not allowed.
through the mail. Nonresident CCW permits are gener-
Florida recognizes permits from any other state
ally granted on a "shall-issue" basis, provided the ap-
which recognizes Florida’s permit, provided the non-res-
plicant meets Connecticut’s statutory requirements and
ident individual is a resident of the other state and is at
completes a weapons safety course that satisfies the
least 21 years old.[51]
state’s training requirement.
Open carry when on foot in a public area is generally
Connecticut has bans on defined ’assault weapons,’
not permitted, but is allowed in certain circumstances,
which includes selective-fire firearms (unless purchased
as defined in Florida statute 790.25(3). For example, open
before October 1, 1993), and a limited list of semiauto-
carry is permitted while hunting, fishing, or camping, or
matic AR, AK, and SKS variants. However, it does not re-
while target shooting, or while going to or from such ac-
strict magazine capacity.
tivities.[52] When hunting on private land, or on prop-
Connecticut allows all NFA firearms except for selec-
erties expressly approved for hunting by the Fish and
tive fire machine guns. Selective fire machine guns exist-
Wildlife Conservation Commission or Division of
ing in Connecticut before they were banned are grandfa-
Forestry, open carry is also permitted.
thered. Selective fire means that a machine gun can fire
8
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns statutes
State Permit to No No
Purchase?
Firearm regis- No No
tration?
"Assault No
weapon" law?
Owner license No No
required?
Carry permits No Yes 11 Del.C.
issued? § 1441(j)
State Preemp- Yes* Yes* Complete Preemption except any local ordinances that were in effect at
tion of local re- the time that preemption was passed (July 4, 1985) are still in effect and
strictions? are NOT preempted
NFA weapons Yes Yes Civilian ownership for research purposes only
restricted?
Peaceable Jour- No No Federal rules observed.
ney laws?
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit to Pur- No No None
chase?
Firearm registra- No No None
tion?
"Assault weapon" No No None
law?
Owner license re- No No None
quired?
Carry permits is- No Yes Chapter Concealed carry only; open carry not generally allowed, even with
sued? 790.06 permit[49]
State Preemption of Yes Yes Chapter
local restrictions? 790.33
NFA weapons re- No No None
stricted?
Peaceable Journey No No None Federal rules observed.
laws?
Open Carry? No No Chapter Open Carry is generally banned with exceptions for Hunting, Fish-
790.053 ing, Camping, Target Shooting, and at your own home.
State preemption laws prohibit localities from regu- As of October 1, 2005, Florida became a "Stand-your-
lating firearms, other than with regards to zoning laws ground" state. The Florida law is a self-defense, self-pro-
(i.e., for restricting where gun sellers may locate their tection law.
businesses.) On July 1, 2008, A new statewide Florida law went into
Firearm regulations are uniform throughout the effect prohibiting most businesses from firing any em-
state, and a carry permit is valid throughout the state, in ployee with a Concealed Weapon License for keeping a le-
all areas other than in a few specially-defined areas. gal firearm locked in their vehicle in the company park-
ing lot. The purpose of the new law is to allow CWL hold-
9
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No No None
to Purchase?
Firearm regis- No No None
tration?
"Assault No No None
weapon" law?
Owner license No No None
required?
Carry permits Yes Yes OCGA Concealed or open carry allowed with permit. See also OCGA §43–38–10
issued? §16-11-129 which is a special permit for armed security guards.
State Preemp- Yes Yes OCGA Despite state preemption, several localities continue to have local gun
tion of local §16-11-173 restrictions. Recent court rulings have resulted in many of these ordi-
restrictions? nances being withdrawn.
NFA weapons No No None
restricted?
Peaceable No No None Federal rules observed.
Journey laws?
Unlicensed Yes No OCGA A Georgia Weapons License (GWL), or a recognized out-of-state permit,
open carry? 16-11-128 is required for open carry of any handgun outside of one’s home, prop-
erty, motor vehicle, or place of business.
ers to exercise their Second Amendment rights during
their commutes to and from work. Exceptions listed in
Georgia
F.S. 790.251(7) include school property, correctional in- NOTE: On June 8, 2010, Senate Bill 308 was signed by
stitutions, property where a nuclear-powered electricity Governor Sonny Perdue reforming and clarifying many
generation facility is located, property upon which sub- of Georgia’s Gun Laws.[54]
stantial activities involving national defense, aerospace, Georgia is a "shall issue" state, and issues firearms
or homeland security are conducted, property upon permits to residents through a county probate court. Ge-
which the primary business conducted is the manufac- orgia recognizes permits from any other state which rec-
ture, use, storage, or transportation of combustible or ex- ognizes Georgia’s permit.
plosive materials, a motor vehicle owned/leased/rented Any person who may legally own a firearm may carry
by your employer, and any other property upon which a firearm in their home, place of business, and vehicle
possession of a firearm is prohibited pursuant to any fed- without a permit. Georgia does not differentiate between
eral law, contract with a federal government entity, or concealed and open carry except that long guns must be
general law of Florida. carried openly if they are loaded and you do not have a
Florida law allows private firearm sales between res- permit.
idents without requiring any processing through an FFL. State preemption laws prohibit localities from regu-
Florida law also permits larger municipalities to elect lating the ownership, transportation, and possession of
to require a concealed carry permit for a buyer to pur- firearms. Georgia also has a law preventing localities
chase a gun at a gun show from another private individ- from enacting ordinances or lawsuits to classify gun
ual without any delay, but in practice, this applies only to ranges as nuisances.
a few of the largest municipalities (Miami, Orlando, etc.) Firearm regulations are uniform throughout the
where it has been invoked. state, and a firearms permit is valid throughout the state,
Currently, Florida’s Concealed Weapon License is one in all areas other than in a few specially-defined areas.
of the most widely-recognized, state-issued concealed These specially-defined prohibited areas include:
weapon permit. The resident Florida Concealed Weapon • In a government building
License is recognized in thirty-five different states, while • In a courthouse
the non-resident Florida Concealed Weapon License is • In a place of worship
recognized in thirty-one states.[53] • In a state mental health facility
10
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
• In a bar, unless the owner of the bar permits the not required for black powder firearms or firearms man-
carrying of weapons by license holders ufactured before 1899.[64]
• On the premises of a nuclear power facility Carrying a loaded firearm, concealed or not con-
• Within 150 feet (46 m) of any polling place cealed, including in a vehicle, is a class A felony. Un-
• In any school building or on school grounds loaded firearms that are secured in a gun case and are
As exceptions to the above list, a person may keep their accompanied by a corresponding permit are allowed to
firearm in a locked compartment of their vehicle at any be transported in a vehicle between the permitted own-
of the above places except nuclear power facilities. Also, er’s residence or business and: a place of repair; a target
a person may approach security or management of any of range; a licensed dealer’s place of business; an organized,
the above places (except schools and nuclear power facil- scheduled firearms show or exhibit; a place of formal
ities) and ask them for directions on removing, securing, hunter or firearm use training or instruction; or a police
storing, or temporarily surrendering the weapon. [54] station.[65]
As of July 1, 2006, Georgia became a "Castle Doctrine" Automatic firearms, shotguns with barrels less than
state, and requires no duty to retreat before using deadly 18 inches long, and rifles with barrels less than 16 inches
force in self defense, or defense of others.[55] long are prohibited by state law. Also banned are hand-
Georgia law allows private firearm sales between res- gun magazines that can hold more than 10 rounds of
idents without requiring any processing through an FFL. ammunition, and semi-automatic handguns with certain
A Kennesaw, GA city ordinance requires that all combinations of features that the state has defined as
homeowners own a firearm and ammunition (Sec 34-1a). "assault pistols".[56]
No one has ever been charged with violating this or-
dinance. An amendment exempts those who conscien-
tiously object to owning a firearm, convicted felons,
Idaho
those who cannot afford a firearm, and those with a men- Idaho is a "shall issue" state for concealed carry. The local
tal or physical disability that would prevent them from county sheriff shall issue a concealed weapons permit to
owning a firearm. a qualified applicant within ninety days. Applicants may
be required to demonstrate familiarity with a firearm,
generally by having taken an approved training course
Hawaii or by having received training in the military. A permit
Hawaii[56][57][58] is a "may issue" state for concealed car- is valid for five years; permits issued before July 1, 2006
ry. "In an exceptional case, when an applicant shows rea- are valid for four years. Idaho recognizes valid concealed
son to fear injury to the applicant’s person or property," carry permits from any state. A concealed weapon may
a license to carry a pistol or revolver may be granted or not be carried at a school or at a school sponsored activ-
denied at the discretion of the county police chief.[59] In ity, in a courthouse, in a prison or detention facility, or
practice however few if any concealed carry licenses are in certain other governmentally designated locations. It
granted.[60] Hawaii does not recognize concealed carry is unlawful to carry a concealed weapon while intoxicat-
permits issued by other states.[61][62] ed.[66][67][68][69]
Acquiring a firearm in Hawaii requires a permit to ac- Open carry is legal in Idaho. A concealed weapons
quire, issued to qualified applicants by the county police permit is not required for open carry, nor for long guns
chief. There is a 14 day waiting period for receiving a per- (concealed or not). The firearm being openly carried
mit, which is then valid for 6 days. A separate permit is must be clearly visible. A firearm can also be transported
required for each handgun to be acquired, while a "long in a vehicle, as long as it is in plain view, or is disassem-
gun" permit can be used for any number of rifles or shot- bled or unloaded.[67]
guns for a period of one year. In addition to passing a Idaho has state preemption of firearms laws, so local
criminal background check, applicants must provide an units of government cannot regulate the ownership, pos-
affidavit of mental health, and agree to release their session, or transportation of firearms. The state consti-
medical records. First time applicants must be finger- tution states that "No law shall impose licensure, regis-
printed by the FBI. When applying to acquire a handgun, tration or special taxation on the ownership or posses-
a handgun safety training course affidavit or hunter’s ed- sion of firearms or ammunition. Nor shall any law permit
ucation card is also required.[63] the confiscation of firearms, except those actually used
Firearms acquired within the state must be registered in the commission of a felony."[70][71]
with the chief of police within 5 days. Firearms brought The possession of automatic firearms is permitted,
in from out of state, including those owned prior to mov- as long such possession is in compliance with all federal
ing to Hawaii, must be registered within 3 days of arrival. regulations.[70]
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
11
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns statutes
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 Permit needed to carry concealed, may carry openly in
a vehicle or on foot .
State Preemption of local Yes Yes
restrictions?
NFA weapons restricted? No No Permitted as long such possession is in compliance
with all federal regulations
Peaceable Journey laws? No No Federal rules observed.
Subject/Law Long Handguns Relevant Notes
Guns Statutes
State permit to Yes Yes 430 ILCS FOID required.
purchase? 65
Firearm regis- No No
tration?
"Assault No No
weapon" law?
Owner license Yes Yes 430 ILCS FOID required.
required? 65
Carry permits No No
issued?
State preemp- No No
tion of local re-
strictions?
NFA weapons Yes Yes 720 ILCS Fully automatic firearms and short-barreled rifles and shotguns pro-
restricted? 5/24 hibited. AOW (Any Other Weapon) allowed with proper approval and
tax stamp from BATF.
Peaceable jour- No No
ney laws?
Illinois firearms be registered with the local police depart-
ment.[75] Until June 2010 Chicago did not allow the reg-
To possess or purchase firearms or ammunition, Illinois istration of handguns, which had the effect of outlawing
residents must have a Firearm Owner’s Identification their possession, unless they were grandfathered in by
(FOID) card, which is issued by the state police.[72] Gen- being registered before April 16, 1982. (see below)[76][77]
erally a FOID card will be granted unless the applicant The Chicago suburb of Oak Park had also banned hand-
has been convicted of a felony or an act of domestic vi- guns (see below)[78] and the town of Highland Park bars
olence, is the subject of an order of protection, has been handgun possession unless the resident has obtained a
convicted of assault or battery or been a patient in a men- permit from the police.[79] The status of these various
tal institution within the last five years, has been adjudi- handgun ordinances has been uncertain since June 26,
cated as a mental defective, or is an undocumented im- 2008, when the U.S. Supreme Court struck down Wash-
migrant.[73] There are additional requirements for appli- ington, D.C.’s handgun ban in the case of District of Co-
cants under the age of 21.[74] lumbia v. Heller.[80][81] In the months following the Heller
There is no state preemption of firearm laws. Some decision, handgun bans were repealed in the suburbs of
municipalities, most notably Chicago, require that all Wilmette,[82] Morton Grove,[83] Evanston,[84] and Win-
12
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
netka,[85] but Chicago and Oak Park have fought in court this provision has been overturned. Aside from normal
to keep their current laws.[86][87][88][89] On June 28, 2010 state restrictions (such as schools, etc), local jurisdictions
after reviewing Chicago’s handgun ban in the case of CANNOT contradict state law or further restrict where
McDonald v. Chicago,[90] the Supreme Court has deemed you can and cannot carry, such as public property (in-
both the handgun bans of Chicago and Oak Park to be un- cluding parks). The only exception is the statehouse
constitutional. On July 12, 2010 a new Chicago city ordi- grounds in Indiannapolis. This was a recent decision, I
nance took effect that allows limited handgun possession believe July of 2011.
after obtaining a permit from the police and passing a Additionally, private businesses may also restrict (or
firearms training course and requiring handgun registra- forbid) firearms on their properties. However, a 2010 law
tion. This new ordinance is currently being challenged in prohibits employers from discharging employees for in-
court[91] On July 19, 2010 Oak Park amended its town or- vehicle firearms possession on business property.
dinance to allow handgun possession in one’s home and Indiana is a "shall issue" state for the License To Carry
business therefore leaving no remaining town in Illinois a Handgun.[101] The Indiana license to carry allows both
to completely ban handguns .[92] open and concealed carry. Most Indiana residents con-
Cook County has banned assault weapons and mag- fuse the license to carry a handgun with a CCW[citation
azines that can hold more than ten rounds of ammuni- needed] (which Indiana does not issue). A license to carry
tion.[93] Other municipalities have also enacted various will be issued to individuals age 18 or older who meet a
firearm restrictions.[94] Lack of preemption makes it dif- number of legal requirements.
ficult to travel throughout Illinois with a firearm while Grounds for disqualification include a conviction for
being sure that no laws are being broken. a felony or for misdemeanor domestic battery. A license
Illinois is the only state that has no provision for the can also be denied if the applicant has been arrested for
concealed carry of firearms by citizens.[95] (In complian- a violent crime and "a court has found probable cause to
ce with the federal Law Enforcement Officers Safety Act, believe that the person committed the offense charged".
retired police officers who qualify annually under state Documented substance abuse is a disqualifier, as is doc-
guidelines are allowed to carry concealed.)[96] Open car- umented evidence of any given person’s "propensity for
ry is also illegal, except when in unincorporated areas violent or emotionally unstable conduct."
where carrying is not prohibited by county law, a fixed Indiana residents, or non-residents with a "regular
place of business with owner’s permission, or in one’s place of business" in Indiana, must obtain an Indiana li-
abode. When a firearm is being transported, it must be cense. Application for a license must be made to the local
unloaded and enclosed in a case.[97] The Illinois laws re- police department, or absent that, to the county police
garding concealed carry are being challenged in federal department. Four-year and lifetime permits are issued
court. The Second Amendment Foundation filed suit in for Indiana residents. Out-of-state residents may only be
federal court in Illinois on May 13, 2011, challenging the issued four-year permits.
state’s prohibition on the carrying of firearms in pub- Indiana honors handgun carry licenses issued by
lic.[98] every state (only Illinois does not issue carry licenses),
When purchasing a handgun in Illinois there is a generally including non-resident licenses. However, rec-
72-hour waiting period after the sale before the buyer iprocity is always in flux. E.g., Indiana recognizes Ohio
can take possession; the waiting period for a long gun is permits, but Ohio does not reciprocate.
24 hours.[97] It is illegal to carry a concealed weapon, even sport-
In 2011 in the case of People v Holmes, the Illinois ing arms, on school property or on a school bus, on an
Supreme Court ruled that a valid Indiana handgun carry airplane or in the controlled section of an airport, on a
permit was a legal substitute for an Illinois FOID for an riverboat gambling cruise, or at the Indiana State Fair.
Indiana traveler transporting a handgun in Illinois. [99] Lawful gun owners may have guns in their vehicles on
school property provided the driver is only transporting
Indiana someone to, or from, a school event.
