Gun laws in the United States (State by State) - From Wikipedia

Gun laws in the United States vary from state to state and are independent of, though sometimes broader or more limited in scope than, existing federal firearms laws. Some U.S. states have also created so-called assault weapon bans that are independent of, though often similar to, the expired federal assault weapons ban. The state level bans vary significantly in their form, content, and level of restriction. Forty-four states have a provision in their state constitutions similar to the Second Amendment of the Bill of Rights. The exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York; however, the statutory civil rights laws of New York contain a provision virtually identical to the Second Amendment.[1][2] As well, the Supreme Court of the United States has held that the Second Amendment applies to all state governments and their political subdivisions.[3]

Firearm license-holders are subject to the firearm laws of the state they are in, not the state in which the permit was issued. Reciprocity between states exists for certain licenses, such as concealed carry permits. These are recognized on a state-by-state basis. For example, Arizona recognizes a Nevada permit, but Nevada does not recognize an Arizona permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out of state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun.[4]

When planning a trip it can be very confusing to match the concealed carry weapon permit to the state laws. John Thune of South Dakota introduced a national reciprocity bill, but it has never been able to advance out of Senate committees. Checking with each state's legal page is important. There are travel tools that may help shorten the search time.[5]

In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal law[6][7].

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

Contents

Alabama

Alaska

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

Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry"), in which no license is required to carry a handgun either openly or concealed. However, permits are still issued to residents for purposes such as reciprocity with other states[15] and exemption from the Federal Gun Free School Zone Act.[16] The term "Alaska Carry" has been used to describe laws which require no license to carry handguns openly or concealed but licenses are still available for those who want them. Some city ordinances do not permit concealed carry without a concealed carry license, but these have been invalidated by the recent state preemption statute.[17]

Arizona

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None no
Firearm registration? Partial Partial ARS 13-3101 State law duplicates the registration requirements of the National Firearms Act. No registration of non-NFA weapons.
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No No ARS 13-3112 Concealed carry over the age of 21 no longer requires a permit as of July 29, 2010. Although not required, a concealed carry permit may still be obtained and has certain advantages.
State Preemption of local restrictions? Partial Partial ARS 13-3108 Explained below.
NFA weapons restricted? Partial Partial ARS 13-3101 It is a violation of state law to possess NFA weapons except as permitted by federal law.
Peaceable Journey laws? No No None Federal rules observed.

Arizona gun laws are found mostly in Title 13, Chapter 31 of the Arizona Revised Statutes.[18] There is no registration or licensing of non-NFA firearms in Arizona. In fact, Section 13-3108 subsection B prohibits any political subdivision of the state from enacting any laws requiring licensing or registration.[19] According to state law, a person must be 18 years of age to purchase any non-NFA firearm from any source; however, there is a federal age limit of 21 years on handgun purchases from federal firearms licensees.

Arizona is classified as a "shall issue" state. Concealed carry permits are issued by the Concealed Weapons Permit Unit of the Arizona Department of Public Safety. Requirements for issuance include taking a training class (provided by a licensed third party) or hunter education class, submitting a finger print card, and paying a $60 fee. Applicants must be at least 21 years of age. New permits are valid for five years. Permits issued before August 12, 2005 are valid for four years.[20] Renewing a permit requires only an application and finger print card. However, effective December 31, 2007 the finger print card requirement for renewal is scheduled to end.[21] Arizona recognizes almost all valid out-of-state carry permits, with few exceptions.[22]

On April 16, 2010, governor Jan Brewer signed into law a bill that legalizes the carrying of concealed firearms and other weapons in most places without a permit for adults over 21 years of age. Arizona will still issue concealed carry permits for purposes of reciprocity for carrying concealed weapons in other states and permits will still be required for carrying in certain sensitive areas within Arizona such as in bars or on school grounds. Open carry without a permit will still be legal in most places for 18-20 year-olds, and for emancipated juveniles. This law will take effect July 29, 2010. Arizona is only the third state in modern U.S. history (after Vermont and Alaska) to allow the carrying of concealed weapons without a permit, and it is the first state with a large urban population to do so.[23]

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

  • Juveniles within a private residence.
  • Emancipated juveniles.
  • Juveniles accompanied by a parent, grandparent or guardian, or a certified hunter safety instructor or certified firearms safety instructor acting with the consent of the juvenile's parent or guardian.
  • Juveniles on private property owned or leased by the juvenile or the juvenile's parent, grandparent, or guardian.
  • Juveniles fourteen years of age and up engaged in any of the following activities:
    • Lawful hunting or shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
    • Lawful transportation of an unloaded firearm for lawful hunting.
    • Lawful transportation of an unloaded firearm between the hours of 5:00 a.m. and 10:00 p.m. for shooting events or marksmanship practice at established ranges or other areas where the discharge of a firearm is not prohibited.
    • Activities that require a firearm related to the production of crops, livestock, poultry, livestock products, poultry products, or ratites or in the production or storage of agricultural commodities.[24]

The law regarding the carrying of firearms in motor vehicles by non-permit holders is complex and has been further muddled by court decisions. However, it is clear that no permit is required to carry a firearm in a vehicle if the firearm is in plain view or locked in a trunk or other place not immediately accessible. "Plain view" means that the firearm would be discernible from the ordinary observation of a person located outside and within the immediate vicinity of the vehicle. After the new Alaska-style carry law goes into effect, these restrictions will apply only to those under the age of 21.

The Arizona legislature has largely preempted political subdivisions (counties, cities) from passing their own firearms laws. Political subdivisions may regulate the carrying of weapons by juveniles or by their own employees or contractors when such employees or contractors are acting within the course and scope of their employment or contract. They may also prohibit the carrying of firearms by non-permit holders in public establishments and events and in parks of less than one square mile in area. Any such place where a political subdivision has prohibited carry by non-permit holders must be clearly posted. Public establishments and events where carry by non-permit holders is prohibited must provide secure storage for weapons on-site, which must be readily accessible upon entry and allow for immediate retrieval upon exit.[25]

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

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

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

While discharging a firearm using blanks within the limits of a municipality is not expressly prohibited by law, it could still result in a disorderly conduct charge pursuant to ARS 13-2904.[26]

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

  • Hydroelectric or nuclear power generating stations. However, this does not apply to:
  • A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties.
  • A member of the military forces of the United States or of any state of the United States in the performance of official duties.
  • A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections.
  • A person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
  • Polling places on election day. However, this does not apply to:
  • A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties.
  • A member of the military forces of the United States or of any state of the United States in the performance of official duties.
  • A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections.
  • A person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
  • Secured areas of airports. However, this does not apply to:
  • General aviation areas not included in the security identification display area or sterile area as defined in the airport security program approved by the transportation security administration.
  • The lawful transportation of deadly weapons in accordance with state and federal law.
  • A peace officer or a federally sworn officer while in the actual performance of the officer's duties.
  • A member of the military forces of the United States or of any state of the United States in the actual performance of the member's official duties.
  • An individual who is authorized by a federal agency in the actual performance of the individual's official duties.
  • Inside a jail or on the grounds thereof.
  • School grounds. However, this does not apply to:
  • College/University Campuses, provided that if any agent of the college (campus police, specific building security, faculty, or any other employee) makes a request for you to disarm or leave the campus due to campus policy OR if there are signs posted forbidding firearms on campus, you promptly comply. Failure to do so will result in trespassing which is then punishable by law.
  • Firearms possessed for the purposes of preparing for, conducting or participating in hunter or firearm safety courses.
  • Firearms for use on the school grounds in a program approved by the school.
  • Unloaded firearms carried inside a means of transportation and under the control of an adult, provided that if the adult leaves the means of transportation, it is locked and the firearms are not visible from the outside.
  • A peace officer or any person summoned by any peace officer to assist and while actually assisting in the performance of official duties.
  • A member of the military forces of the United States or of any state of the United States in the performance of official duties.
  • A warden, deputy warden, community correctional officer, detention officer, special investigator or correctional officer of the state department of corrections or the department of juvenile corrections.
  • A person specifically licensed, authorized or permitted pursuant to an Arizona or federal statute.
  • Establishments which are licensed to sell alcohol for consumption on the premises. However, this does not apply to:
  • The licensee or an employee of the licensee acting with the permission of the licensee to be in possession of a firearm while on the licensed premises.
  • A person who is on the premises for a limited time to seek emergency aid, if such person does not buy, receive, consume, or possess alcohol while there.
  • Hotel or motel guest room accommodations.
  • The exhibition or display of a firearm in conjunction with a meeting, show, class or similar event.
  • A person with a concealed carry permit who carries a concealed handgun, provided that there is no notice posted forbidding such.
  • Peace officers or members of a sheriff's volunteer posse while on duty who have received firearms training that is approved by the Arizona peace officer standards and training board.
  • Game refuges. However, this does not apply to:
  • Firearms possessed under seal or by written consent of the game commission.
  • Persons traversing refuges or over roads therein carrying unloaded devices.
  • Landowners, lessees, permittees, their employees, or licensed trappers carrying arms while performing lawful duties.
  • Officers of the law in performance of official duties.
  • Any private property or private establishment where the owner or lessee has posted signage forbidding the carrying of weapons. However, this does not apply to:
  • Officers of the law who are legally executing official duties
  • Lawfully possessed firearms that are in a locked and privately owned vehicle or in a locked compartment on a privately owned motorcycle and that are not visible from outside the vehicle or motorcycle.

In addition, political subdivisions have limited power to prohibit the carrying of firearms in certain areas as described above. Carrying a firearm at a jail or in a hydroelectric or nuclear power generating station is a felony. Carrying a firearm in any other prohibited area, absent any other concomitant criminal conduct, is a misdemeanor. Carrying a firearm on private property or in a private establishment where it has been forbidden by the owner or lessee is not is not expressly prohibited by law, but is held to constitute misdemeanor trespass. The restrictions pertaining to licensed liquor establishments do not apply to liquor stores or other stores that sell only closed containers of alcohol for consumption off the premises.[27][28][29][30][31]