Firearms dealers or private individuals may not sell
Indiana[100] has enacted state preemption of firearm any firearm to someone less than 18 years old, or less
laws. than 23 years old if the buyer was "adjudicated a delin-
Local laws regulating the possession and ownership quent child for an act that would be a felony if committed
of ammuntion, firearms and shooting accessories are by an adult", or to a person who is mentally incompetent
prohibited per IC 35–47–11.1–2, subject to the exemp- or is a drug or alcohol abuser.
tions listed in IC 35–47–11.1–4. (New provisions effective Short barreled shotguns (barrels under 18", OAL less
2011 Jul 01.) than 26" length), are prohibited to the general citizenry
Governing units may restrict firearms possession on (some exceptions apply). Possession of automatic
public property. -Edit to previous statement – I am away weapons by individuals or dealers who have obtained the
from home and can’t substantiate this right now, but appropriate federal license is permitted. It appears that
13
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
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 [108]
NFA weapons restricted? No No
Peaceable journey laws? No No Federal rules observed.
all other NFA-regulated weapons and devices are legal in is valid for one year. A permit is not required when pur-
Indiana. chasing an antique handgun, which is defined as a
Cartridges that "can be fired in a handgun" that have matchlock, flintlock, or percussion cap pistol manufac-
"a projectile that has a metal core and an outer coating tured before 1898, or a replica of such a pistol.[105]
of plastic" are prohibited. "This section does not apply to If you have an Iowa permit to carry weapons, you do
nylon coated ammunition, plastic shot capsules, or am- not need a permit to acquire Pistols when purchasing a
munition designed to be used in rifles or shotguns." handgun. The permit is valid for 5 years before it must be
Indiana law stands mute vis-à-vis long gun carry. renewed.
There are some Department of Natural Resources rules, Iowa has enacted state preemption of firearms laws,
but these only apply on DNR properties or to hunters. so local units of government may not restrict the owner-
Generally speaking, possession of long guns is legal ship, possession, or transfer of firearms, or require their
whether the gun is either on one’s person or in one’s mo- registration.[106]
tor vehicle, loaded or not, concealed or not. There are ad- Under Iowa law, private citizens may not possess au-
ditional rules regarding firearms possession on ATVs and tomatic firearms, short-barreled rifles, or short-barreled
snowmobiles. shotguns.[107]
Indiana provides lawsuit protection to law abiding
manufacturers, sellers, and trade associations for the
misuse of firearms by third parties. Lawsuits are permit-
Kansas
ted for cases of damage or injury caused by defective Despite having relatively nonrestrictive firearms laws,
firearms or ammunition, or breach of contract or war- Kansas remained one of the few states with no provision
ranty.[102] for the concealed carry of firearms until March 2006,
Indiana’s law about self-defense (and the defense of when the state legislature passed Senate Bill 418, "The
others) can be found at Indiana Code, Title 35, Article 41, Personal and Family Protection Act." This bill made
Chapter 3–2. Kansas the 47th state to permit concealed carry in some
The information in this article is either directly stat- form and the 36th state with a "shall issue" policy.[109]
ed (or inferred) from Indiana Code, Title 35, Article 47, The bill was passed 30–10 in the state senate and 91–33 in
Chapters 1–14 , Title 34, Article 28, Chapter 7 and Title 34, the state house of representatives, gaining enough votes
Article 12, Chapter 3. 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 be-
Iowa gan granting permits to qualified applicants on January
On January 1, 2011, Iowa became a "Shall issue" state for 1, 2007. Previously, Kansas had allowed only open carry
a permit to carry weapons.[103] Applicants must success- of firearms, except where prohibited by local ordinance.
fully complete an approved training course. On April 21, 2008, Governor Kathleen Sebelius signed
Iowa will honor any valid permit issued by any other a bill allowing the sale and possession of NFA weapons.
state. You do not have to be a resident of the state from The law took effect on July 1, 2008.[110][111]
which your permit was issued. However, an Iowa resident
may carry only with an Iowa-issued permit.[104] A train-
ing course is required.
Kentucky
A Permit to Acquire Pistols or Revolvers is required Kentucky’s concealed carry law, set forth in Kentucky Re-
when purchasing a handgun from a dealer, and is ob- vised Statutes § 237.110, is "shall-issue". The law is writ-
tained from the county sheriff. A Permit to Acquire shall ten to allow the carry of concealed "deadly weapons", not
be issued to qualified applicants aged 21 or older. It be- just handguns, and the permit is called a Concealed Dead-
comes valid three days after the date of application, and ly Weapons License (CDWL). The definition of a "deadly
14
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
Guns Statutes
State permit No No
to purchase?
Firearm regis- No No
tration?
"Assault No No
weapon" law?
Owner license No No
required?
Carry permits No Yes KRS §
issued? 237.110
State preemp- Yes Yes KRS § Exception: KRS § 237.115 allows the following entities to restrict con-
tion of local 65.870 cealed carry:
restrictions? • Postsecondary educational institutions
• Any unit of government within the state in buildings that it owns,
leases, or occupies – however, concealed carry is allowed in highway
rest areas, public housing, and private dwellings
NFA weapons No No
restricted?
Peaceable No No Federal rules observed.
journey laws?
weapon", found in KRS § 500.080, includes a wide array On March 16, 2011, a change to KRS § 527.020 was
of weapons other than guns, including knives (ordinary signed into law by Governor Steve Beshear allowing guns
pocket knives or hunting knives are specifically classified to be carried without a permit in any factory-installed
as not being "deadly weapons"), clubs, blackjacks, nun- compartment within the passenger area of a vehicle. Pre-
chaku, shuriken, and brass knuckles (including knuckles viously, such carry was only allowed in a glove compart-
made from other hard materials). All CDWLs are issued ment.[113]
for 5 years. KRS § 237.104 prohibits the state from seizing
Kentucky’s law in this area has a few distinctive features: firearms from private citizens in the event of a disaster
• An applicant must have been a resident of Kentucky or emergency.
for at least 6 months before filing his or her
application. A member of the U.S. military who has Prohibited places
been stationed in Kentucky for at least 6 months at KRS § 237.110, which governs the issue of permits, also
the time of filing is also eligible, regardless of his or lists places where concealed carry is prohibited. Per §
her domicile. 237.110 (16), concealed carry is prohibited in:
• Applicants cannot be in arrears on child support (a) Any police station or sheriff’s office;
obligations in an amount that would equal or exceed
that accumulated in one year of nonpayment. (b) Any detention facility, prison, or jail;
• The required firearms safety course can be no longer
than 8 hours, and also includes a mandatory (c) Any courthouse, solely occupied by the Court of
marksmanship test, in which the applicant must hit Justice courtroom, or court proceeding;
a full-sized silhouette target from 7 yards with at
(d) Any meeting of the governing body of a county,
least 11 out of 20 rounds fired. (The distance is not
municipality, or special district; or any meeting of
stated in the statute, but is set forth in the
the General Assembly or a committee of the
administrative regulations governing the
General Assembly, except that nothing in this
course.[112])
section shall preclude a member of the body,
Under KRS § 237.110 (20)(a), Kentucky recognizes all cur-
holding a concealed deadly weapon license, from
rently valid concealed carry permits issued by other U.S.
carrying a concealed deadly weapon at a meeting
jurisdictions.
of the body of which he or she is a member;
Suppressors are legally transferable in Kentucky.
15
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
(e) Any portion of an establishment licensed to
dispense beer or alcoholic beverages for
Louisiana
consumption on the premises, which portion of the Louisiana is a "shall issue" state for concealed carry. The
establishment is primarily devoted to that purpose; Louisiana Department of Public Safety and Corrections
shall issue a concealed handgun permit to qualified ap-
(f) Any elementary or secondary school facility plicants, after performing an NICS background check and
without the consent of school authorities as giving the local police 10 days to provide additional in-
provided in KRS 527.070, any child-caring facility formation about the applicant. An applicant must
as defined in KRS 199.011, any day-care center as demonstrate handgun proficiency by taking a training
defined in KRS 199.894, or any certified family course from an approved instructor, or by having been
child-care home as defined in KRS 199.8982, except trained while serving in the military. Concealed carry is
however, any owner of a certified child-care home not permitted in any portion of the permitted area of an
may carry a concealed firearm into the owner’s establishment that has been granted a class A-General re-
residence used as a certified child-care home; tail permit, to sell alcoholic beverages for consumption
on the premises, or in any place of worship, government
(g) An area of an airport to which access is
meeting place, courthouse, police station, polling place,
controlled by the inspection of persons and
parade, or in certain other locations.[114][115][116]
property; or
Louisiana has state preemption of firearms laws, ex-
(h) Any place where the carrying of firearms is cept for local laws passed before July 15, 1985. Govern-
prohibited by federal law. ment bodies other than the state may not sue firearms
manufacturers, dealers, or trade associations for dam-
Note that the prohibition against carrying concealed in ages that are the result of lawful activities. Automatic
an establishment that serves alcohol only applies to the firearms, short-barreled shotguns and rifles, and si-
"portion of the establishment [is] primarily devoted to lencers may not be possessed or transferred without per-
that purpose." This means that concealed carry is al- mission of the Department of Public Safety, and must be
lowed in restaurants that serve alcohol, with only the bar registered with the Department.[117]
section (if present) off-limits to permit holders. This as-
sumes that the owner has not posted the establishment
to prohibit carry.
Maine
With respect to the prohibition of weapons on school Maine[118][119] is a "shall issue" state for concealed carry.
property, KRS § 527.070 (3)(a) states that adults may have The issuing authority is the local government or local po-
weapons in their vehicles as long as they do not remove lice, or the state police. A permit to carry a concealed
the weapons from the vehicle or brandish them while on firearm shall be issued within 30 days to a qualified appli-
school property. Note, however, that federal law does not cant who has been a Maine resident for at least five years,
recognize this exemption for individuals that do not hold or within 60 days to a nonresident or a resident for less
Kentucky permits. than five years. The permit is valid for four years. A per-
KRS § 237.110 (17) authorizes private businesses to mit to carry a concealed firearm is required when trans-
prohibit concealed carry on their premises. Although, porting a loaded firearm, either concealed or plainly vis-
only once asked to leave the premises may the gun owner ible, in a vehicle. A permit is not required for open car-
be duly cited for trespassing or disturbing the peace. ry.[120][121][122][123]
However, "facilities renting or leasing housing" are Maine does not currently honor concealed carry per-
specifically prohibited from restricting concealed carry. mits from other states. In 2007, the state enacted L.D. 148,
Private employers can prohibit their employees or per- directing the Department of Public Safety and the At-
mit holders from having weapons concealed in torney General to review other states’ concealed weapon
employer-owned vehicles, but cannot prohibit concealed reciprocity agreements and actively seek reciprocity
weapons in individually owned vehicles. Public employ- where appropriate.[124]
ers (i.e., state and local governments) can prohibit carry Maine has state preemption of firearms laws. No po-
within their buildings, but cannot prohibit the carry of litical subdivision of the state may adopt any law regu-
weapons by employees or permit holders in any vehicle, lating firearms or ammunition, except for regulating the
with the exception of the Justice and Public Safety Cabi- discharge of firearms.[125]
net, which can prohibit employees from carrying any A municipality may not sue a firearm or ammunition
non-duty weapon in a vehicle while they are transport- manufacturer for damages relating to the lawful design,
ing persons under the employees’ jurisdiction or supervi- manufacture, marketing or sale of firearms or ammuni-
sion. tion. A municipality may bring legal action for breach of
contract or warranty.[126]
16
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Employers in Maine may not prohibit its own em- sent that certificate prior to each purchase. With some
ployees from keeping a firearm in the employee’s vehicle limited exceptions, only one "regulated firearm" may be
if the employee has a valid permit to carry the concealed purchased in any 30-day period. Handguns manufactured
firearm and the firearm is concealed in the employee’s on or before December 31, 2002 must be sold or trans-
own locked vehicle.[127] Employers may continue to pro- ferred with an external safety lock. Handguns manufac-
hibit firearms its premises other than in its parking lot tured after December 31, 2002 may only be sold or trans-
under the conditions specified in the law.[128] ferred if they have an internal mechanical safety de-
vice.[129][130]
Maryland Firearms are prohibited from certain places, includ-
ing schools and demonstrations. Carrying a handgun,
Maryland[9][129][130]
129] 130] whether openly or concealed, is prohibited unless one
has a permit to carry a handgun or is on their own prop-
erty or their own place of business. The Maryland State
Police may issue a permit to carry a handgun at their dis-
cretion and based on an investigation.[129][130]
A 2008 court case in which Charles F. Williams Jr. was
convicted of transporting a firearm in his backpack while
in a public without a permit in Maryland is currently be-
ing challenged. Attorneys claim the Maryland permit law
is so restrictive that it “basically says ordinary people
can’t get one.” He argues in his petition[136] that the law
violates the Supreme Court’s “analyses and plain state-
ments in Heller and McDonald that the right to bear arms
exists outside the home.”[137]
Massachusetts
Massachusetts Law requires firearm owners to be li-
censed through their local Police Department or the
Massachusetts State Police if no local licensing authority
The Constitution of Maryland contains no provision pro- is available. A license is required by state law for buying
tecting the right to keep and bear arms. The State pre- firearms and ammunition. An applicant must have
empts some local firearm regulations, though local gov- passed a State approved firearm safety course before ap-
ernments may regulate firearms with respect to minors plying for a license.
and areas of public assembly. Annapolis, Anne Arundel All applications, interviews, fees, and fingerprinting
County, Montgomery County, Gaithersburg, and Balti- are done at the local Police Department then sent elec-
more are known to have local firearm regula- tronically to the Massachusetts Criminal History Board
tions.[9][129][130] for the mandatory background checks, and processing.
The Maryland State Police maintain a registry of All approved applicants will receive their license from
"regulated firearms" that are allowed to be sold within the issuing Police Department. All licensing information
the state. Dealers must forward the manufacturer-in- is stored by the Criminal History Board. Non residents
cluded shell casing in its sealed container to the Depart- who are planning on carrying in the state must apply for
ment of State Police Crime Laboratory upon sale, rental, a temporary LTC through the State Police before their
or transfer of a "regulated firearm" for inclusion in their travel.
ballistics database, known as the Integrated Ballistics There are five different types of Firearm licenses is-
Identification System (IBIS).[129][130] sued in the state:
Detachable magazines capable of holding more than RFID: The Restricted Firearm Identification License
20 rounds may not be manufactured or sold, though they (FID), only allows carrying of mace or pepper spray.
may be possessed. Certain pistols are banned and are de- Fire arms ID (FID): Permits the purchase and carrying
fined as "assault pistols." Any of the "assault pistols" on of non-large capacity rifles and shotguns.[138]
the list are lawful to possess only if they were registered Class B: Only allows the purchase of long rifles and
prior to August 1, 1994.[9] Only handguns on the official hand guns with a capacity of no more than 10 rounds,
handgun roster may be sold in the state. Private sales of does not allow the holder to carry a fire arm concealed,
"regulated firearms," which includes handguns, are pro- when transporting fire arms it must be locked and inac-
hibited. A person must obtain a safety training certifi- cessible as well as separate from ammunition.
cate prior to purchasing "regulated firearms" and pre-
17
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Class A: This license allows purchase any fire arm le- receive firearms education at the FID or LTC-level and
gal in the state of Mass, are authorized to own fire arms pass a 20-fingerprint FBI background check and inter-
holding greater than 10 rounds, and can carry a loaded view. This permit is a "may issue" document similar to
concealed fire arm unless restrictions are place on the li- the FID but expiring December 31 of each year. The pro-
cense by Chief of Police of the issuing town, if the Class A cedure requires about 16 weeks from application to de-
is restricted to Hunting and Sport or Target and Hunting, livery of the permit. There is no 90-day grace period for
it carries the same restrictions as a Class B, with the ex- the renewal of alien permits. Both nonresident (ie visa-
ception of owning large capacity. holders) and permanent resident (ie green-card holders)
The definition of the restrictions on a Class A is on a aliens are lumped together by Massachusetts law. The
town by town basis and is set by the Chief of Police of the alien permit allows the possession of non-high capacity
issuing town, there is no uniform state definition with re- (ie less then 10 rounds) shotguns, rifles and ammunition.
gards to the restrictions placed on a Class A, they are dif- This includes .22 caliber rifles with tubular magazines
ferent on a town to town basis. holding more than 10 rounds, but it excludes high ca-
The final license is only issued for "machine guns." pacity rifles, assaults rifles and handguns. FID and LTC
A license to possess or carry a machine gun may be is- are generally not issued to aliens even if the Mass Code
sued only to a firearm instructor certified by the Criminal grants some latitude to the Colonel of Massachusetts
Justice Training Council for the sole purpose of firearm State Police, who may be petitioned directly. A recent
instruction to police personnel, or to a bona fide collector lawsuit is seeking to expand Massachusetts aliens gun
of firearms upon application or renewal of such license. rights by allowing possession and purchase of handguns
A "bona fide collector of firearms," for the purpose of and may have far reaching consequences for other States
issuance of a machine gun license, shall be defined as an .
demonstration, test firing, investment or other like pur-
pose.