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

  • Anyone who has been found to constitute a danger to himself or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order under ARS 36-540, and whose right to possess a firearm has not been restored pursuant to ARS 13-925. This statute places the burden on the prohibited possessor to present "clear and convincing" psychological or psychiatric supporting evidence that the prohibited possessor no longer suffers from the mental disorder that led to the finding that the person constituted a danger to himself or others or was persistently or acutely disabled or gravely disabled. ARS 13-925 contains no provision for immunity from civil liability for expert witnesses or treating medical professionals to either the prohibited possessor or to third parties for harm caused by negligence in rendering the expert opinion or testimony or evaluation regarding the patient's mental health status.
  • Anyone convicted of a felony, or who has been adjudicated delinquent for a felony, and whose State civil right to possess or carry a gun or firearm has not been restored.
  • Anyone who is, at the time of possession, serving a term of imprisonment in any correctional or detention facility.
  • Anyone who is, at the time of possession, serving a term of probation pursuant to a conviction for a domestic violence offense or a felony offense, parole, community supervision, work furlough, home arrest, or release on any other basis, or who is serving a term of probation or parole pursuant to an interstate compact.
  • Anyone who is an undocumented alien or a nonimmigrant alien, traveling with or without documentation for business or pleasure, or who is studying in Arizona and maintains a foreign residence, except for:
  • Nonimmigrant aliens who possess a valid hunting license or permit lawfully issued by a state in the United States.
  • Nonimmigrant aliens who enter the United States to participate in a competitive target shooting event or to display firearms at a sports or hunting trade show sponsored by a national, state, or local firearms trade organization devoted to competitive or sporting use of firearms.
  • Certain diplomats.
  • Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
  • Persons who have received a waiver from the United States attorney general.[32]

Arkansas

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

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

Arkansas is a "shall issue" state for the concealed carry of firearms.[33] Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license is suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed firearms may not be carried at a courthouse, meeting place of any government entity, athletic event, tavern, or in a number of other places.

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

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

California

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No §12070, §12071, §12082 All firearm sales (except long guns more than 50 years old) must be completed through a dealer. Handgun purchases require a Handgun Safety Certificate and proof of residency.
Firearm registration? No Yes None All handgun sales are recorded by the state. Longarm serial numbers are not recorded, only the sale. There is no requirement to register firearms with law enforcement. New residents must register handguns (purchased outside of California) with DOJ within 60 days.
"Assault weapon" law? Yes Yes §12280 , §12285 Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. They must be registered with the California Department of Justice prior to the servicemember's arrival in California.
Owner license required? No No None
Carry permits issued? N/A Yes §12050 May issue, depending on jurisdiction. Out-of-state permits not valid in California.
State Preemption of local restrictions? Yes Yes §53701 GC Most but not all local restrictions preempted.[34][35]
NFA weapons restricted? Yes Yes §12220, §12020 Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. AOW's (Any Other Weapons) permitted, except for "pen guns."
Peaceable Journey laws? No No None

California[36][37] is a "may issue" state for concealed carry. A license to carry a concealed firearm may be issued or denied to qualified applicants at the discretion of the county sheriff or municipal police chief in their place of residence.[38][39] In practice, the attitudes of different sheriffs and police chiefs toward the issuance of permits vary widely and, consequentially, different jurisdictions in California can vary anywhere from de facto shall-issue to de facto no-issue.[40] A permit may be issued, by a county Sheriff or city Chief or head of municipal police, in one of two formats:[41]

  1. A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
  2. Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in that county a pistol, revolver, or other firearm capable of being concealed upon the person.

California does not recognize any concealed carry permits issued by other states or their political subdivisions.[42]

Open carry of loaded firearms in public is generally prohibited except in unincorporated areas where the county has not made open carry illegal or where the discharge of firearms is not prohibited. Carrying of an unloaded, unconcealed firearm in plain sight is not prohibited except in areas otherwise prohibiting the carry of firearms under state or federal law, such as school zones, post offices, government buildings, state and national parks, "sterile" areas controlled by security screenings, etc.[43][44] A proposed bill, AB 1934, introduced by Democratic State Assembly member Lori Saldaña of San Diego's 76th district, would prohibit the carrying of unloaded handguns within incorporated cities and prohibited areas of unincorporated territory.[45]

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

Sales of firearms from one person to another (private party transfers) must be through a licensed firearms dealer using a Private Party Transfer form. The licensed dealer may charge a $10 fee, in addition to the $25 transfer fee that the state charges. Any number of firearms may be transferred at one time using this method. The dealer submits a Dealer's Record of Sale (DROS) form to the state, and the purchaser must wait 10 days before picking up the guns. Federally defined curio or relic long guns over 50 years old may be sold without going through a licensed dealer.[46]

Handgun purchases, except for private party transfers, are limited to one per 30 day period. To purchase a handgun, a buyer must have a Handgun Safety Certificate.[47] This is obtained by passing a written test, given by a Department of Justice certified instructor, on the safe and legal use of handguns. The certificate is valid for five years. A buyer must also perform a Safe Handling Demonstration when taking possession of a handgun. Some individuals are exempt from the Safety Certificate and Handling Demonstration requirements, including active and retired military and law enforcement personnel, hunter safety certificate holders, and concealed carry license holders.[48]

Dealers may not sell any handgun unless it is listed in the Department of Justice roster of handguns certified for sale. Listed handguns must include certain mechanical features and pass a set of laboratory tests. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement.[49]