For the purpose of issuance of a machine gun license,
Michigan
the acquisition of firearms for sporting use or for use as The State of Michigan has numerous laws concerning the
an offensive or defensive weapon shall not qualify an ap- ownership and the carrying of firearms. Generally, feder-
plicant as a bona fide collector of firearms. al, state, and local law enforcement agencies, and agents
All private sales are required to be registered through thereof acting in an official capacity, are exempt from
an FA-10 form with the Criminal History Board, Firearm Michigan’s firearms regulations. The Constitution of the
Records division. The state has an assault weapons ban State of Michigan of 1963[141] Article 1, Section 6 reads:
similar to the expired Federal ban. Massachusetts is a
"may issue" state and all classes of LTCs, are issued in a Every person has a right to keep and bear arms for
highly discretionary manner. the defense of himself and the state.
FIDs are "Shall issue", except if the applicant fails a
background check. While Massachusetts’ firearms laws A complete listing of Michigan’s firearms laws can be
are some of the strictest, they are not applicable to trav- found in the publication "Firearms Laws of Michi-
elers who comply with the Firearm Owners Protection gan."[142]
Act’s traveler’s exemption.[139][140] State law requires all
firearms to be stored in a locked container, or with a "Firearm" defined
trigger lock. If in a vehicle, firearm must be carried in
The word "firearm", except as otherwise specifical-
the trunk of the vehicle in a locked container, unless
ly defined in the statutes, shall be construed to in-
the licensee has a Class A unrestricted license, in which
clude any weapon from which a dangerous projec-
case the firearm must be under his direct control. Any
tile may be propelled by using explosives, gas or air
firearms that are found to be unsecured may be confis-
as a means of propulsion, except any smooth bore
cated by law enforcement officers and license may be re-
rifle or handgun designed and manufactured ex-
voked. In the event a license is revoked for any reason,
clusively for propelling BB’s not exceeding .177 cal-
law enforcement will confiscate all weapons and store
ibre by means of spring, gas or air.[143]
for 1 year before destroying them unless the revoked li-
censee transfers ownership to a properly licensed party
Michigan’s Attorney General has ruled that the definition
who then claims the firearms.
of "firearm" includes a Taser. However, under Michigan
Aliens who reside in Massachusetts can apply for a
law, private citizens may not purchase or use Tasers. [144]
"permit to possess non large capacity rifles and shotguns
pursuant M.G.L. 140 s. 131H" directly with the Massa-
chusetts Firearms Record Bureau. The applicants must
18
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Purchasing firearms in Michigan Concealed carry in Michigan
In Michigan, a person "shall not purchase, carry, or Michigan’s concealed carry law is "shall issue," meaning
transport a pistol in this state without first having ob- that anyone 21 or older may obtain a license to carry a
tained a license for the pistol," as prescribed in MCL concealed pistol, so long as the person is not prohibited
28.422. A purchase license is required to purchase a pis- from owning a firearm, has not been found guilty or been
tol, unless the purchaser has a concealed pistol li- accused of certain felonies or misdemeanors within a cer-
cense.[145] A person must be at least 21 to purchase a pis- tain time period, and has completed state-approved
tol from a federal dealer under both federal and Michigan firearms training. Concealed Pistol License (CPL) holders
law (but only has to be 18 if buying the pistol or handgun are not required to obtain a license to purchase a pistol;
from a private seller). however, they must fulfill the registration requirement
No purchase license is required to purchase a long (a sales record of the pistol acquisition). Under Michigan
gun (a firearm that is more than 30 inches long) in Michi- law, carrying a concealed pistol under a CPL constitutes
gan. According to state law, a long gun may be purchased implied permission for chemical testing for illegal drugs
by anyone aged 18 or over who is not subject to restric- or alcohol; and it is strictly forbidden for someone with a
tions based on criminal history, mental health history, or concealed pistol license to carry a pistol while on drugs
other disqualifying factor. A person must be at least 18 or alcohol.
years old to purchase a long gun from a federal dealer or Individuals licensed to carry a concealed pistol by
a private seller under both federal and Michigan law. Michigan or another state are prohibited from carrying
Only Michigan residents may purchase pistols (mean- a concealed pistol on the following premises: schools or
ing firearms that are 30 inches or less in length) in Michi- school property, public or private day care center, public
gan. Only Michigan residents and residents of contiguous or private child caring agency, or public or private child
states may purchase long guns in Michigan (and Michi- placing agency, sports arena or stadium, a tavern where
gan residents may only purchase long guns in Michigan the primary source of income is the sale of alcoholic
or in a contiguous state).[146] An individual must apply to liquor by the glass consumed on the premises, any prop-
their local police or sheriff’s department for a purchase erty or facility owned or operated by a church, syna-
license before obtaining a pistol. The police authority will gogue, mosque, temple, or other place of worship, unless
check the applicant’s criminal history and for disquali- the presiding official allows concealed weapons, an en-
fying factors such as whether the person has been or- tertainment facility that the individual knows or should
dered to undergo involuntary mental health treatment know has a seating capacity of 2,500 or more, a hospital,
or is subject to a restraining order for domestic violence. a dormitory or classroom of a community college, col-
In addition, an applicant must answer gun related ques- lege, or university, and casinos. "Premises" does not in-
tions on a Basic Pistol Safety Questionnaire, with at least clude the parking areas of the places listed above, exclud-
70% correct, and swear before a notary public that he or ing casino parking.Openly carried firearms by CPL hold-
she meets the statutory requirements to own a pistol. ers in most of these locations is generally lawful, it re-
A purchase license is required even if the person ac- mains unlawful for anyone without a CPL to carry openly
quired the pistol by way of an inheritance or gift. in these places without written permission from an own-
Federally-licensed firearm dealers are not exempt from er or agent of such locations.
this section of the law and must also get a license any A pistol is subject to immediate seizure if the CPL per-
time they purchase or acquire a pistol from an individual mit holder is carrying a concealed pistol in a "pistol-free"
or another gun dealer. There is an exemption only for area. Open carry with a CPL in most "pistol- free" areas
dealers purchasing pistols directly from the manufactur- is arguably legal, except in courts, federal buildings, casi-
er or wholesaler. nos, and many university buildings, where any form of
A License to Purchase a Pistol is valid for 10 days.[147] carry may be illegal. Please refer to Michigan AG opinion
The buyer and seller must both sign the license and may No. 7097. No court decision has said that open carrying
each keep one copy for his or her records. An individual by a CPL holder in a "pistol-free" area is allowed.
must return to the local police department within 10 An individual licensed to carry a concealed pistol who
days of purchasing the pistol to return the remaining two is stopped by a police officer (traffic stop or otherwise)
copies of the license. Effective January 7, 2009, the re- while in possession of a concealed pistol shall immediate-
quirement that a newly-acquired pistol be brought back ly disclose to the police officer that he or she is carrying a
to the local police department for a safety inspection concealed pistol either on their person or in their motor
was eliminated.[148] Some agencies require all unused vehicle.[150]
license-to-purchase forms to be returned to them for On March 29, 2001, per Administrative Order 2001-1
record-keeping purposes. of the Michigan Supreme Court: "Weapons are not per-
Pawn shops, second hand dealers, and junk shops are mitted in any courtroom, office, or other space used for
not allowed to sell pistols in Michigan.[149] official court business or by judicial employees unless the
19
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No Yes §624.7131[157] Permit to purchase required to transfer/purchase "military-style
to Purchase? assault weapons" through FFL dealers. No permit required for pri-
vate transfers between individuals.
Firearm reg- No No None No
istration?
"Assault Partial* Partial* §624.7131 Persons under the age of 21 prohibited from purchasing semi-auto-
weapon" matic handguns and other "military style" weapons. However,
law? ownership of "assault weapons" by persons over 18 generally not
prohibited.
Owner li- No No None No
cense re-
quired?
Carry per- No Yes §624.714[158] Shall Issue. ’Minnesota Permit to Carry a Pistol’ required to carry
mits issued? handguns. Concealment is permitted but not required. A carry per-
mit also allows for the carry of long guns ( §624.7181[159])
State Yes Yes §471.633[160] Municipalities may regulate the discharge of firearms within their
Preemption borders.
of local re-
strictions?
NFA Yes Yes §609.67[161] Machine guns and short-barreled shotguns, unless designated Cu-
weapons re- rios & Relics, are prohibited in most cases. Sound suppressors and
stricted? some destructive devices are prohibited in most cases.
Peaceable No No None Federal rules observed.
Journey
laws?
chief judge or other person designated by the chief judge visible, holstered pistol is neither brandishing it nor dis-
has given prior approval consistent with the court’s writ- turbing the peace.[155] Michigan formerly did not allow
ten policy."[151] ownership of NFA firearms, though the Attorney General
has issued an opinion, 7183, that allows machine guns to
There are few places where open carry is expressly be legally transferred to Michigan residents who comply
prohibited by federal or state law. Discharging a firearm with federal laws. A 2011 opinion by attorney general Bill
remains illegal in many cities and charter townships (and Schuette allows the possession and transfer of suppres-
such an ordinance is NOT preempted by state law).[152] In sors in Michigan.[156] Short-barreled shotguns and rifles
addition, there are laws regulating how and firearms may are illegal in Michigan, as is armor-piercing ammunition
be transported in motor vehicles that must be followed. for handguns.
No one is allowed to bring a firearm, concealed or Michigan prohibits the possession of Tasers or stun
openly, onto the property of a correctional facility, under guns by private citizens, including concealed pistol li-
a law prohibiting weapons that could help prisoners es- censees.
cape from being brought on to prison property.[153] If
someone who is carrying openly, who is not on their own
private property, puts a coat on over his firearm or oth-
Minnesota
erwise hides it, even temporarily, and he or she does
not have a concealed pistol license, he or she has com- Miscellaneous Information
mitted the felony crime of carrying a concealed weapon
Permits to Carry
without a license. The Michigan Attorney General has re-
As of October, 2010 there are 77,888 current permit hold-
leased an opinion stating that open carry is NOT consid-
ers in Minnesota.[162]
ered reasonable suspicion of a crime,[154] but there are
• The county sheriff must either issue or deny a
no Michigan court decisions definitively ruling on this
permit within 30 days of the application date.
point. In addition, the Michigan Attorney General has re-
leased an opinion that a reserve police officer who carries a
20
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
• New and renewal permits are valid for five (5) years do not have the authority of laws, nor may peace officers
from the date of issuance. Emergency permits are enforce such policies under the color of law.
valid for 30 days. ?? The Carrying of firearms on school and day care fa-
• Landlords may not restrict the lawful carry or cility property is allowed with written permission from
possession of firearms by tenants or their guests. the principal or other person in general control of the
• Private establishments can ban any firearms and school, or the director of a child care center.
must post a notice banning guns on their premises † With the exception of religious organizations, no
or personally notify patrons that guns are not public or private entity may prohibit the carry or storage
allowed. of firearms within vehicles in parking lots.
Minnesota Is a "shall issue" state for Permit(s) to Car-
Restrictions ry a Pistol (concealed carry).
• Must be at least 21 years of age Dps.State.mn.us
• Must complete an application form Minnesota State Statute 624.714
• Must not be prohibited from possessing a firearm handgunlaw.us
under Minnesota Statute 624.714 (Criminal leg.state.mn.us
background & mental health history check) Minnesota Handgun Law
• Must not be listed in the criminal gang investigation
system
• Must be a resident of the county to which one is
Mississippi
applying for a permit, if you reside in Minnesota. Mississippi[163][164] is a "shall issue" state for concealed
Non-residents may apply to any Minnesota county carry. The Mississippi Department of Public Safety shall
sheriff. issue a license to carry a concealed pistol or revolver
• Must present evidence of training in the safe use of a to a qualified applicant within 45 days. The license is
pistol. (Training completed within one year of an valid for five years. Concealed carry is not allowed in a
original or renewal application. – 624.714, Subd. 2a) school, courthouse, police station, detention facility, gov-
ernment meeting place, polling place, establishment pri-
Places Prohibited by Statute marily devoted to dispensing alcoholic beverages, athlet-
• K-12 School property ? † ?? ic event, parade or demonstration for which a permit is
• A childcare center while children are present ?? required, passenger terminal of an airport, "place of nui-
• Private establishments that have posted a sign sance" as defined in Mississippi Code section 95–3–1,[165]
banning guns on their premises or a location where a sign is posted and clearly visible
• Private establishments who have personally from at least ten feet away saying that the "carrying of a
informed the permit holder that guns are prohibited pistol or revolver is prohibited". A license to carry a con-
and demands compliance cealed pistol or revolver is required for open carry. A li-
• Places of employment, public or private, if employer cense is not required for transporting a concealed or vis-
restricts the carry or possession of firearms by its ible firearm in a vehicle.[166][167][168]
employees † Mississippi has state preemption of many but not all
• State correctional facilities or state hospitals and firearm laws. No county or municipality may adopt any
grounds (MN Statute 243.55) ordinance that restricts or requires the possession, trans-
• Any jail, lockup or correctional facility (MN Statute portation, sale, transfer or ownership of firearms or am-
641.165) munition or their components. However, local govern-
• Courthouse complexes, unless the sheriff is notified ments may regulate the discharge of firearms, the carry-
(MN Statute 609.66) ing of firearms at a public park or public meeting, or the
• Offices and courtrooms of the Minnesota Supreme use of firearms in cases of insurrection, riots and natural
Court and Court of Appeals disasters.[169]
• Any state building in the immediate vicinity of the Lawsuits against manufacturers, distributors, or deal-
capitol building unless the commissioner of public ers for damages resulting from the lawful design, man-
safety is notified (MN Statute 609.66) ufacture, distribution or sale of firearms are reserved to
• In a field while hunting big game by archery, except the state. However, local governments may bring suit for
when hunting bear (MN Statute 97B.211) breach of contract or warranty or for defects in materials
• In federal court facilities or other federal facilities or workmanship.[170]
(Title 18 U.S.C.§ 930)
? Public colleges and universities may make administra-
tive policies prohibiting the carry of firearms by students
and employees. However, such policies are not laws and
21
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns statutes
State Permit No No
to Purchase?
Firearm reg- No No
istration?
"Assault No No
weapon"
law?
Owner li- No No
cense re-
quired?
Carry per- No Yes Permits not required in many locations (see below )
mits issued?
State Yes Yes M.C.A Complete state preemption of firearms laws except localities may regulate
Preemption 45-8-351 the carrying of concealed or openly carried firearms to a public assembly,
of local re- a publicly owned building, a park under its jurisdiction
strictions? or a school. localities may also regulate the possession of firearms by
felons, minors, illegal aliens or the mentally --71.187.60.231 (talk) 02:26,
October 26, 2011 (UTC) .
NFA No No Permitted as long such possession is in compliance with all federal regula-
weapons re- tions
stricted?
Peaceable Yes Yes
Journey
laws?
Missouri Concealed carry
Missouri Statute 571.070 (8/28/2007) says that it is un-
Peaceable journey and RV law lawful for a felon or adjudged incompetent Person to
have possession of any firearm (including concealable
Missouri has a "peaceable journey" under Missouri
firearms). Violation of this law is a class C felony.
Statutes 571.030 which law says it is legal to carry the
Missouri Law Exempts the possession of antique
weapon in a passenger compartment of a vehicle as long
firearms, as defined in 18 U.S.C. Section 921, from the
as (1) the concealable firearm is otherwise lawfully pos-
provision that specifies a person commits the crime of
sessed, (2) the person is 21 or older, or (3) the person
unlawful possession of a firearm if he or she is a convict-
is in his dwelling unit (e.g. RV) or upon premises over
ed felon possessing a firearm (Section 571.070).
which the person has possession/authority/control, or is
Missouri Statute 571.121 (8/28/2007) says (a) you
traveling in a continuous journey peaceably through this
have to carry permit with you when you carry the con-
state.
cealed weapon and if you don’t have it with you, it is not
The same applies (it is not a crime) when the person
a crime, but you can be fined up to $35, and (b) director of
is 21 and possesses an exposed firearm for the lawful pur-
revenue issues a driver’s license or a state I.D. with a CCW
suit of game.
endorsement that reflects that you can carry concealed.