It is illegal to sell a firearm that the state has defined as an "assault weapon", and which has been listed in the DOJ roster of prohibited firearms, which includes many military look-alike semi-automatic rifles and .50 caliber BMG rifles.[50] DOJ rostered firearms may be legally possessed if already registered with the state prior to January 2005. Military look-alike firearms that are not listed on the DOJ roster of prohibited firearms, known as "off list lowers", are legal to own and possess, as long as state laws concerning configuration are followed. It is illegal to import, sell, give, trade, or lend a magazine that holds more than 10 rounds of ammunition, except for fixed tubular magazines for lever-action rifles and .22 caliber rifles; however, the possession of such magazines is legal. It is illegal to possess an automatic firearm or a short-barreled shotgun or rifle without permission from the Department of Justice; such permission is generally not granted.[51]

On October 13, 2007, California enacted AB 1471. This controversial[52] law requires that, effective January 1, 2010, semi-automatic handguns be equipped with microstamping technology and be listed in the roster of handguns certified for sale. When such a pistol is fired, the microstamping mechanism will imprint each cartridge case with a microscopic array of characters that will uniquely identify the gun that fired it.[53][54] However, the text of this law has language which states that it will not be enforced if there is only one manufacturer which has the ability to equip this technology. As of this writing, only one such manufacturer exists, and there are no others on the horizon.

On October 11, 2009, California enacted AB 962, adding new requirements for the sale of ammunition. Effective July 2010, ammunition sales must take place in person, and dealers must keep records of ammunition sales for at least five years. Effective February 2011, buyers of ammunition must provide a thumbprint and state identification.[55]

Colorado

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None
Firearm registration? No No None
"Assault weapon" law? No No None
Owner license required? No No None
Concealed Carry permits issued? Yes Yes CRS 18-12
Open carry without a permit? Yes* Yes* CRS 18-12 Technically legal in most areas unless local laws exist (City of Denver), in which case signs must be posted. May be interpreted as disturbing the peace by law enforcement.
Concealed within a vehicle? Unloaded Only** Yes CRS 18-12, 33-6-125 **Loaded without a round chambered only.
State Preemption of local restrictions? Yes* Yes* CRS 18-12 *Open carry and open car carry of a loaded firearm is prohibited in city and county of Denver, otherwise, local ordinances are preempted by state law
NFA weapons restricted? No No None
Peaceable Journey laws? Yes Yes CRS 18-12-105.6 Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons travelling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 854
Castle Doctrine? Yes Yes A legal resident of a property has the right to defend himself, other occupants, and property using deadly force from intruders, whether they are armed or not.
"Make My Day" Law? Yes Yes A person may defend himself or others with deadly force if necessary.

Connecticut

Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No Yes CGS 29-36(f),
CGS 29-36(g)
Certificate of Eligibility for Pistol or Revolver required to purchase handguns. Applicants must complete an approved handgun safety course, and pass a NICS background check prior to issuance of certificate. Certificate of Eligibility valid for five years. There is a 14-day waiting period for the purchase of long guns, with exceptions for peace officers, Active-Duty military members, and holders of carry permits.[56][57]
Firearm registration? No* No* CGS 53-202 Registration required for assault weapons purchased before October 1, 1993. There is a de facto registry of handguns maintained by the Department of Public Safety as any handgun transfer, be it from a dealer or private 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 collected and maintained on all long guns purchased from FFL dealers as well, however is not required for the transfer of long guns between private parties.
"Assault weapon" law? Yes Yes CGS 53-202 Partial ban (selective fire weapons, some .50 BMG variants, an enumerated list of specific restricted features and certain brands of semi-automatic assault weapons and weapon "types".)

No restrictions on magazine capacity.[58]

Owner license required? No No
Carry permits issued? No Yes CGS 29-28 Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members.[59]
State Preemption of local restrictions? Yes Yes CGS 29-28
NFA weapons restricted? Partial Partial CGS 53-202(c) Selective fire assault weapons prohibited, unless purchased before October 1, 1993.
Peaceable Journey laws? No No CGS 29-38 Federal rules observed.

Connecticut is a Shall Issue state both in practice and by its Constitution ("Every citizen has a right to bear arms in defense of himself and the state." Article 1, Section 15), however state and local authorities have some of the broadest powers in the nation to deny, delay issuance of, or revoke a permit.

Permits in Connecticut are first issued by the town police department, which conducts the background checks and fingerprinting. Each town is different in its willingness to approve permits, and some towns create their own requirements that go well beyond the State requirements. Some towns will automatically issue a permit (as long as the individual does not meet any statutory criteria that would disqualify him or her from holding such a permit), while in other towns the issuance of permits is limited to politically-connected individuals. Meeting these town-specified requests (such as letters of reference, pictures, or an essay on why you want to have a permit to carry) does not have to be accomplished in order to get a permit. The town has 8 weeks to approve the permit. If it does not, the resident can appeal the ruling to the Connecticut Board of Firearms Permit Examiners, who must grant the permit unless there is a specific reason the individual should be denied. These include:

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

Connecticut Residents are issued a "permit to carry pistols and revolvers", which permits both open and concealed carry[60]. Although open carry is not restricted by state law, the Connecticut Board of Firearms Permit Examiners suggests that, "every effort should be made to ensure that no gun is exposed to view or carried in a manner that would tend to alarm people who see it."[61]

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

Connecticut has bans on defined 'assault weapons,' which includes selective-fire firearms (unless purchased before October 1, 1993), and a limited list of semiautomatic AR, AK, and SKS variants. However, it does not restrict magazine capacity.