Open carry
Missouri does allow open carry of firearms for those age Montana
18 or older. However, city, county, and municipalities are Montana has some of the most permissive gun laws in
allowed to pass laws and ordinances restricting this. It the United States.[171] It is unique in having no state-level
is advisable to check local laws and ordinances before prohibited possessor statute, although the state preemp-
openly carrying a firearm within Missouri. tion statute allows local governments to prohibit
firearms possession among felons and mental incompe-
tents.[172]
22
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Montana is a "shall issue" state for concealed car- tion, impersonating a police officer, and public indecen-
ry.[173][174] The county sheriff shall issue a concealed cy.[185] The Lancaster County Sheriff will not issue a Ne-
weapons permit to a qualified applicant within 60 days. braska permit to purchase a handgun if the applicant is a
Concealed carry is not allowed in government buildings, Lincoln resident and is prohibited by this law from pos-
financial institutions, or any place where alcoholic bev- sessing firearms.[186]
erages are served. Carrying a concealed weapon while in-
toxicated is prohibited. No weapons, concealed or oth-
erwise, are allowed in school buildings. Montana recog-
Nevada
nizes concealed carry permits issued by most but not all Nevada state law does not require the registration of
other states. Concealed carry without a permit is gener- firearms. However, handgun owners in Clark County
ally allowed outside city, town, or logging camp limits. must register their concealable firearms at a law enforce-
Under Montana law a permit is necessary only when the ment agency within an incorporated city of Clark County
weapon is " wholly or partially covered by the clothing or (informally call the ’Blue Card’).[187]
wearing apparel ",[175] therefore it is legal to carry and/
or keep a firearm inside a vehicle without a permit ( as Nevada is a "shall issue" state for concealed carry. The
long as it is not concealed on the person ) it is also le- county sheriff shall issue a concealed firearms permit
gal to carry a firearm in a backpack, purse or briefcase to qualified applicants.[188] To apply for a Concealed
without a permit.[175] Open carry is also generally per- Firearm Permit, a person successfully take an approved
mitted.[176][177][178] course in firearm safety and demonstrate competence
Montana has state preemption of most firearms laws. (qualify) with a semiautomatic handgun or revolver or
Local units of government may not prohibit, register, tax, both. Once issued, the permit will read:
license, or regulate the purchase, sale or other trans- Semiautomatic firearms authorized ... Yes | No
fer, ownership, possession, transportation, use, or un-
concealed carrying of any weapon. However, local gov- Revolvers authorized ... Yes | No
ernments may restrict the firing of guns, or the carrying
depending on the applicant’s demonstrated compe-
of firearms at public assemblies or in public buildings or
tence.[189]
parks.[179]
Montana has a number of restrictions on lawsuits
Note: The change in the law regarding competence with
against firearms manufacturers, dealers, or trade associ-
semi-automatic handguns was made effective July 1, 2011
ations. Such lawsuits may be filed by the state, but not by
through Nevada Assembly Bill AB 282.[190] This change is
local governments.[180][181]
retroactive meaning that permits issued prior to July 1,
Montana House Bill 246, the Montana Firearms Free-
2011 that have specific semiautomatic firearms listed is
dom Act, was signed into law by Governor Brian Sch-
the equivalent to having all semiautomatic fireams au-
weitzer on April 15, 2009, and became effective October 1,
thorized.[191]
2009. This legislation declares that certain firearms and
States that honor a Nevada permit: Alaska, Arizona,
firearms accessories manufactured, sold, and kept with-
Idaho, Indiana, Kansas*, Kentucky, Louisiana, Michigan*,
in the state of Montana are exempt from federal firearms
Minnesota, Missouri, Montana, Nevada, Oklahoma, South
laws, since they cannot be regulated as interstate com-
Dakota, Tennessee, Texas, Utah (*Residential Permits On-
merce.[182][183]
ly)
Other state permits that Nevada honors as of July
Nebraska 1, 2011: Alaska, Arizona, Arkansas, Kansas, Kentucky,
Louisiana, Michigan, Missouri, Nebraska, New Mexico,
In Nebraska, to purchase a handgun, a permit to pur-
North Carolina, Ohio, Tennessee, Rhode Island, West Vir-
chase is required. Rifles and shotguns are not subject
ginia. The law allows holders of valid permits from these
to gun laws more restrictive than those at the federal
states to carry a concealed weapon while in the State of
level. As of January 1, 2007, concealed handgun permits
Nevada. The permit must be in the possession of the per-
(CHPs) are being issued by the Nebraska State Patrol. NFA
son at all times while carrying a firearm.
firearms (machine guns, short barreled shotguns, short
Nevada is a traditional open carry state with seem-
barreled rifles, and silencers) are legal to own as long as
ingly complete state preemption of firearms laws. How-
they are compliant with federal law.
ever, several localities have passed and are enforcing
Residents of the city of Omaha are required to regis-
"Deadly Weapons" laws which conflict with the preemp-
ter their handguns.[184]
tion laws, and whose legality is therefore at issue. Were
In Lincoln, municipal code section 9.36.100 prohibits
this not the case, Nevada would qualify as a "Gold Star"
the possession of a firearm by anyone who has been con-
open carry state. Effective Oct 1, 2007 is legislation that
victed of certain misdemeanors within the last ten years.
prohibits counties/cities/towns from enacting ordi-
These include stalking, violation of an order of protec-
23
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
nances more restrictive than state law – the legislature
reserves for itself the right to legislate firearms law. This
New Jersey
law is retroactive. Hence the more restrictive ordinances
in North Las Vegas and Boulder City are null and void. Permits to Purchase/Own
In New Jersey, firearm owners are required to get a life-
AB 217, allows residents of non-contiguous states to pur- time Firearm Purchaser card for the purchase of rifles,
chase long guns in Nevada. It also allows Nevada resi- shotguns or handguns. To purchase a handgun, a sepa-
dents to purchase long guns in non-contiguous states. rate permit is needed from the local police department
This legislation brings Nevada in line with the protec- for each handgun to be purchased and expires after 90
tions provided by the Firearms Owners Protection Act, days. These, like the initial Firearms Identification card
which allows for the interstate sale of long guns by feder- (FID), are provided to applicants on a shall-issue basis.
ally licensed firearms dealers. They require in-depth application questioning, multiple
references and background checks via the State Bureau
AB 282 ensures that CCW permit holders’ names and ad- of Identification and New Jersey State Police; however,
dresses remain confidential; revise Nevada state law to authorities do not have discretion and must issue permits
allow carrying of any semi-automatic pistol, as with re- to applicants who satisfy the criteria described in the
volvers, once qualified for a CCW permit with a semi- statutes. NJ law states that Firearms Identification ap-
automatic pistol; allows carrying of firearms in Nevada proval and/or handgun purchase permit(s) must be is-
state parks; and statutorily mandates a background in- sued within 30 days; however, this rule is frequently ig-
vestigation (which is currently being done by all Nevada nored and permits and/or ID cards often take several
sheriffs) for CCW permit renewals for the purpose of re- months to be issued. Applicants are able to appeal the de-
instating the National Instant Criminal Background nial of permits.
Check System (NICS) exemption for Nevada, thus ensur-
ing that permit holders do not have to go through a Limits and Restrictions
point-of-contact check for every firearm purchased, as N.J. Rev. Stat § 2C:39-1y. New Jersey bans the possession
long as the CCW permit is valid. and use of hollowpoint ammunition, with the notable ex-
emption for ammunition possessed inside one’s home or
Assembly Bills 217 and 282 went into effect on July 1, on one’s property, or for use during specific activities, i.e.
2011. hunting or at shooting ranges.[200] Hollowpoint ammuni-
tion is available for unrestricted purchase from most re-
The CCW permit costs $100.25 for new applications and tailers wherever firearms are sold, and may be transport-
$65.25 for renewals, and is valid for 5 years for residents ed by purchasers without special licensing.
and 3 years for non-residents.[192][193][194] Capacities of semiautomatic handguns and rifles (to-
tal in magazine excluding chamber) are limited to 15
New Hampshire rounds. Furthermore, New Jersey has banned various
semi-automatic firearms.[201] Police are bound by the As-
No license is required to openly carry a firearm while on sault Weapons Ban (AWB) in New Jersey but may possess
foot, but carry of a loaded pistol or revolver in a motor those weapons if they receive the signatory approval of
vehicle, openly or concealed, does require a license. Note the chief law enforcement officers of their agencies. They
that the NH license is issued for carry of a "pistol or re- are exempt from the capacity limits on magazines when
volver," and is not a license to carry "weapons" as ex- used in duty firearms, and also in personal weapons
ists in some other states. The NH license is issued by when approved by the agency.
the local mayor, selectmen, or police dept at a cost of Starting January 1, 2010, New Jersey limits handgun
$10 for residents, and by the NH State Police at a cost purchases to one per 30 day period. Upon completing a
of $100 for non-residents (changed from $20 on July 1, New Jersey State police form, an FID card holder may be
2009). The term of issue of the license is four years for granted permission to purchase more than one handgun
non-residents, and at least four years for residents.[195] a month by declaring good reason. Reasons may include:
Turn around time is generally 1 – 2 weeks, with 14 days recreational shooting; the purposes of collectors; when it
being the maximum time allowed by law.[196] is required for certain employment; and when obtaining
New Hampshire has no laws restricting the age at firearms as the beneficiary of a will.[202]
which a person may possess and carry
firearms. [197][198][199]
Permits to Carry and Transport
New Jersey issues Permits to Carry to both residents and
non-residents, who must submit applications to the chief
law enforcement officers of their municipalities, or the
24
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
Guns Statutes
State permit No No [citation needed]
to purchase?
Firearm reg- No No [citation needed]
istration?
"Assault No No [citation needed]
weapon"
law?
Owner li- No No [citation needed]
cense re-
quired?
Carry per- No Yes NMSA Shall-issue, with completion of 15-hour handgun safety course that in-
mits issued? 29–19–4 cludes live-fire instruction. Permit required to carry concealed loaded
firearm. No permit needed for open carry, concealed carry of an unloaded
firearm, or transport of a loaded firearm either concealed or openly in a
vehicle.
NFA No No [citation needed]
weapons re-
stricted?
Castle Doc- No No No statutory protection from lawsuits arising from the use of lethal force
trine law? in self-defense[citation needed]
"Opt-Out" Yes Yes NMSA Property owners may prohibit the carrying of firearms onto property
statute? 29–19–12; they lawfully possess by posting signage or verbally notifying persons up-
NMSA on entering the property.
30–14–6
Peaceable No No Federal rules observed.[citation needed]
journey
laws?
State Police, respectively. By statute, New Jersey is a may- firearm and ammunition were readily accessible to him
issue permit system, in which authorities are allowed dis- during his stay in New Jersey." This opinion will apply to
cretion in the approval and denial of applications. It has NJ airports. If you miss a flight or for any other reason
seemed to be the policy of many permit-issuing authori- your flight is interrupted and the airline tries to return
ties that the carrying of a handgun on one’s person ought you luggage that includes a checked firearm, you cannot
to be limited to armed professionals (private security of- take possession of the firearm if you are taking a later
ficers, law enforcement officers, etc.). Many applicants flight.
have reported difficulty in obtaining New Jersey Permits
to Carry, especially non-residents.
Federal law 18 USC 926A entitles a person to trans-
New Mexico
port a firearm; however, arrests have been made for hav- New Mexico laws governing the possession and use of
ing an unregistered handgun when flying out of NJ air- firearms[203][204] include those in New Mexico Statutes
ports. In 2005, Gregg C. Revell was traveling through Ne- Chapter 30, Article 7, "Weapons and Explosives".[205]
wark Airport, but because of a missed flight, he was given New Mexico has state preemption of firearms laws, so
his luggage, which included a properly checked firearm, local governments may not restrict the possession or use
and he was forced to spend the night in New Jersey. of firearms. In 1986, Article 2, Section 6 of the state con-
When he returned to the airport the following day and stitution was amended to say, "No law shall abridge the
checked his handgun, he was arrested for illegal posses- right of the citizen to keep and bear arms for security and
sion. Mr. Revell lost his lawsuit after The U.S. Court of defense, for lawful hunting and recreational use and for
Appeals for the Third Circuit held in Gregg C. Revell v. other lawful purposes, but nothing herein shall be held
Port Authority of New York and New Jersey,[222] held to permit the carrying of concealed weapons. No munici-
that "Section 926A does not apply to Revell because his
25
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long guns Handguns Relevant Notes
statutes
State Permit to Purchase? No Yes
Firearm registration? No Yes Long guns, only in NYC.
"Assault weapon" law? Yes Yes More restrictive NYC version of the expired
Federal law.
Owner license required? Varies Yes Licensing is required for long guns in NYC.
Carry permits issued? Yes Yes In some localities a carry permit is de facto "No-
issue" (see below)
State Preemption of local Yes[citation Yes[citation
restrictions? needed] needed]
Peaceable Journey laws? Yes Yes With certain restrictions (see below)
pality or county shall regulate, in any way, an incident of Concealed carry of an unloaded firearm is legal with-
the right to keep and bear arms."[206] out a permit in New Mexico, however the same restric-
New Mexico is a "shall issue" state for the concealed tions that apply to openly carried firearms apply. Persons
carry of handguns, and permits the open carry of loaded under age 19 cannot carry in this manner unless trav-
firearms.[207] An applicant for a concealed carry permit eling to certain sporting, recreational or training events
must be a resident of New Mexico and at least 21 years as defined in law or on property controlled by parents,
of age. Each permit specifies the category and caliber of grandparents or guardians and under their supervi-
handgun that may be carried, but is also valid for a small- sion.[205]
er caliber. The applicant must complete a state approved New Mexico currently lacks a "Castle Doctrine" law,
training course that includes at least 15 hours of class- and those who lawfully use lethal force in self-defense
room and firing range time, and must pass a shooting are not protected by statute from potential lawsuits by
proficiency test for that category and caliber of handgun. the aggressor and/or his or her surviving relatives.[citation
A permit is valid for four years, but license holders must needed]
pass the shooting proficiency test every two years.[208]
New Mexico recognizes concealed carry permits is-
sued by 19 other states: Alaska, Arizona, Colorado,
New York
Delaware, Florida, Kentucky, Michigan, Minnesota, Mis- Main article: Gun Laws in New York
souri, Montana, North Carolina, North Dakota, Ohio, Ok- Introduction
lahoma, South Carolina, Tennessee, Texas, Virginia, and New York is one of the strictest states in the nation
Wyoming.[208][209] with regard to the purchase, possession and carrying of
Even with a concealed carry permit, it is not legal to handguns.[214] Most of New York State gun laws are cov-
carry a firearm into a federal building, school, or restau- ered in two sections of New York Penal law: article 265 –
rant that serves hard alcohol. Carry is allowed in restau- FIREARMS AND OTHER DANGEROUS WEAPONS; and arti-
rants that serve beer and/or wine however.[210] carrying cle 400 – LICENSING AND OTHER PROVISIONS RELATING
of a licensed concealed weapon into a store that sells al- TO FIREARMS. These sections include the banning of pos-
cohol for off site consumption (i.e. Grocery store, gas sta- session of a handgun and exemptions to the handgun
tion, liquor store) is legal (note that "open carry" is ex- ban, including to those who have a license to carry, pos-
pressly disallowed in this case[211]). The state also has sess, hunt with, target shoot, repair, and dispose of
an "opt-out" statute, allowing home and business owners firearms.
the ability to legally forbid firearms on their property New York maintains a state level prohibition against
and/or in their buildings with appropriately displayed the features listed in the now defunct Federal Assault
signage stating such prohibition. Weapons Ban.[215][216][217] Magazines made after 1994
New Mexico has an "extended domain" law, which with a capacity in excess of 10 rounds and rifles with
means that a person’s vehicle (including motorcycles and two or more of the stated restricted features are
bicycles) is considered an extension of their home. It is banned.[9][218][219]
therefore legal to carry a loaded firearm without a per- New York is a "May-Issue" state, in that the individ-
mit, openly or concealed, anywhere in a vehicle.[212][213] ual licensing official has wide latitude and discretion in
On foot, no permit is required to carry a firearm unless it the issuance of Pistol Licenses, and additionally, has the
is both loaded and concealed. option of placing a variety of restrictions on the man-
ner and purpose for which the handgun can be carried.