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

Connecticut also has a provision in the statute that if a carry permit holder loses a firearm and does not report it, they may lose the permit.[62]

Delaware

Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
"Assault weapon" law? No No
Owner license required? No No
Carry permits issued? No Yes 11 Del.C. § 1441(j) Permit needed to carry concealed
State Preemption of local restrictions? Yes* Yes* Complete Preemption except any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted
NFA weapons restricted? Yes Yes Civilian ownership for research purposes only
Peaceable Journey laws? No No Federal rules observed.

District of Columbia

In Washington, D.C., all firearms must be registered with the police, by the terms of the Firearms Control Regulations Act of 1985.

The same law also prohibited the possession of handguns, even in private citizens' own homes, unless they were registered before 1976. However, the handgun ban was struck down by the U.S. Supreme Court in the 2008 case District of Columbia v. Heller. The Supreme Court ruled that the Second Amendment acknowledges and guarantees the right of the individual to possess and carry firearms, and therefore D.C.'s ban on handguns was unconstitutional.[63]

A lawsuit was filed on August 6, 2009, to compel the district to issue permits to carry weapons.[64]

Florida

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

Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents. Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-resident individual is a resident of the other state and is at least 21 years old.[65]

Vehicle carry without a permit is allowed either in a snapped holster in plain view, or when the firearm is concealed if the firearm is "securely encased". "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.[66] (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even if it is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed.

Open carry when on foot in a public area is generally not permitted, but is allowed in certain circumstances, as defined in Florida statute 790.25(3). For example, open carry is permitted while hunting, fishing, or camping, or while target shooting, or while going to or from such activities.[67] When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is also permitted.

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

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

  • in or around specially-marked buildings/grounds (notably, mental hospitals and any hospitals with provisions to treat mental illness, where concealed carry is a felony even with a permit (F.S. 394.458). F.S 394.458 does state concealed carry is prohibited "unless authorized by law". Since F.S. 790.06(12) does not prohibit concealed carry in hospitals that treat mental illness by permit holders, it can be inferred that concealed carry with a permit is allowed. Caution is advised since there currently is no case law. In other words, no case has been referred to a Grand Jury nor has any person been tried for violating the law. One Florida resident was arrested but the charges were subsequently dropped after their attorney successfully argued the permit holder was excepted. Be advised each county's prosecutor may have a different opinion.
  • any place of nuisance 790.25(2)b3 & 823.05
  • Sheriff's Office,
  • Police Station,
  • Jail,
  • Prison,
  • Courthouse,
  • Polling Place,
  • any Governmental Judicial meeting,
  • any school or college,
  • lounges,
  • bars,
  • airports,
  • professional athletic event, and
  • any federal buildings or property.

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

  1. It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.
  2. In any other place where a person "has a right to be," that person has "no duty to retreat" if attacked and may "meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony."
  3. In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.
  4. If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.

As of July 1, 2008, Florida became a "Take your gun to work" state (F.S. 790.251). A new statewide Florida law went into effect on this date prohibiting most businesses from firing any employee with a Concealed Weapon License for keeping a legal firearm locked in their vehicle in the company parking lot. The purpose of the new law is to allow CWL holders to exercise their Second Amendment rights during their commutes to and from work. Exceptions listed in F.S. 790.251(7) include school property, correctional institutions, property where a nuclear-powered electricity generation facility is located, property upon which substantial activities involving national defense, aerospace, or homeland security are conducted, property upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials, a motor vehicle owned/leased/rented by your employer, and any other property upon which possession of a firearm is prohibited pursuant to any federal law, contract with a federal government entity, or general law of Florida. Currently, a test case involving Walt Disney World Resort is going through the courts, involving a former Disney security guard who was fired, despite having a CWL, for having a firearm locked in his car on July 1, in violation of Disney's pre-existing and strict no weapons allowed policy. Disney claims that they are exempt from the new state law, on the basis of their having a fireworks license for conducting nightly fireworks shows at Disney World.[68][69]

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

Currently, Florida's Concealed Weapon License is one of the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty-three different states, while the non-resident Florida Concealed Weapon License is recognized in thirty states.[70]

Georgia

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

NOTE: On June 8, 2010, Senate Bill 308 was signed by Governor Sonny Perdue reforming and clarifying many of Georgia's Gun Laws.[71]

Georgia is a "shall issue" state, and issues firearms permits to residents through a county probate court. Georgia recognizes permits from any other state which recognizes Georgia's permit.

Any person who may legally own a firearm may carry a firearm in their home, place of business, and vehicle without a permit. Georgia does not differentiate between concealed and open carry except that long guns must be carried openly if they are loaded and you do not have a permit.

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

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

  • In a government building
  • In a courthouse
  • In a place of worship
  • In a state mental health facility
  • In a bar, unless the owner of the bar permits the carrying of weapons by license holders
  • On the premises of a nuclear power facility
  • Within 150 feet of any polling place
  • In any school building or on school grounds

As exceptions to the above list, a person may keep their firearm in a locked compartment of their vehicle at any of the above places except nuclear power facilities. Also, a person may approach security or management of any of the above places (except schools and nuclear power facilities) and ask them for directions on removing, securing, storing, or temporarily surrendering the weapon.[71]

As of July 1, 2006, Georgia became a "Castle Doctrine" state, and requires no duty to retreat before using deadly force in self defense, or defense of others.[72]

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

A Kennesaw, GA city ordinance requires that all homeowners own a firearm and ammunition (Sec 34-1a). No one has ever been charged with violating this ordinance. An amendment exempts those who conscientiously object to owning a firearm, convicted felons, those who cannot afford a firearm, and those with a mental or physical disability that would prevent them from owning a firearm.