26
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
This discretion given to local authorities creates a state- cant’s ’good character.’ Pistol licenses can take from less
wide patchwork of local handgun licensing policies. This than four months to more than six months for approval,
diversity creates a climate in which the level of restric- even though N.Y. law allows the licensing authorities no
tion a New York State resident will be required to abide more than six months to process a license.[222]
by will vary extremely widely depending on the attitude Types of Licenses/Restrictions
of the issuing authority. Even those New York State res- In addition to laws pertaining to the entire state of
idents who are the beneficiaries of pro-gun local policies New York, there are additional laws and statutes pertain-
(such as ’unrestricted carry’ licenses), must still obtain ing to licensing and permits in some of the major cities
a New York State Pistol License, apply for a purchase of the state.[224] Cities with stricter laws include Albany,
document for each handgun purchased, and possess only Buffalo, Rochester and New York City.[citation needed] Pis-
those handguns that are specifically registered to tol licenses are generally of two types: carry or premises-
them.[218][219] only.[222] "Premises-only" is the most common license is-
Of all the states that do issue carry pistol licenses, sued in New York City and is supposed to be "Shall-Is-
New York State has arguably the strictest handgun li- sue."[citation needed] Restrictions can be placed on either of
censing policies in the nation.[214] New York City, which the above types of licenses; for example, many jurisdic-
is effectively a "No-Issue" jurisdiction for carry pistol li- tions allow handgun license holders to carry handguns
censes,[220] has even stricter laws, including those regu- only while hunting (i.e. sportsman’s license) and/or trav-
lating handguns exclusively kept at home.[221] eling to and from the range (i.e. target license).[222] Th-
Overview of Handgun Licensing[218][219][222] ese restrictions, however, are administrative in nature;
The purchase of a handgun in New York State is lim- carrying a licensed, registered handgun outside of the re-
ited to only those individuals who hold a valid Pistol Li- strictions indicated on a pistol license should result in ad-
cense issued by a county or major city within New York ministrative (suspension, revocation) penalties only.[cita-
State and present to the seller a purchase document, is- tion needed]
sued by the licensing authority, with the specific make, New York City New York City, unlike many upstate
model, caliber and serial number of the handgun indicat- counties, has very strict no carry laws. Pistol licenses
ed on the document. The possession of a handgun in New must be obtained through the NYPD License Bureau at
York State is limited only to those individuals who hold a One Police Plaza in lower Manhattan.[225] Licenses issued
valid Pistol License and are in possession of a registered are valid in the state[citation needed]
handgun (one that appears on the license, indicating the Security Guards and business people who regularly
specific make, model, caliber and serial number of the carry valuables may be issued a Restricted Business Carry
handgun). The carry of a handgun in New York State is License which is valid only while conducting the business
limited only to those individuals who hold a valid Pistol specifically as it was described, in great detail, on the ap-
License, possess a registered handgun, and are carrying plication for the license. NYC target or premises-only li-
said handgun in compliance with the restrictions as they censes are the licenses issued to average citizens who
appear on the license and other applicable state and fed- cannot show a need for self defense greater than any
eral law. another average citizen. They are clearly marked:
New York State pistol licenses are not issued to out- RESTRICTED – NOT FOR CARRY and require the licensee
of-state or part-time residents.[222] New York does not to obtain special permission from the NYPD License
honor licenses or permits from any other states, though Bureau to leave the city with the handgun. Most licenses
some states will recognize New York licenses without a issued in New York City are for on-premises possession
formal agreement.[223] There are no provisions for an only, for self-defense within the home or business. Trans-
out-of-state handgun owner (other than on- or off-duty porting the handgun (via a locked-box) to and from a tar-
law enforcement, on-duty military or non-resident busi- get range must be done according to a strictly limited
ness owners with a NYS Pistol License), except for off-du- schedule pre-approved by the NYPD Licensing Bureau.
ty law enforcement and military personnel.[citation needed]. NYC target licenses allow carrying to and from the range
Application within a "locked-box" at any time at the discretion of
Application for a handgun license is through the indi- the licensee, but prohibit the possession of the licensed
vidual’s county or major city of primary residence, usual- handgun in a loaded condition within the home, thereby
ly the police/sheriff’s department, or a separate licensing prohibiting use for self-defense within the home or busi-
authority (i.e. "The County Pistol Clerk"). After initial ap- ness. Applicants for, and holders of, a NYC target license
proval on the county level, the application is then passed must be members of an NYPD License Bureau-approved
on to the New York State Police for further approval. target range within NYC at the time of application for the
As part of the application process, the applicant will be license. Traveling through New York City with a license
required to ask friends or associates to act as personal issued from another jurisdiction within New York State
references. These individuals may be required to fill out must be done carefully (locked box, in vehicle’s trunk, no
forms, varying in length by county, attesting to the appli- unnecessary stops).[218][219][225]
27
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Regional/Cultural Differences Throughout the State "by a person who is a member or coach of an accredited
Restrictions on New York State handgun licenses college or university target pistol team" and "while at-
vary greatly from jurisdiction to jurisdiction.[citation need- tending or traveling to or from, an organized competitive
ed] In contrast to "no carry" New York City, and some pistol match or league competition under auspices of, or
counties which only issue "to and from target shooting approved by, the National Rifle Association and in which
and hunting" licenses, many upstate New York counties he is a competitor, within 48 hours of such event or by a
issue unrestricted Pistol Licenses that allow unrestricted person who is a non-resident of the state while attending
concealed carry of a loaded handgun (except for impor- or traveling to or from an organized match sanctioned
tant exceptions such as schools, court houses/rooms, se- by the International Handgun Metallic Silhouette Associ-
cure areas of airports).[citation needed]. ation and in which he is a competitor, within 48 hours of
Some of the most rural upstate counties (such as such event."[228]
Delaware County) specifically do not enforce the vague Federal Protections
"concealed" language in New York State’s licensing law, New York State is of particular concern to interstate
effectively allowing open carry of a licensed handgun.[ci- motorists who travel with firearms, because New York
tation needed] Paradoxically, except for visiting New York separates all of New England from the bulk of the United
City (which does not recognize any other county or city’s States. This means that under the Firearm Owners Pro-
license), the restrictions (or lack thereof) as they appear tection Act, all people traveling through New York City
on the license stay with the license as the individual trav- and New York state with firearms are protected by feder-
els from county to county within the state. For example, al law, however they must have their firearms unloaded
the holder of a Delaware County pistol license (unre- and locked in a hard case where they are not readily
stricted carry) can carry his concealed handgun into a accessible (e.g. in the trunk of a vehicle).[229] They can
restaurant in Suffolk County, while his Suffolk County never be in possession of a high capacity feeding device
friend cannot.[citation needed] Not all of the most pro-gun made post-ban (although within first half of 2011 several
counties of New York are particularly far from New York raids have been executed by Suffolk and Nassau County
City either; many tourists getting away from New York police at public ranges, resulting in reported confiscation
City for a weekend trip to the country have been quite of pre-ban high capacity magazines).[citation needed] How-
surprised at the prevalence of openly carried firearms of ever, people have been arrested for having an unregis-
all types, only several hours from home.[citation needed] tered handgun when flying out of N.Y. airports. In 2005,
This dichotomy in New York State handgun license Gregg C. Revell was traveling through Newark Airport,
policies (upstate rural/downstate urban) is an outgrowth but because of a missed flight, he was given his luggage,
of three specific cultural forces: the strength of home which included a properly checked firearm, and he was
rule in New York State, the prevalence of conservative forced to spend the night in New Jersey. When he re-
political forces upstate, the tradition of the various hunt- turned to the airport the following day and checked his
ing seasons in the rural counties.[citation needed] handgun, he was arrested for illegal possession. Mr. Rev-
Rifles and Shotguns, Antique Handguns ell lost his lawsuit after The U.S. Court of Appeals for the
Rifles and shotguns do not have to be registered in Third Circuit held in Gregg C. Revell v. Port Authority of
any jurisdiction within New York State except for New New York and New Jersey,[230] held that "Section 926A
York City.[218][219] New York City requires registration does not apply to Revell because his firearm and ammu-
and has additional restrictions such as they cannot take a nition were readily accessible to him during his stay in
detachable magazine having a capacity greater than five New Jersey." This opinion will apply to N.Y. airports.[cita-
rounds.[221] Laws pertaining to the handling of rifles and tion needed] If you miss a flight or for any other reason your
shotguns are in sharp contrast to those of handguns. For flight is interrupted and the airline tries to return you
example, licensed carry of a handgun on one’s person al- luggage that includes a checked firearm, you can not take
lows the handgun to be fully loaded, including within an possession of the firearm if you are taking a later flight.
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
North Carolina
except for a self defense emergency.[226] Antiques and To acquire a handgun in North Carolina (including pri-
replica handguns must be registered to be legally loaded vate sales, gifts, and inheritance) an individual must go
and fired.[227] to the county sheriff’s office in the county in which they
Non-Resident Travel through N.Y. reside and obtain a pistol purchase permit. This is not
Traveling through New York State while possessing required if one has a CHP (Concealed Handgun Permit)
any handgun, for any purpose, without a New York State permit.[231] State law requires the applicant to appear
pistol license, is legally risky.[citation needed] New York in person with government ID, pay a $5 fee, undergo a
State law does include a very limited exception for pass- background check similar in scope and scrutiny to NICS,
ing through the state for target competition purposes, and have a reason for owning a pistol (hunting, target
28
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
shooting, self defense, or collecting). Because there are associated with criminal activity. No permit is required
100 different counties in North Carolina, there are differ- to carry a handgun openly in North Carolina.
ent sets of rules and requirements for obtaining such a North Carolina is a Common Law State.[243] Appear-
permit, which can be determined arbitrarily by the local ing in a public place, armed with a firearm, may be an af-
sheriff. Some sheriffs impose other restrictions such as fray at common law depending on the circumstances.[244]
a limit on the number of permits applied for at a time, In State v. Robert S. Huntley, it was ruled, in part:
waiting periods, and/or proof of good moral character (a
witness or references, in some cases notarized with affi- It has been remarked that a double-barrel gun, or
davits).[232][233][234][235][236] The Pistol Purchase require- any other gun, cannot in this country come under
ments are a holdover from Jim Crow laws that were de- the description of "unusual weapons," for there is
signed to prevent African-Americans and other minori- scarcely a man in the community who does not own
ties from easily obtaining handguns.[237] and occasionally use a gun of some sort. But we do
Durham County requires the registration of hand- not feel the force of this criticism. A gun is an "un-
guns. In accordance to North Carolina Law, no other usual weapon," wherewith to be armed and clad.
county or local government may require handgun regis- No man amongst us carries it about with him, as
tration.[237] one of his every day accoutrements—as a part of
North Carolina is a "shall issue" state for the con- his dress—and never, we trust, will the day come
cealed carry of handguns. Application for a concealed when any deadly weapon will be worn or wielded in
handgun permit is made through the local county sher- our peace-loving and law-abiding State, as an ap-
iff’s office. Applicants must complete a state approved pendage of manly equipment. But although a gun is
training course given by a state certified trainer. Instruc- an "unusual weapon," it is to be remembered that
tors for these classes must be certified by the North the carrying of a gun, per se, constitutes no (sic)
Carolina Department of Justice. The Concealed Carry offence. For any lawful purpose—either of business
Handgun Safety Class is regulated to be a minimum of or amusement—the citizen is at perfect liberty to
eight (8) hours long and must include a written test on carry his gun. It is the wicked purpose, and the
state laws pertaining to the use of deadly force, and re- mischievous result, which essentially constitute the
strictions on the locations a handgun may be carried in a crime. He shall not carry about this or any other
concealed fashion. In addition, the applicant must shoot weapon of death to terrify and alarm, and in such
a designated course of fire and obtain a passing score. manner as naturally will terrify and alarm a peace-
A concealed handgun permit is valid for a period of five ful people.[245]
years. Regardless of the possession of a CHP, there are
places that are restricted from the carrying of a con- Because of State v. Huntley, and other court rulings,[244]
cealed handgun, or any other firearm. Some restrictions caution is urged as to the areas a person frequents with
have loop holes for EMS, Fire & Police.[238] Firearms may firearms.[246]
not be transported or possessed off of one’s own premis-
es during a declared state of emergency or in the immedi- North Dakota
ate vicinity of a riot, except for law enforcement and mil-
itary personnel in the performance of their duties. [239] North Dakota[247] is a "shall issue" state for concealed
North Carolina honors concealed carry permits is- carry. The North Dakota Bureau of Criminal Investigation
sued by Alabama, Alaska, Arizona, Arkansas, Colorado, (BCI) shall issue a concealed weapon permit to a qualified
Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Ken- applicant. The applicant must pass a written exam and
tucky, Louisiana, Michigan, Mississippi, Missouri, Mon- submit an application to the local law enforcement
tana, New Hampshire, New Mexico, Nevada, North agency, which conducts a local background check before
Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, forwarding the application to the BCI. The permit is valid
South Carolina, South Dakota, Tennessee, Texas, Utah, for three years. A concealed weapon permit is required
Virginia, Washington, and West Virginia. New Mexico when transporting a loaded firearm in a vehicle. Con-
has no formal agreement with North Carolina, but they cealed carry is not allowed in an establishment that sells
do informally accept the permit. North Carolina’s permit alcoholic beverages or in a gaming site. Concealed carry
is valid in approximately thirty-three states, more than is also not allowed, unless permitted by local law, at a
any other CHP.[240][241] school, church, sporting event, concert, political rally, or
Open Carry is also legal throughout North Caroli- public building.[248][249][250][251]
na[242] except within the town of Cary, which forbids it North Dakota has state preemption of firearms laws.
by local ordinance. In the city of Chapel Hill, open carry No political subdivision may enact any ordinance relat-
is restricted to guns of a certain minimum size, under the ing to the purchase, sale, ownership, transfer of owner-
theory that small, concealable handguns are more often ship, registration, or licensure of firearms and ammuni-
tion which is more restrictive than state law.[252]
29
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit to Pur- No No None
chase?
Firearm registration? No No None No
"Assault weapon" No No None Magazines holding over 31 rounds makes the weapon an "au-
law? tomatic firearm" subject to law accordingly
Owner license re- No No None No
quired?
Carry permits issued? No Yes O.R.C. Shall Issue – 12 hour training required
2923.16
State Preemption of Yes Yes O.R.C. Full Preemption – Affirmed by City of Cleveland vs. State of
local restrictions? 9.68 Ohio
NFA weapons restrict- Partial Partial O.R.C. It is a violation of state law to possess NFA weapons except as
ed? 2923 permitted by federal law.
Peaceable Journey No No None Federal rules observed.
laws?
Firearms manufacturers, distributors, and sellers are Ohio’s concealed handgun law allows for reciprocity
not liable for any injury suffered because of the use of with other states with "substantially comparable"
a firearm by another. However, they may be sued for statutes, and to date Ohio has reciprocity with 20 other
breach of contract or warranty, or for defects or negli- states. Such written agreements allow permit holders
gence in design or manufacture.[253] from each state to carry in the other. Many other states,
such as Indiana and Arizona, recognize Ohio permits in
Ohio their state without reciprocity, meaning Ohio does not in
turn recognize permits issued by that state.
The Ohio constitution acknowledges the right to keep An Ohio concealed carry license does not allow totally
and bear arms. Ohio law provides very few additional re- unfettered carry. Any owner of private property can ban
strictions on gun ownership and transactions than the concealed handguns by posting a sign in clear view. Ad-
restrictions provided by Federal Law. Ohio gun law re- ditional "no-carry" zones are mandated by O.R.C., includ-
lates mostly with the carrying and transportation of ing most government buildings, churches, school prop-
guns. erty, and businesses serving alcohol (note on 6/30/11
In April 2004, Ohio’s concealed carry statute went in- Governor Kasich signed senate bill 17 which generally al-
to effect. The law (Ohio Revised Code [O.R.C.] 2923.12, lows possession of a firearm in a business serving alcohol
et seq.) allows persons 21 and older to receive a con- by a licensed concealed carry holder as long as the holder
cealed handgun license provided that they receive a min- is not under the influence of alcohol or other drugs and is
imum of 12 hours of handgun training (10 hours of class- not consuming either on the premises. This law takes ef-
room instruction and 2 hours of range time) from a cer- fect 90 days from signing which is 9/30/11.) Various oth-
tified instructor, demonstrate competency with a hand- er exceptions to these no-carry zones are also given.
gun through written and shooting tests, pass a criminal Ohio is a traditional open-carry state. The open-carry
background check, and meet certain residency require- of firearms by those who legally possess the firearm is a
ments.[254] legal activity in Ohio with or without a permit. While le-
The statute prohibits any person with any drug con- gal, the practice is not common in urban areas and often
viction from receiving a license, as well as any person results in police responding. Various cases of harassment
convicted of a felony and those who have been convicted by police on those open carrying have been documented.
of certain misdemeanor crimes of violence within three Non permit holders and all users of long guns have
years (ORC 2923.125). much stricter rules for carrying firearms in their vehi-
Per O.R.C. 9.68, all firearm laws in Ohio, except those cles. Ohio statute O.R.C. 2923.16 allows for three ways for
restricting the discharge of firearms, supersede any local those not licenced to carry a concealed firearm to trans-
ordinances. This restriction on municipalities was upheld port firearms in a motor vehicle. The firearm(s) must be
by the Ohio Supreme Court in the cases of OFCC vs. Clyde unloaded (by O.R.C. 2923.11 unloaded includes an empty
(2008) and City of Cleveland vs. State of Ohio (2010). clip) and carried in one of the following ways:
(1) In a closed package, box, or case;
30
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit to Pur- No No – None
chase?
Firearm registra- No No – None
tion?
"Assault weapon" No No – None
law?
Owner license re- No No – None
quired?
Carry permits is- No Yes – None
sued?
State Preemption of Yes Yes – –
local restrictions?
NFA weapons re- No No – Residents of Oklahoma who own NFA regulated firearms or items
stricted? must comply with all federal laws and regulations.
(2) In a compartment that can be reached only by
leaving the vehicle;
Oklahoma
(3) In plain sight and secured in a rack or holder made Main article: Gun laws in Oklahoma
for the purpose;
(4) If the firearm is at least twenty-four inches in Buying, Selling, and Owning Firearms
overall length as measured from the muzzle to the part
Under state law, you must be 18 to buy a firearm of any
of the stock furthest from the muzzle and if the barrel
type (handguns or long guns) from a private seller. To
is at least eighteen inches in length, either in plain sight
purchase a handgun from a licensed dealer, you must be
with the action open or the weapon stripped, or, if the
21 years of age under federal law, however. Felons, men-
firearm is of a type on which the action will not stay open
tally ill persons, illegal aliens, and certain juvenile of-
or which cannot easily be stripped, in plain sight.
fenders are prohibited from buying or owning firearms.
For those who are licensed concealed carry permit
You must be 18 years of age to possess or own firearms,
holders; in most circumstances they may carry a loaded
with a few exceptions for special circumstances. When
firearm in a vehicle provided it is either:
purchasing a handgun from a dealer, in addition to feder-
al background checks, you must pass an Oklahoma State
1. In a holster on the licensee’s personBureau of Investigation background check. This process
(passing the background or
2. In a closed case, in plain sight, with a zipper, snap check) usually only takes a few
minutes, to the
buckle which must be opened to gain access but in rare cases can take up to a week. There is
firearm. or no limit to the number of firearms that a person may buy
or or locked case.
3. In a glove compartment, center console own under state law.
Owning or possessing a short-barreled shotgun or ri-
Note (On 6/30/11 Governor Kasich signed senate bill 17 which
fle is illegal and a felony under state law, unless the short
generally removes the restrictions on how a firearm must
barreled firearm is registered under the National
be carried in a vehicle by a licensed concealed carry
Firearms Act. Owning or possessing an automatic firearm
holder. The bill specifically mentions the repeal of the
is not illegal under state law, but is still illegal under fed-
requirements above under most circumstances. Some
eral law unless the automatic firearm is registered un-
restrictions are not mentioned by the bill including
der the National Firearms Act. Local and State authorities
those on long guns. There are also restrictions on
are not obligated to enforce federal firearms law or no-
handling/moving concealed firearms in situations
tify federal authorities of federal firearms law violations,
involving contact with law enforcement officers. Other
however they may, or may not, chose to do so.
restriction also apply.
Sections 1289.1 through 1289.17 of Title 47 Oklahoma
Statutes, may be known and cited as the "Oklahoma
This law takes effect 90 days from signing which is
9/30/11.) Firearms Act of 1971". And does contain any and all infor-
End of Note
mation regarding "Oklahoma Carry".
31
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Carrying Concealed Firearms traveling on public land or roads) they must be out of
reach of the driver, unloaded, and cased. Persons pos-
Concealed carry of firearms in public circumstances or
sessing a concealed carry license may carry a concealed,
on public land requires a concealed carry permit, issued
loaded handgun inside their vehicle on their person, just
by an authority of the state government. Individuals
as they are permitted to do so on foot.
must pass an extensive background check, meet certain
requirements, be at least 21 years of age, and pass a
firearms handling and safety course to be issued a per-
Carry on Private Property
mit. Open or concealed carry of a firearm on privately owned
Individuals possessing concealed carry permits may land or inside a residence (such as a backyard, in your
not carry concealed firearms of greater than .45 caliber. own home, or a large farm) is legal for persons 18 years
Individuals with concealed carry permits may not carry and older who can legally possess firearms, and no per-
concealed in an establishment whose primary purpose is mit is required. However, if a disturbance is caused, such
the serving of alcoholic beverages. Concealed carry per- carry could be construed as Disturbing the peace by law
mit holders may not consume alcoholic beverages while enforcement. Additionally, brandishing a firearm with-
carrying concealed. Doing so will result in revocation of out good, legal cause (such as self defense, defense of an-
carry permit and possible criminal charges. Concealed other, or lawful defense of property) is illegal. Carrying a
carry with permit is allowed in an establishment that firearm on private property generally requires the con-
serves alcoholic beverages, (such as a restaurant that sent/permission of the property owner.
serves alcoholic beverages) as long as that is not the pri-
mary purpose of said establishment. Concealed carry Prohibited Places and Authorized Per-
permit holders cannot carry in the immediate vicinity of sons
a major sporting event, or in most government buildings. Carrying of any firearms or weapons in a government
Concealed carry permit holders must have their license building or on school grounds is illegal and a felony, even
on their person while they are carrying concealed. if the citizen carrying possesses a concealed carry permit.
The only exceptions to this law are for licensed govern-
Concealed Carry Reciprocity ment or security personnel, such as state police officers,
Oklahoma recognizes and legally respects all and any out agents of the federal government, and certain security
of state concealed carry permits, even if the issuing state guards. Security guards of at least 21 years of age may
does not recognize an Oklahoma concealed carry permit. receive a license to possess firearms during the course
Oklahoma §21-1290.26. reads "The State of Oklahoma of their official duties if they meet certain requirements.
hereby recognizes any valid concealed carry weapons permit Security guards are not authorized to carry firearms out-
or license issued by another state. Any person entering this side of their official duties.
state in possession of a firearm authorized for concealed carry
upon the authority and license of another state is authorized Concealed Carry On Campus
to continue to carry a concealed firearm and license in this Concealed carry permit holders are not allowed to carry
state; provided the license from the other state remains valid. on college campuses. Doing so will usually result in seri-
The firearm must be carried fully concealed from detection and ous criminal charges, and permanent permit revocation.
view, and upon coming in contact with any peace officer of this There is an exception to this rule, but it is very specific,
state, the person must disclose the fact that he or she is in pos- and rarely utilized. In order for a concealed carry permit
session of a concealed firearm pursuant to a valid concealed holder to carry on a college campus in complete legality,
carry weapons permit or license issued in another state." they must obtain written permission from the president
of the specific college where they wish to carry. The pres-
Transporting Firearms ident may issue restrictions or conditions on the permis-
Individuals with hunting licenses may open carry loaded sion to carry on campus. Also, a physical copy of the writ-
firearms when hunting during hunting season. All other ten authorization must be carried by the permit holder
Open Carry of loaded long guns or handguns in a public while they are carrying concealed on campus. Very few,
setting or on public or government land is illegal under if any, concealed carry permit holders ever receive au-
state law, even if the individual open carrying possess thorization to carry a concealed firearm on any college
unloaded,
a concealed carry permit. Carry of unloaded cased campus in the state, due to these restrictions.
firearms is allowed while on foot, just as it is allowed
while traveling in a vehicle. Firearms carried by pedes- Specific Crimes with Firearms
trians must be both completely unloaded and cased. Carrying a firearm while substantially intoxicated by al-
Firearms being improperly transported in any way may cohol or another drug is a gross misdemeanor, punish-
be immediately confiscated by police without compensa- able by several weeks to months in jail. Carrying a
tion. When carrying firearms in a motor vehicle, (when
32
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
firearm in a bar or liquor store without a permit is a Salem, and Independence have banned loaded firearms
felony. Being in possession of a firearm or imitation in all public places.[261]
firearm while committing a crime of violence is a felony, Generally there is no reciprocity with other states
regardless of whether or not the firearm or imitation concealed handgun licenses. If you want to carry a con-
firearm is used in the commission of the said crime of vi- cealed handgun in Oregon, you will need an Oregon Con-
olence. Intentionally discharging a firearm in the com- cealed Handgun License.[262]
mission of a crime of violence is a felony.
Intentionally discharging a firearm into, or at, any
dwelling, or any building used for public or business pur-
Pennsylvania
poses, is a felony, regardless of whether or not the
dwelling or building is occupied. Rhode Island
Intentionally pointing a firearm, loaded or unloaded,
Main article: Gun laws in Rhode Island
at a person, is a misdemeanor punishable by several
months in jail, and may be prosecuted as a felony, with
Rhode Island is a hybrid shall/may issue state. The
additional penalties, if the purpose of such pointing was
’local licensing authority’ of each town (police chief or
to cause fear, emotional distress, or to intimidate.
town council if the locality has no police force) is given
Discharging a firearm within a municipality (inside
the authority to issue on a shall basis (RI Gen. Stat.
city limits) is illegal, even if a firearm is discharged on
11–47–11) but many police chiefs and town officials
private property. State-licensed shooting ranges are ex-
refuse to issue, violating state law. Often an applicant will
empt from this law.
be referred to the attorney general which is a ’may’ issue
It is a felony to possess, use, attempt to use, carry,
licensing authority (RI Gen. Stat. 11–47–18). However, the
manufacture, cause to be manufactured, import, adver-
’shall’ nature of the applicable statute is confusing, stat-
tise for sale, or sell ammunition which has "a core of less
ing that the applicant should have ’good reason to fear an
than sixty percent (60%) lead" and also "has a fluoro-
injury to his or her person or property or has any other
carbon coating, which is capable of penetrating body ar-
proper reason for carrying a pistol or revolver’. Some lo-
mor".
cal police chiefs disregard the ’proper reason’ clause and
The State of Oklahoma preempts all local regulation
require a letter of need. Most local police chiefs also use
of firearms.
the AG’s application (which does require need) and thus
the chiefs simply follow suit. In the case of an attorney
Right to Keep and Bear Arms in State
general’s application, the local police chief has to sign
Constitution ones application to ’verify residency’ before one can sub-
Section 26 of the bill of rights to the Constitution of the mit the application to the attorney general. But, before
State of Oklahoma states, "The right of a citizen to keep he signs the application he may have the person applying
and bear arms in defense of his home, person, or prop- take an NRA Safety Course from a Certified NRA Instruc-
erty, or in aid of the civil power, when thereunto legally tor within the state. State law does require an applicant
summoned, shall never be prohibited; but nothing herein for either permit to pass a skill test using the Army-L tar-
contained shall prevent the Legislature from regulating get at 25 yards, to be certified by a police official or a cer-
the carrying of weapons. " tified NRA instructor (RI Gen Law 11–47–15 and RI Gen.
Stat. 11–47–16). In most cases, the AG will not issue a per-
Oregon mit unless the demonstrated need is extremely convinc-
ing (work purposes, threat to one’s life, etc). Upon denial,
In Oregon, the right to bear arms is protected by Article applicants are offered the opportunity to appeal, requir-
1, Section 27 of the state constitution.[255] ing an interview with Bureau of Criminal Investigation
Oregon is a shall-issue concealed-carry state[256] and staff. This often results in the issuance of a restricted per-
is notable for having very few restrictions on where a mit, often for target range use. However, state law does
concealed firearm may be carried.[257] Oregon also has not grant the AG the authority to issue restricted permits
statewide preemption for its concealed-carry and state law explicitly states that carrying a firearm to a
laws—meaning that, with limited exceptions, counties target range does not require a permit.
and cities cannot place limits on concealed-carry beyond Non-resident permits can theoretically be issued by
those provided by state law.[258] any locality under 11–47–11 but it is unclear how many
Oregon is also an open-carry state,[259] but preemp- have ever been issued and considering the general an-
tion does not apply to open carry, so cities and counties tagonism of local police chiefs towards concealed carry,
are free to limit public possession of firearms by indi- it seems unlikely that such a permit would be issued.
viduals who do not have a concealed carry permit.[260] 11–47–8 does allow an out-of-state permit carrier to car-
The cities of Portland, Beaverton, Tigard, Oregon City,
33
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No Yes RI Gen. Stat. All purchasers of firearms must complete and pass a safety exam man-
to Purchase? 11–47–35[270] aged by the RI Department of Environmental Management, at which
time they will receive a DEM issued "blue card" allowing purchase.
Firearm reg- No No RI Gen. Stat.
istration? 11–47–41[271]
"Assault No No None
weapon"
law?
Owner li- No No None
cense re-
quired?
Carry per- No Yes RI Gen. Stat. See Notes Below
mits issued? 11–47–11 RI
and RI Gen.
Stat.
11–47–18[272]
State Yes Yes RI Gen. Stat.
Preemption 11–47–58[273]
of local re-
strictions?
NFA Yes Yes RI Gen. Stat. It is a violation of state law to possess any NFA weapon or silencers
weapons re- 11–47–8[274] with the exception of Class III FFLs.
stricted? and RI Gen.
Stat.
11–47–20[275]
Peaceable No Yes RI Gen. Stat. State law mirrors Federal law to a limited degree but does not make
Journey 11–47–8[274] any provision for transport of rifles and explicitly states that an indi-
laws? vidual transporting a weapon must have a valid permit in another
state. The State may also adhere to federal law but this is unclear and
there does not appear to be any statewide policy.
ry concealed in Rhode Island as long as they are ONLY Kansas, Kentucky, Louisiana, Michigan, Missouri, North
traveling through the state. Carolina, Ohio, Texas, Tennessee, Virginia, West Virginia,
Rhode Island does have a moderately strong Castle and Wyoming.[276][277]
Law RI Gen. Stat. 11–8–8, limited to the inside of a South Carolina law also now supports a "stand your
dwelling or chicken coop, with no duty to retreat. ground" philosophy under the "Protection of Persons
and Property Act" SECTION 16-11-440(C) with the follow-
South Carolina ing language. The act was apparently ruled non-retroac-
tive in State v. Dickey.[278]
South Carolina is a "shall issue" concealed carry permit
state. No permit is required to purchase rifles, shotguns, A person who is not engaged in an unlawful activity
or handguns. South Carolina also has "Castle Doctrine" and who is attacked in another place where he has
legal protection of the use of deadly force against intrud- a right to be, including, but not limited to, his place
ers into one’s home, business, or car. It is unlawful to car- of business, has no duty to retreat and has the right
ry a firearm onto private or public school property or to stand his ground and meet force with force, in-
into any publicly owned building except interstate rest cluding deadly force, if he reasonably believes it is
areas without express permission. Open carry is not al- necessary to prevent death or great bodily injury
lowed, but no permit is required to carry a loaded hand- to himself or another person or to prevent the com-
gun in the console or glove compartment of a car. As mission of a violent crime as defined in Section
of September 12, 2008, states with which South Carolina 16–1–60.
has reciprocity are: Alaska, Arizona, Arkansas, Florida,
34
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
South Carolina also has the “alter-ego” rule with respect State supreme court rulings and state attorney general
to the defense of others, under which a person who uses opinions interpret Section 26 to mean regulation cannot
deadly force to defend a friend, relative or bystander and should not interfere with the common lawful uses of
will be allowed the benefit of the plea of self-defense if firearms, including defense of the home and hunting, but
that plea would have been available to the person requir- should only be aimed at criminal behavior. Andrews v
ing assistance if they had been the one who used deadly State 1870 and Glasscock v Chattanooga 1928 defined the
force. In other words, the person intervening is deemed meaning of regulating arms. "Going armed", carrying any
to “stand in the shoes” of the person on whose behalf he sort of weapon for offense or defense in public, is a crime,
is intervening. If that individual “had the right to defend except carrying a handgun for defense is allowed with
himself, then the intervening party is also protected by a state-issued permit. At one time, Tennessee required a
that right. To claim self defense, a person has to be in a purchase permit for a handgun approved by one’s city
place they have a legal right to be, not be involved in any police chief or county sheriff with a fifteen-day waiting
illegal activity, must not have started the confrontation, period; that was replaced under the federal Brady Act
and must be in imminent danger of death or serious bod- with the Tennessee Instant Check System (TICS). Hand-
ily harm. guns in Tennessee are defined as having a barrel length
of less than twelve inches see TCA 39-11-106.
South Dakota Texas
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 per-
mit 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 establish-
ment 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.[279][280][281][282]
Open carry is legal in South Dakota and does not re-
quire a concealed pistol permit. Firearms may be trans-
ported in vehicles if they are clearly visible.
When buying a handgun from a Federal Firearms Li-
cense (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.[283]
South Dakota has state preemption of firearms laws.
Units of local government may not restrict the posses-
sion, transportation, sale, transfer, ownership, manufac-
ture, or repair of firearms or ammunition or their com-
ponents.[284] Firearms manufacturers, distributors, and
sellers are not liable for injury caused by the use of A notice stating that the Turman Halfway House in Austin,
firearms.[285] Texas prohibits concealed handguns. It should be noted that
this sign uses obsolete wording, and is no longer enforceable
under current Law.[287]
Tennessee
Places off-limits even with a Handgun Carry Permit Texas has no laws regarding possession of "long-bar-
Tennessee State Constitution, Article I, Section 26, reads: reled firearms" or "long guns" (shotguns, rifles and sim-
ilar) or handguns by persons 18 years or older without
That the people have the right to keep and bear felony convictions. NFA weapons are also only subject to
arms for their common defense; but the Legislature Federal restrictions; no State regulations exist. Munici-
shall have the power, by law, to regulate the wear- pal and county ordinances on possession and carry are
ing of arms with a view to prevent crime. generally overridden (preempted) due to the wording of
the Texas Constitution, which gives the Texas Legisla-
35
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No No None No
to Purchase?
Firearm reg- No No None No
istration?
"Assault No No None No
weapon"
law?
Owner li- No No None No
cense re-
quired?