Hawaii

Hawaii[73][74][85] is a "may issue" state for concealed carry. "In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property," a license to carry a pistol or revolver may be granted or denied at the discretion of the county police chief.[76] In practice however few if any concealed carry licenses are granted.[77] Hawaii does not recognize concealed carry permits issued by other states.[78][79]

Acquiring a firearm in Hawaii requires a permit to acquire, issued to qualified applicants by the county police chief. There is a 14 day waiting period for receiving a permit, which is then valid for 6 days. A separate permit is required for each handgun to be acquired, while a "long gun" permit can be used for any number of rifles or shotguns for a period of one year. In addition to passing a criminal background check, applicants must provide an affidavit of mental health, and agree to release their medical records. First time applicants must be fingerprinted by the FBI. When applying to acquire a handgun, a handgun safety training course affidavit or hunter's education card is also required.[80]

Firearms acquired within the state must be registered with the chief of police within 5 days. Firearms brought in from out of state, including those owned prior to moving to Hawaii, must be registered within 3 days of arrival. Registration of firearms brought in from out of state does not involve a waiting period, however a FBI fingerprint and background check will be conducted. Registration is not required for black powder firearms or firearms manufactured before 1899.[81]

Carrying a loaded firearm, concealed or not concealed, including in a vehicle, is a class A felony. Unloaded firearms that are secured in a gun case and are accompanied by a corresponding permit are allowed to be transported in a vehicle between the permitted owner's residence or business and: a place of repair; a target range; a licensed dealer's place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station.[82]

Automatic firearms, shotguns with barrels less than 18 inches long, and rifles with barrels less than 16 inches long are prohibited by state law. Also banned are handgun magazines that can hold more than 10 rounds of ammunition, and semi-automatic handguns with certain combinations of features that the state has defined as "assault pistols".[73]

Idaho

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 Permit needed to carry concealed, may carry openly in a vehicle or on foot .
State Preemption of local restrictions? Yes Yes
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.

Idaho is a "shall issue" state for concealed carry. The local county sheriff shall issue a concealed weapons permit to a qualified applicant within ninety days. Applicants must demonstrate familiarity with a firearm, generally by having taken an approved training course or by having received training in the military. A permit is valid for five years; permits issued before July 1, 2006 are valid for four years. Idaho recognizes valid concealed carry permits from any state. A concealed weapon may not be carried at a school or at a school sponsored activity, in a courthouse, in a prison or detention facility, or in certain other governmentally designated locations. It is unlawful to carry a concealed weapon while intoxicated.[83][84][85][86]

Open carry is legal in Idaho. A concealed weapons permit is not required for open carry, nor for long guns (concealed or not). The firearm being openly carried must be clearly visible. A firearm can also be transported in a vehicle, as long as it is in plain view, or is disassembled or unloaded.[84]

Idaho has state preemption of firearms laws, so local units of government can not regulate the ownership, possession, or transportation of firearms. The state constitution states that "No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony."[87][88]

The possession of automatic firearms is permitted, as long such possession is in compliance with all federal regulations.[87]

Illinois

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

To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the state police.[89] Generally a FOID card will be granted unless the applicant has been convicted of a felony or an act of domestic violence, is the subject of an order of protection, has been convicted of assault or battery or been a patient in a mental institution within the last five years, has been adjudicated as a mental defective, or is an illegal alien.[90] There are additional requirements for applicants under the .[91]

There is no state preemption of firearm laws. Some municipalities, most notably Chicago, require that all firearms be registered with the local police department.[92] Until June 2010 Chicago did not allow the registration of handguns, which had the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982. (see below)[93][94] The Chicago suburb of Oak Park had also banned handguns (see below) [95] and the town of Highland Park bars handgun possession unless the resident has obtained a permit from the police.[96] The status of these various handgun ordnances has been uncertain since June 26, 2008, when the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in the case of District of Columbia v. Heller.[97][98] In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette,[99] Morton Grove,[100] Evanston,[101] and Winnetka,[102] but Chicago and Oak Park have fought in court to keep their current laws.[103][104][105][106] On June 28, 2010 after reviewing Chicago's handgun ban in the case of McDonald v. Chicago,[107] the Supreme Court has deemed that both the handgun bans of Chicago and Oak Park to be unconstitutional. On July 12, 2010 a new Chicago city ordnance took effect that allows limited handgun possession after obtaining a permit from the police and passing a firearms training course and requiring handgun registration. This new ordnance is currently being challenged in court [108] On July 19, 2010 Oak Park amended its town ordnance to allow handgun possession in one's home and business therefore leaving no remaining town in Illinois to completely ban handguns .[109]

Cook County has banned assault weapons and magazines that can hold more than ten rounds of ammunition.[110] Other municipalities have also enacted various firearm restrictions.[111] Lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.