Carry per- No* Yes 39-17-1351 Permits are "shall-issue". Concealed or open carry of a handgun is al-
mits issued? lowed with permit. *Loaded long gun carry is generally illegal. Those
with a Handgun Carry Permit(HCP) holders may have loaded longs in a
private vehicle so long as there is not a round in the chamber
39-17-1307(e) There are also other exceptions (like for hunting) listed in
39-17-1307
State No No 39-17-1314 Tennessee is an anomalous State. The Legislature made a loop hole for
Preemption cities and municipalities with laws in effect prior to April 8, 1986. The
of local re- local ordinances in effect before April 8, 1986 pre-empt State law see
strictions? TCA 39-17-1314(a). Local governments may post signs per 39-17-1359 to
prohibit carry on government property, just like private property own-
ers.
NFA No No None On July 1, 2003 public chapter 275 is in effect. It requires the CLEO, chief
weapons re- law enforcement officer, to sign NFA paperwork in 15 days if the appli-
stricted? cant is not prohibited from possessing firearms. see TCA 39-17-1361 .
Peaceable No No None Federal rules observed.
Journey
laws?
Self-Defense – – 39-11-611 There is not duty to retreat before using deadly force, as long as you are
Law acting lawfully and are in a place you have a right to be in. It is pre-
sumed you had a reasonable fear of imminent death or serious bodily
injury if someone unlawfully and forcibly enters a residence, business,
dwelling or vehicle.
ture (and it alone) the power to "regulate the wearing of or has lawful control over, while legally hunting, or while
arms, with a view to prevent crime".[288] Penal Code Sec- participating in some gun-related public event such as a
tion 1.08 also prohibits local jurisdictions from enacting gun show. A permit to carry concealed is thus required to
or enforcing any law that conflicts with State statute. Lo- carry a handgun in public. Concealed carry permits are
cal ordinances restricting discharge of a firearm are gen- issued on a non-discretionary basis ("shall-issue") to all
erally allowed as State law has little or no specification qualified applicants. In addition, Texas recognizes most
thereof. out-of-state concealed-carry permits.
There is no legal statute specifically prohibiting the The concealed handgun law sets out the eligibility
carry of a firearm other than a handgun, although there criteria that must be met. For example, an applicant must
is debate as to whether doing so constitutes "disorderly be qualified to purchase a handgun under the state and
conduct" (which defines an offense, in part, as "display- federal laws, however an exception is granted to mem-
ing a firearm or other deadly weapon in a public place bers of the military who are age 18 and over. Addition-
in a manner calculated to cause alarm"). Open carry of a ally, a number of factors may make a person ineligible
handgun in public is generally illegal in Texas due to PC (temporarily or permanently) to obtain a license, includ-
46.02; exceptions are detailed in that section and in 46.15, ing: felony convictions (permanent) and Class A or B mis-
and include when the carrier is on property he/she owns demeanors (5 years, permanent in cases of domestic vi-
36
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Location Relevant Notes/Exceptions
Statutes
Places open to the public 39-17-1305 The exception for restaurants was declared unconstitutional in November
that serve alcohol for on-site 2009, due to the definition of a restaurant being vague. It was re-passed
consumption except places with different verbiage over a Governor’s veto in June 2010. [286]
licensed as a restaurant,
provided one does not con-
sume alcohol
Any room where a judicial 39-17-1306 If a proceeding is not taking place in a courtroom, then carry would be le-
proceeding is taking place gal. If a judicial proceeding is taking place in any room, say a hospital
room, then carry would be illegal
Schools 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. 39-17-1310(4)
Some local Public Parks 39-17-1311 If you have a HCP carry in State and local parks is legal by default. Howev-
er 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 ac-
tivity, 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 39-17-1359 The code says the wording of the sign must be visible and "substantially
posted with a sign per similar" to that used in the code not exact, however it has never been
39-17-1359 legally defined what substantially similar means. See TN AG Opinion 07-43
olence), including charges that resulted in probation or military (through one year after discharge), to $70 ($35
deferred adjudication; pending criminal charges (indefi- renewal) for veterans.
nite until resolved); chemical or alcohol dependency (de- On March 27, 2007, Governor Rick Perry signed Se-
fined as 2 convictions for substance-related offenses; nate Bill 378 into law, making Texas a "Castle Doctrine"
10-year ban from the date of the first conviction); certain state which came into effect September 1, 2007.[291] Res-
types of psychological diagnoses (indefinite until the idents lawfully occupying a dwelling may shoot a person
condition is testified by a medical professional as being who "unlawfully, and with force, enters or attempts to
in remission); protective or restraining orders (indefinite enter the dwelling", or who removes or attempts to re-
until rescinded); or defaults on taxes, governmental fees, move someone from that dwelling, or who commits or at-
child support (indefinite until resolved).[289] This last tempts to commit a "qualifying" felony such as burglary,
category, though having little to do with a person’s abil- arson, rape, aggravated assault, robbery or murder. In
ity to own a firearm, is in keeping with Texas policy for addition, a shooter who has a legal right to be wherever
any licensing; those who are delinquent or in default on he/she is at the time of a defensive shooting has no "du-
State-regulated debts are generally barred from obtain- ty to retreat" before being justified in shooting; the "trier
ing or renewing any State-issued license (including dri- of fact" may not consider whether the person retreated
ver licenses), as an incentive to settle those debts. when deciding whether the person was justified in shoot-
A person wishing to obtain a CHL must also take a ing.
State-set instruction course covering topics such as ap- Gov. Perry also signed H.B. 1815, a bill that allows any
plicable laws, conflict resolution, criminal/civil liability, Texas resident to carry a concealed handgun in the resi-
and handgun safety, and pass a practical qualification at dent’s motor vehicle without a CHL or other permit.[292]
a firing range with a weapon of the type they wish to Chapter 46, Section 2 of the Penal Code states that it is
use (revolver or semi-automatic) and of a caliber greater in fact not "Unlawful Carry of a Weapon" for a person to
than .32". They may then apply, providing a picture, fin- carry a weapon while in a motor vehicle they own or con-
gerprints, other documentation and typically, a $140 fee trol, or to carry while heading directly from the person’s
($70 for renewals) to the DPS, which processes the appli- home to that car. However, lawful carry while in a ve-
cation, runs a federal background check, and if all is well, hicle requires these three critical qualifiers: (1) the gun
issues the permit. Permits are valid for five years, and al- must be concealed; (2) the carrier cannot be involved in
low resident holders to carry in 29 other states (nonres- criminal activities; and (3) the carrier cannot be a mem-
idents may carry in all but 3 of those), due to reciproci- ber of a criminal gang.[293][294]
ty agreements.[290] CHL fees vary from $0 for active duty
37
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No No None Must be 18+ to purchase a long gun from a dealer or private seller, 21+ to
to Purchase? purchase handgun.
Firearm reg- No No None
istration?
"Assault No No None
weapon"
law?
Owner li- No No None
cense re-
quired?
Carry per- No Yes GC Ch. Concealed carry of a handgun requires a "shall-issue" permit. Open carry
mits issued? 411 of a handgun is prohibited with some exceptions (hunting, on one’s own
Subch H, property). Open carry of a long gun is not specifically prohibited as PC
PC 46.15 46.02 (unlawful carry of weapons) only mentions handguns, however it
may be construed as "Disorderly Conduct".
State Yes Yes LGC FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations re-
Preemption §229.001. lating to the transfer, private ownership, keeping, transportation, licens-
of local re- ing, or registration of firearms, ammunition, or firearm supplies.
strictions?
NFA No No PC State law prohibits ownership outside of NFA compliance, calling posses-
weapons re- 46.01(9), sion while in compliance "a defense to prosecution."
stricted? PC 46.05
Peaceable Yes Yes PC 46.02, A person may carry a concealed, loaded handgun without a permit while
Journey PC 46.15 in or heading directly to a car they own or control.
laws?
Castle Doc- Yes Yes PC 9.32 A person is presumed justified in using deadly force to protect themselves
trine? against an unlawful, forceful intrusion into their dwelling. There is no du-
ty to retreat from any place where the shooter has a legal right to be.
Possession of automatic firearms, short-barreled cealed. Utah will honor a permit issued by any state or
shotguns or rifles, or silencers is permitted, if the county.
weapons have been federally registered in accordance Utah law allows for a "Non-Resident" Concealed
with the National Firearms Act.[288] Firearm Permits to be issued. The Utah Concealed
Firearm Permit is valid in thirty-four states across the
Utah US. However there are several states that have passed
statutes that do not honor a "Non-Resident" permit. For
Main article: Gun laws in Utah example, Colorado will honor Utah’s permit, but the per-
Utah allows for open carry of unloaded firearms without a mitee must be a resident of Utah for his permit to be
concealed firearm permit. "Unloaded" as it applies here, valid. Utah concealed firearm permits are "shall issue"
means that there is no round in the firing position, and and will be issued to anyone meeting the requirements.
the firearm is at least two "mechanical actions" from fir- Utah law recognizes a permit to carry a concealed
ing. As carrying the firearm with the chamber empty, but firearm issued by any state or county
with a full magazine, meets this definition (the handler (76-10-523(2)(b)).[295]
must chamber a round, and then pull the trigger), this is Utah is a "Stand Your Ground" state, in which there is
a common work around for Utah residents who do not no duty to retreat before use of deadly force, the person
wish to acquire a permit. Without the permit, the firearm reasonably believes that a perpetrator is going to commit
must be clearly visible. Utah requires a permit to carry a forcible felony in the habitation, and that the force is
a concealed firearm. With a permit, a person may carry necessary to prevent the commission of the felony.[296]
a firearm with a loaded chamber either openly or con- In Utah a person may carry firearms in many places
not allowed by other states, including (but not limited
38
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
State Permit No No None Utah charges a $7.50 fee for an instant background check. This fee is
to Purchase? waived for persons with a Utah issued Concealed Firearm Permit.
Firearm reg- No No None
istration?
"Assault No No None
weapon"
law?
Owner li- No No None
cense re-
quired?
Carry per- Yes Yes 53-5-704 firearm.
Division duties—Permit to carry concealed firearm
mits issued? The division or its designated agent shall issue a permit to carry a con-
cealed 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 Yes Yes 53-5-102 Uniform firearm lawslaws.
Preemption "... All authority to regulate firearms is reserved to the state except
of local re- where the Legislature specifically delegates responsibility to local au-
strictions? thorities or state entities. Unless specifically authorized by the Legisla-
ture 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 No No 76-10-505.5 The only mention of NFA weapons in Utah law is possession of a sawed-
weapons re- off shotgun on school premises. The penalty is the same as a normal
stricted? firearm, and there is no exemption for concealed firearm permit hold-
ers.
Peaceable Yes Yes 76-10-523 Persons exempt from weapons lawslaws.
Journey (g) a nonresident traveling in or through the state, provided that any
laws? 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 Doc- Yes Yes 76-2-402 defined.
Force in defense of person—Forcible felony defined
trine? 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 neces-
sary to defend himself or a third person against such other’s imminent
use of unlawful force. However, that person is justified in using force in-
tended 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 immi-
nent use of unlawful force, or to prevent the commission of a forcible
felony.
to): banks, bars, and state parks. With a valid Utah con- the only state in the Union that requires public schools to
cealed firearm permit you may also carry in schools (K-12 allow lawful firearms possession.[297]
and public colleges). Utah’s Uniform Firearm Laws ex- Utah weapon laws can be found at the Utah State Leg-
pressly prohibits public schools from enacting or enforc- islature home page.
ing any rule pertaining to firearms. Accordingly, Utah is
39
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Subject/Law Long Handguns Relevant Notes
guns Statutes
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 No – *May carry open or concealed without
permit
State Preemption of local restric- Yes Yes – –
tions?
NFA weapons restricted? No No –
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, registra-
tion or licensing of firearms.[298] The Constitution of Virginia protects the right of the peo-
The term "Vermont Carry" is widely used by gun ple to keep and bear arms from government infringe-
rights advocates to refer to allowing citizens to carry a ment.[309] The Commonwealth of Virginia preempts local
firearm concealed or openly without any sort of permit regulation of several aspects of firearms, though some
requirement, however this term is being replaced by the local regulation is explicitly permitted. Virginia passed
term "Constitutional Carry". Vermont law does not dis- the Uniform Machine Gun Act, which was drafted by the
tinguish between residents and non-residents of the National Conference of Commissioners on Uniform State
state; both have the same right to carry while in Ver- Laws.[310][311] The only firearms in Virginia that are pro-
mont. hibited are the Armsel Striker, also known as the Striker
The Vermont Constitution of 1775, dating well before 12, similar shotguns, and any "plastic firearms." Firearms
the Bill of Rights to a time when Vermont was an in- that contain at least 3.7 ounces of electromagnetically
dependent republic, guarantees certain freedoms and detectable metal in the barrel, slide, cylinder, frame or
rights to the citizens: "That the people have a right to receiver, and when subjected to x-ray machines, gener-
bear arms for the defence of themselves and the State – ate an image that accurately depicts its shape, do not
and as standing armies in time of peace are dangerous to fall under the prohibition.[312] For example, Glock pistols
liberty, they ought not to be kept up; and that the mil- which have polymer frames and metal slides and barrels
itary should be kept under strict subordination to and are legal. There are no magazine capacity limitations, ex-
governed by the civil power."[299] cept that a concealed handgun permit is required in or-
der to carry magazines with more than 20 rounds in some
urban, public areas.[300][301]
Virginia Prohibited places include courthouses, air carrier ter-
Virginia[9][300][301]
300] 301] minals, schools, Capitol and General Assembly buildings
(open carrying only, members of the General Assembly
and those with a valid CHP are permitted in the Capitol
General Assembly buildings), and churches, though some
exceptions apply, including a 2011 Attorney General
opinion that personal protection constitutes good and
sufficient reason to carry at a church.[313] George Mason
University, Virginia Commonwealth University, Depart-
ment of Game and Inland Fisheries, and the Department
of Conservation and Recreation also have regulations re-
stricting or prohibiting firearms. The Department of
Forestry repealed its prohibition on the possession of
firearms in designated recreation areas. The Department
40
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
of Forestry’s regulations no longer prohibit the lawful rulings have found, however, that the right is not ab-
carrying of firearms and ammunition. The new regula- solute and is subject to reasonable regulation by the state
tion took effect July 7, 2011.[303][305][306][314] There are under its police power.[316] Washington preempts local-
age restrictions on the possession of firearms and some ities from regulating firearms in any manner except as
people are prohibited from possessing firearms due to explicitly authorized by the State legislature. Authorized
certain criminal convictions. Licensed dealers must have local firearm regulations include:
the Virginia State Police conduct a background check pri- • "Restricting the discharge of firearms in any portion
or to completing the sale of certain firearms. Persons of their respective jurisdictions where there is a
who are not in the business of selling firearms, but make reasonable likelihood that humans, domestic
occasional, private sales, are not required to perform a animals, or property will be jeopardized. Such laws
background check before selling their firearms. A person and ordinances shall not abridge the right of the
may not purchase more than one handgun per 30 day pe- individual guaranteed by Article I, section 24 of the
riod, though some exceptions apply; most significantly, state Constitution to bear arms in defense of self or
holders of valid Concealed Handgun Permits (CHP) from others."
Virginia are exempt from this restriction.[300][301] • "Restricting the possession of firearms in any
Open carry of a handgun without a permit is legal in stadium or convention center, operated by a city,
Virginia at age 18, withstanding other applicable laws. town, county, except that such restrictions shall not
Concealed carry of a handgun is prohibited except for apply to concealed pistol license holders, law
persons who hold a valid CHP, comply with certain re- enforcement officers, or any showing,
strictions, or who hold certain positions. Virginia shall demonstration, or lecture involving the exhibition of
issue a CHP to applicants over 21 years of age, provided firearms."
that they meet certain safety training requirements and • "Restricting the areas in their respective
do not have any disqualifying criminal convictions. Con- jurisdictions in which firearms may be sold."
suming an alcoholic beverage in ABC on-premise licensed Suppressors may be possessed and used in accordance
restaurants and clubs, while carrying a concealed hand- with federal law, use of a suppressor otherwise is a mis-
gun, is prohibited; nor may any person carry a concealed demeanor.[318] There are age restrictions on the posses-
handgun in a public place while under the influence of sion of firearms and some people are prohibited from
alcohol or illegal drugs. Those laws pertaining to alcohol possessing firearms due to certain criminal convictions
do not apply to openly carried handguns, however pos- or who are released on bond or their own recognizance
session of a firearm can compound the penalty for var- pending trial for certain criminal charges. Machine guns,
ious other offenses, including illegal drug posses- short-barreled rifles, short-barreled shotguns, and any
sion.[300][301][315] parts thereof are prohibited.
There is a rather long list of places where the posses-
Washington sion or storage of firearms or ammunition is prohibited
or otherwise restricted. Statutory law prohibits firearms
Washington[9][316][317]
316] 317] in places such as areas of buildings used for court pro-
ceedings, certain areas of public mental health facilities,
establishments which serve alcohol and are off-limits to
persons under 21 years of age, restricted-access areas
of commercial airports, State correctional facilities, and
outdoor music festivals. Administrative law prohibits or
otherwise restricts the possession or storage of firearms
in places such as the State Capitol grounds, certain
schools, premises of the Office of Administrative Hearin-
gs, child care centers, horse races, near certain explosive
materials, and certain shelters for respite or youths. See
the Washington ’infobox’ or one of this section’s refer-
enced documents for the complete list as well as where
exceptions apply for those who hold concealed pistol li-
censes.