Illinois is one of two remaining states that have no provision for the concealed carry of firearms by citizens, the other state being Wisconsin. (In compliance with the federal Law Enforcement Officers Safety Act, retired police officers who qualify annually under state guidelines are allowed to carry concealed.)[112] Open carry is also illegal, except when in unincorporated areas where carrying is not prohibited by county law, a fixed place of business with owner's permission, or in one's abode. When a firearm is being transported, it must be unloaded and enclosed in a case.[113]

When purchasing a handgun in Illinois there is a 72-hour waiting period after the sale before the buyer can take possession; the waiting period for a long gun is 24 hours.[113]

Indiana

Indiana[114] has enacted state preemption of firearm laws. However, local laws passed before January 1, 1994[115] or for certain narrowly defined emergency situations are valid. East Chicago and Gary have local laws that still apply. Governing units may restrict firearms possession on public property. Additionally, private businesses may also restrict (or forbid) firearms on their properties. However a 2010 law prohibits employers from discharging employees for in-vehicle firearms possession on business property. South Bend gun laws are not valid in the state of Indiana as they were passed on February 21, 1994 [116] and therefore were passed after the state preemption.

Indiana is a "shall issue" state for the License To Carry a Handgun.[117] The Indiana license to carry allows both open and concealed carry. Most Indiana residents confuse the license to carry a handgun with a CCW. A license to carry will be issued to individuals age 18 or older who meet a number of legal requirements. Grounds for disqualification include a conviction for a felony or for misdemeanor domestic battery. A license can also be denied if the applicant has been arrested for a violent crime and "a court has found probable cause to believe that the person committed the offense charged". Documented substance abuse is a disqualifier, as is documented evidence of any given person's "propensity for violent or emotionally unstable conduct."

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

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

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

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

Short barreled shotguns (barrels under 18", OAL less than 26" length), are absolutely prohibited. It appears that all other NFA (National Firearms Act, q.v.) regulated weapons and devices are legal in Indiana.

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

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

Indiana provides lawsuit protection to law abiding manufacturers, sellers, and trade associations for the misuse of firearms by third parties. Lawsuits are permitted for cases of damage or injury caused by defective firearms or ammunition, or breach of contract or warranty.[118]

Iowa

Iowa[119] is a "may issue" state for concealed carry. A Permit to Carry Weapons may be issued or denied to qualified residents at the discretion of the county sheriff, or to non-residents at the discretion of the Commissioner of the Iowa Department of Public Safety. Applicants must successfully complete an approved training course and demonstrate proficiency with a handgun. Iowa does not recognize concealed carry permits issued by other states.[120][121][122]

On April 29, 2010 Iowa governor Chet Culver Signed SF 2379, Therefore Effective January 1, 2011 Iowa will become a "Shall issue" state for a permit to carry weapons [123]

A Permit to Acquire Pistols or Revolvers is required when purchasing a handgun from a dealer or private party, and is obtained from the county sheriff. A Permit to Acquire shall be issued to qualified applicants aged 21 or older. It becomes valid three days after the date of application, and is valid for one year. A permit is not required when purchasing an antique handgun, which is defined as a matchlock, flintlock, or percussion cap pistol manufactured before 1898, or a replica of such a pistol.[124]

Iowa has enacted state preemption of firearms laws, so local units of government may not restrict the ownership, possession, or transfer of firearms, or require their registration.[125]

Under Iowa law, private citizens may not possess automatic firearms, short-barreled rifles, or short-barreled shotguns.[119]

Kansas

Despite having relatively nonrestrictive firearms laws, Kansas remained one of the few states with no provision for the concealed carry of firearms until March 2006, when the state legislature passed Senate Bill 418, "The Personal and Family Protection Act." This bill made Kansas the 47th state to permit concealed carry in some form and the 36th state with a "shall issue" policy.[126] The bill was passed 30-10 in the state senate and 91-33 in the state house of representatives, gaining enough votes to override a veto from Governor Kathleen Sebelius, who had previously vetoed several other attempts to legalize concealed carry. Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.

On April 21, 2008, Governor Kathleen Sebelius signed a bill allowing the sale and possession of NFA weapons. The law took effect on July 1, 2008.[127][128]

Kentucky

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

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

  • An applicant must have been a resident of Kentucky for at least 6 months before filing his or her application. A member of the U.S. military who has been stationed in Kentucky for at least 6 months at the time of filing is also eligible, regardless of his or her domicile.
  • Applicants cannot be in arrears on child support obligations in an amount that would equal or exceed that accumulated in one year of nonpayment.
  • The required firearms safety course can be no longer than 8 hours, and also includes a mandatory marksmanship test, in which the applicant must hit a full-sized silhouette target from 7 yards with at least 11 out of 20 rounds fired. (The distance is not stated in the statute, but is set forth in the administrative regulations governing the course.[129])

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

Suppressors are legally transferable in Kentucky.