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 li-
The Constitution of Washington protects an individual’s cense. The county sheriff or city police chief shall issue
right to bear arms. Several Washington Supreme Court a concealed pistol license to any applicant, age 21 or old-
41
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
er, who meets certain requirements, including no felony or any employee or agent authorized to possess a hand-
convictions, no misdemeanor domestic violence convic- gun by the licensee, owner, or manager of the premises"),
tions, and no outstanding warrants.[319][320] Open carry- state parks, and 1000’ from the edge of school property
ing of firearms is not prohibited by law although trouble unless on private property)."[337] Some jurisdictions have
with some law enforcement agencies has been encoun- tried to prosecute open-carry by equating the open car-
tered while open carrying in the past, most notably in a ry of handguns with disorderly conduct. On April 20, 2009
case in Ellensburg, Washington.[321] the Wisconsin attorney general’s office released a mem-
Concealed Weapon Reciprocity orandum to all law enforcement agencies stating that
Washington concealed pistol licenses will be recog- mere open carry of a firearm was not disorderly conduct,
nized in the following states, and concealed weapons li- and instructed both law enforcement and the district at-
censes issued in the listed states will be recognized in torneys to cease this practice.
Washington State, so long as the handgun is carried in Wisconsin has a state pre-emption law that generally
accordance with Washington law: Arkansas, Florida, forbids cities from passing firearms ordinances more
Louisiana, Michigan, Mississippi, Missouri, North Caroli- strict than that of state law. Statute 66.0409.
na, North Dakota, Ohio, Oklahoma & Utah.[322]
Washington State law also carves exemptions into Buying and selling
state law regarding Concealed Pistol Licenses. Perhaps There is a 48-hour waiting period on handgun purchases
the most interesting is RCW 9.41.060, section 8: "Any per- from an FFL dealer (does not apply to private sales):
son engaging in a lawful outdoor recreational activity Statute 175.35
such as hunting, fishing, camping, hiking, or horseback Rifles and shotguns can be purchased in a contiguous
riding, only if, considering all of the attendant circum- state as long as the purchase complies with Federal law
stances, including but not limited to whether the person and the laws of the contiguous state. Statute 175.30
has a valid hunting or fishing license, it is reasonable to
conclude that the person is participating in lawful out- Title II firearms
door activities or is traveling to or from a legitimate out-
Machine guns are legal if the firearm is registered with
door recreation area;".[323] This little known law essen-
the Bureau of Alcohol, Tobacco, Firearms & Explosives
tially allows vehicle and concealed carry WITHOUT a CPL
(ATF), state statute 941.27
as normally required in 9.41.050 as long as you meet the
Short-barrel rifles and shotguns are legal if they are
provisions of that section.
registered with ATF, state statute 941.28
Washington is a "Stand Your Ground" state, in which
Suppressors, or ’silencers’, are legal if they are regis-
there is no duty to retreat in the face of what would be
tered with ATF, statute 941.298
perceived by an ordinary person to be a threat to them-
selves or others by another person that is likely to cause
serious injury or death. It is a misdemeanor to aim a Wyoming
firearm "whether loaded or not, at or towards any human
Main article: Gun laws in Wyoming
being". Unless the person is acting in self-defense, they
According to the Office of the Attorney General of Wyom-
can be charged with "brandishing" and threating some-
ing, Wyoming state law (W.S. § 6-8-104) provides for the
one with a deadly weapon.[324]
issuance of concealed firearm permits. As a "shall issue"
Effective July 22, 2011, use of a noise suppressor is
state, the local sheriff’s office is required to issue a per-
misdemeanor punishable under chapter 9A.20 RCW., un-
mit upon request, unless there is a valid reason to deny
less the suppressor is legally registered and possessed in
(such as violent felony conviction). A Wyoming permit is
accordance with federal law.[325]
valid for 5 years.
Wyoming also recognizes concealed firearms permits
West Virginia from states with similar licensing requirments (subject to
frequent review and revision), which currently includes:
Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Ida-
Wisconsin ho, Indiana, Kentucky, Louisiana, Michigan, Mississippi,
Main article: Gun laws in Wisconsin Montana, New Hampshire, New Mexico, Ohio, Oklahoma,
Wisconsin became a shall-issue jurisdiction effective Pennsylvania, South Carolina, South Dakota, Tennessee,
November 1, 2011, with the signing of the Wisconsin Per- Texas, and Utah.[338] Many of these states reciprocate
sonal Protection Act by Governor Scott Walker on July 8, and accept a Wyoming permit as valid, however this is
2011.[336] Open carry is legal except where prohibited by a frequently changing and often unspecified distinction.
law (vehicles, government buildings, schools, establish- Independent confirmation by directly contacting the at-
ments that sell liquor for consumption on the premises torney general of the state in question is recommended.
(unless "the licensee, owner, or manager of the premises,
42
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
Effective July 2011, Wyoming will be an unrestricted [10] "Act 2010-496" (PDF). http://arc-sos.state.al.us/
concealed carry state, following the example of Vermont, PAC/SOSACPDF.001/A0007988.PDF. Retrieved
Alaska and Arizona. Prior issued concealed carry permits November 23, 2011.
[11] ^ http://www.ago.alabama.gov/oldopinions/
will still act as valid – for example, to be used as recipro-
cal permits in certain states – until their natural expira- 8400205.pdf
tion. [12] "Alabama Concealed Carry Permit Information on".
Usacarry.com. http://www.usacarry.com/
See also alabama_concealed_carry_permit_information.html.
Retrieved November 23, 2011.
• Gun law in the United States [13] ^ Alabama Reciprocal Gun Law
• Concealed carry in the United States [14] ^ "Handgunlaw.us – Alabama" (PDF).
• Open carry in the United States http://handgunlaw.us/states/alabama.pdf.
Retrieved November 23, 2011.
Notes and references [15] "Handgunlaw.us – Alaska" (PDF).
http://handgunlaw.us/states/alaska.pdf. Retrieved
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[2] "New York Civil Rights – Article 2 – § 4 Right to Retrieved November 23, 2011.
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2010. http://law.onecle.com/new-york/civil- http://www.legis.state.ak.us/cgi-bin/folioisa.dll/
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concealed_carry_permit_reciprocity_maps.html. Preemption of Firearm Regulations".
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[34] ""What is an ’Assault Weapon’?"". Calgunlaws.com. [50] "Florida Statutes, Chapter 790.001(17): Weapons
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[36] Matthew Yi, Chronicle Sacramento Bureau (May 30, Statutes/
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constitution.htm. Retrieved November 23, 2011. [244] ^ "Editors: David Shephard Garland, James
[225] ^ Gun Licensing FAQ Cockcroft, Lucius Polk McGehee, Charles
[226] NYC Admin. Code § 10–131(g) Porterfield, The American and English
[227] OPINIONS OF THE STATE ATTORNEY GENERAL: Encyclopedia of Law, Volume 1, p. 915 – Affray".
"December 19, 1977 (informal No. 77- 00): Unloaded Google Books. June 13, 2010.
replica muzzle loading percussion pistols may be http://books.google.com/
sold, purchased and possessed without a license. books?id=LvkUAAAAYAAJ&lpg=PA915&ots=tk0PxLjiN5&dq=going
Simultaneous possession of these pistols and the Retrieved November 23, 2011.
necessary ammunition to discharge them requires [245] "State V. Robert S. Huntley". guncite.com.
a license. PL 265.00 (14) & (15)." http://www.guncite.com/court/state/
[228] NY Penal Code § 265.20(12) & (13). (2010) 25nc418.html. Retrieved November 23, 2011.
[229] Title 18 USC §926A [246] "Cooper (A.G.), Aldridge (D.A.G.), North Carolina
[230] 598 F.3d 128; 2010 U.S. App. LEXIS 5803 Firearms Laws, p. 23 – Going Armed To The Terror
[231] "North Carolina Firearms Laws", North Carolina Of The People" (PDF). http://www.ncsheriffs.org/
Department of Justice images/
[232] Gaston County Sheriff’s Office – Gun Permit 2007%20NC%20Firearms%20Laws%20Pub.pdf.
Application Procedures Retrieved November 23, 2011.
[233] Wake County Sheriff’s Office – Obtaining Handgun [247] "Firearms Laws for North Dakota on nraila.org"
Permits in Wake County (PDF). http://www.nraila.org/statelawpdfs/
[234] "Office of the Orange County Sheriff – Orange NDSL.pdf. Retrieved November 23, 2011.
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(PDF). http://www.co.orange.nc.us/sheriff/forms/ Weapons Permits". Ag.state.nd.us.
PISTOLAPP.pdf. Retrieved November 23, 2011. http://www.ag.state.nd.us/BCI/CW/CW.htm.
[235] Ian Worthington (November 23, 2010). "Durham Retrieved November 23, 2011.
County Government – Pistol Permit Instructions [249] North Dakota Concealed Weapons Permits manual
and Application Package". Durhamcountync.gov. [250] North Dakota Concealed Carry CCW Laws and
http://www.durhamcountync.gov/departments/ Information on carryconcealed.net
shrf/Operations/Records/Gun_Permits/ [251] "North Dakota Concealed Carry Permit Information
Gun_Permits.html. Retrieved November 23, 2011. on". Usacarry.com. http://www.usacarry.com/
50
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north_dakota_concealed_carry_permit_information.html. South Dakota Concealed Carry CCW Laws and
Retrieved November 23, 2011. Information on carryconcealed.net
[252] Bureau of Alcohol, Tobacco, and Firearms – State [282] South Dakota Concealed Carry Permit Information
Firearms Laws – North Dakota on USACarry.com
[253] "North Dakota State Law Summary on". Lcav.org. [283] "Governor Rounds Signs Bills into Law", South
November 14, 2011. http://www.lcav.org/states/ Dakota State News, March 13, 2009
northdakota.asp. Retrieved November 23, 2011. [284] South Dakota Secretary of State – Firearm Laws
[254] Ohio Attorney General – Concealed Carry [285] Firearms Laws for South Dakota on nraila.org
information [286] http://wapp.capitol.tn.gov/apps/BillInfo/
[255] Or. Const. Art. I, § 27. Default.aspx?BillNumber=SB3012
[256] ORS 166.291 [287] http://www.txdps.state.tx.us/administration/
[257] See ORS 166.360–180 crime_records/chl/signposting.htm
[258] See ORS 166.170–176 [288] ^ NRA/ILA Firearms Laws for Texas
[259] See 166.250(3) [289] Texas Concealed Handgun Laws
[260] See ORS 166.173 [290] TxDPS – CHL Agreements with other states
[261] OpenCarry.org [291] Texas Legislature Online – History of Senate Bill
[262] http://licenseinfo.oregon.gov/ 378
[292] Texas H.B. 1815
index.cfm?fuseaction=license_seng&link_item_id=14705
[263] ^ Legal Community Against Violence – [293] Texas Concealed Carry CCW Laws and Information
Pennsylvania Laws, Policies, and Statistics on carryconcealed.net
[264] ^ NRA-ILA – Synopsis of Pennsylvania Laws [294] Texas Concealed Carry Permit Information on
[265] ^ Pennsylvania Firearm Owners Association – USACarry.com
Firearm Registration [295] Utah Code; Title 76 Utah Criminal Code; Chapter 10
[266] LCAV. Registration of Firearms. In Regulating Guns Offenses Against Public Health, Safety, Welfare, and
in America: An Evaluation and Comparative Morals Section 523 Persons exempt from weapons
Analysis of Federal, State, and Selected Local Gun laws
Laws (2008). Retrieved July 8, 2011. [296] Utah Code; Title 76 Utah Criminal Code; Chapter 2
[267] ^ Pennsylvania Firearm Owners Association – Open Principles of Criminal Responsibility; Section 405
Carry Force in defense of habitation
[268] ^ Bureau of Alcohol, Tobacco, Firearms, and [297] University of Utah v. Shurtleff
Explosives – State Laws and Published Ordinances – [298] NRA/ILA Firearms Laws for Vermont
Firearms, p.392 [299] Constitution of the State of Vermont, on the
[269] Pennsylvania Attorney General, Firearm Vermont Legislature web site
Reciprocity Agreements [300] ^ Legal Community Against Violence – Virginia
[270] http://www.rilin.state.ri.us/Statutes/TITLE11/ Laws, Policies, and Statistics
11-47/11-47-35.HTM [301] ^ NRA-ILA – Synopsis of Virginia Laws
[271] http://www.rilin.state.ri.us/Statutes/TITLE11/ [302] Virginia State Police – Machine Gun Registration
11-47/11-47-41.HTM [303] ^ Virginia State Parks, FAQ
[272] http://www.rilin.state.ri.us/Statutes/TITLE11/ [304] Attorney General’s Opinion on State Park Carry
11-47/11-47-18.HTM [305] ^ Virginia Department of Game and Inland
[273] http://www.rilin.state.ri.us/Statutes/TITLE11/ Fisheries – Hunting Regulations
11-47/11-47-58.HTM [306] ^ Virginia Department of Forestry – Handgun
[274] ^ http://www.rilin.state.ri.us/Statutes/TITLE11/ Amendment Information
11-47/11-47-8.HTM [307] Virginia State Police Letter Confirming Legality of
[275] http://www.rilin.state.ri.us/Statutes/TITLE11/ Open Carry
11-47/11-47-20.HTM [308] Virginia State Police – Firearms Reciprocity/
[276] South Carolina Concealed Carry CCW Laws and Recognition
Information on carryconcealed.net [309] Article I, Section 13. Militia; standing armies;
[277] South Carolina Concealed Carry Permit military subordinate to civil power.
Information on USACarry.com [310] Second Amendment Foundation – Firearm
[278] State v. Dickey and S.C.’s "stand your ground" law Regulation, by John Brabner-Smith
[279] South Dakota Attorney General – South Dakota [311] University of Pennsylvania Law Review, Note, 98
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[280] South Dakota Secretary of State – Concealed Pistol [312] Code of Virginia § 18.2–308.5.
Permits [313] AG Opinion 11-043
[314] Virginia State Police – Where Unlawful to Carry
51
From Wikipedia, the free encyclopedia Gun laws in the United States (by state)
[315] http://leg1.state.va.us/cgi-bin/ [331] ^ West Virginia Citizens Defense League –
legp504.exe?000+cod+18.2-308 Charleston City Council Presentation
[316] ^ Legal Community Against Violence – Washington [332] ^ West Virginia Citizens Defense League –
Laws, Policies, and Statistics Martinsburg City Council Presentation
[317] NRA-ILA – Synopsis of Washington Laws [333] ^ West Virginia Citizens Defense League – Places
[318] Washington RCW 9.41.250(1c) Off Limits While Carrying
[319] Revised Code of Washington, Chapter 9.41, [334] Porterfield, Mannix (2008-04-10). "Manchin signs
Firearms and dangerous weapons ’Castle Doctrine’ bill". The Register-Herald.
[320] Washington State Department of Licensing – http://www.register-herald.com/local/
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05-1-00161-4, posted on Blogspot.com Information
[322] Washington State Office of the Attorney General – [336] Byrne, Kristin (July 8, 2011). "Governor Signs
Concealed Weapon Reciprocity Concealed-Carry Bill into Law", WBAY-TV
[323] Washington State Legislature – RCW 9.41.060, [337] Wisconsin State Statutes and Case Law on
"Exceptions to restrictions on carrying firearms" opencarry.org
[324] Washington State Legislature – RCW 9.41.230, [338] Wyoming Attorney General – Concealed Firearm
"Aiming or discharging firearms, dangerous Permits
weapons"
[325] Session Law 1016 (RCW 9.41.250)
[326] ^ Legal Community Against Violence – West
External links
Virginia Laws, Policies, and Statistics • U.S. Bureau of Alcohol, Tobacco, Firearms &
[327] ^ NRA-ILA – Synopsis of West Virginia Laws Explosives – State Laws and Published Ordinances –
[328] West Virginia Constitution – Article III, §3–22. Firearms
Right to keep and bear arms. • National Rifle Association – State Firearms Laws
[329] §8-12-5a. Limitations upon municipalities’ power to • Transporting Firearms Within The USA
restrict the purchase, possession, transfer, • Legal Community Against Violence – State & Local
ownership, carrying, transport, sale and storage of Laws
certain weapons and ammunition. • USA Carry – Concealed Firearm Information and
[330] ^ West Virginia Citizens Defense League – Proposed Resources
Legislation – 2. Strengthen the state preemption • CarryConcealed.net – Concealed carry laws and maps
law • OpenCarry.org – Open carry laws and maps
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