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

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

Note that this applies only to a glove compartment—not to a center console or other compartment in the vehicle. A bill is currently pending in the Kentucky General Assembly that would make motor vehicle carry without a permit legal in any manufacturer-installed enclosed compartment.[130]

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

Prohibited places

KRS § 237.110, which governs the issue of permits, also lists places where concealed carry is prohibited. Per § 237.110 (16), concealed carry is prohibited in:

(a) Any police station or sheriff's office;
(b) Any detention facility, prison, or jail;
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
(d) Any meeting of the governing body of a county, municipality, or special district; or any meeting of the General Assembly or a committee of the General Assembly, except that nothing in this section shall preclude a member of the body, holding a concealed deadly weapon license, from carrying a concealed deadly weapon at a meeting of the body of which he or she is a member;
(e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;
(f) Any elementary or secondary school facility without the consent of school authorities as provided in KRS 527.070, any child-caring facility as defined in KRS 199.011, any day-care center as defined in KRS 199.894, or any certified family child-care home as defined in KRS 199.8982, except however, any owner of a certified child-care home may carry a concealed firearm into the owner's residence used as a certified child-care home;
(g) An area of an airport to which access is controlled by the inspection of persons and property; or
(h) Any place where the carrying of firearms is prohibited by federal law.

Note that the prohibition against carrying concealed in an establishment that serves alcohol only applies to the "portion of the establishment [is] primarily devoted to that purpose." This means that concealed carry is allowed in restaurants that serve alcohol, with only the bar section (if present) off-limits to permit holders. This assumes that the owner has not posted the establishment to prohibit carry.

With respect to the prohibition of weapons on school property, KRS § 527.070 (3)(a) states that adults may have weapons in their vehicles as long as they do not remove the weapons from the vehicle or brandish them while on school property.

KRS § 237.110 (17) authorizes private businesses to prohibit concealed carry on their premises. Although, only once asked to leave the premises may the gun owner be duly cited for trespassing or disturbing the peace. However, "facilities renting or leasing housing" are specifically prohibited from restricting concealed carry. Private employers can prohibit their employees or permit holders from having weapons concealed in employer-owned vehicles, but cannot prohibit concealed weapons in individually owned vehicles. Public employers (i.e., state and local governments) cannot prohibit the carry of weapons by employees or permit holders in any vehicle, with the exception of the Justice and Public Safety Cabinet, which can prohibit employees from carrying any non-duty weapon in a vehicle while they are transporting persons under the employees' jurisdiction or supervision.

Louisiana

Louisiana is a "shall issue" state for concealed carry. The Louisiana Department of Public Safety and Corrections shall issue a concealed handgun permit to qualified applicants, after performing an NICS background check and giving the local police 10 days to provide additional information about the applicant. An applicant must demonstrate handgun proficiency by taking a training course from an approved instructor, or by having been trained while serving in the military. Concealed carry is not permitted in any portion of the permitted area of an establishment that has been granted a permit to sell alcoholic beverages for consumption on the premises, or in any place of worship, government meeting place, courthouse, police station, polling place, parade, or in certain other locations.[131][132][133]

Louisiana has state preemption of firearms laws, except for local laws passed before July 15, 1985. Government bodies other than the state may not sue firearms manufacturers, dealers, or trade associations for damages that are the result of lawful activities. Automatic firearms, short-barreled shotguns and rifles, and silencers may not be possessed or transferred without permission of the Department of Public Safety, and must be registered with the Department.[134]

Maine

Maine[135][136] is a "shall issue" state for concealed carry. The issuing authority is the local government or local police, or the state police. A permit to carry a concealed firearm shall be issued within 30 days to a qualified applicant who has been a Maine resident for at least five years, or within 60 days to a nonresident or a resident for less than five years. The permit is valid for four years. A permit to carry a concealed firearm is required when transporting a loaded firearm, either concealed or plainly visible, in a vehicle. A permit is not required for open carry.[137][138][139][140]

Maine does not currently honor concealed carry permits from other states. In 2007, the state enacted L.D. 148, directing the Department of Public Safety and the Attorney General to review other states' concealed weapon reciprocity agreements and actively seek reciprocity where appropriate.[141]

Maine has state preemption of firearms laws. No political subdivision of the state may adopt any law regulating firearms or ammunition, except for regulating the discharge of firearms.[142]

A municipality may not sue a firearm or ammunition manufacturer for damages relating to the lawful design, manufacture, marketing or sale of firearms or ammunition. A municipality may bring legal action for breach of contract or warranty.[143]

Maryland



Massachusetts

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

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

There are five different types of Firearm licenses issued in the state:

RFID: The Restricted Firearm Identification License (FID), only allows carrying of mace or pepper spray.

Fire arms ID (FID): Only allowed long rifles and mace/pepper spray.

Class B: Only allows the purchase of long rifles and hand guns with a capacity of no more than 10 rounds, does not allow the holder to carry a fire arm concealed, when transporting fire arms it must be locked and inaccessible as well as separate from ammunition.

Class A: This license allows purchase any fire arm legal in the state of Mass, are authorized to own fire arms holding greater than 10 rounds, and can carry a loaded concealed fire arm unless restrictions are place on the license by Chief of Police of the issuing town, if the Class A is restricted to Hunting and Sport or Target and Hunting, it carries the same restrictions as a Class B, with the exception of owning large capacity.

The definition of the restrictions on a Class A is on a town by town basis and is set by the Chief of Police of the issuing town, there is no uniform state definition with regards to the restrictions placed on a Class A, they are different on a town to town basis.

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

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

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

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

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

FIDs are "Shall issue", except if the applicant fails a background check. While Massachusetts' firearms laws are some of the strictest, they are not applicable to travelers who comply with the Firearm Owners Protection Act's traveler's exemption.[151][152] State law requires all firearms to be stored in a locked container, or with a trigger lock. If in a vehicle, firearm must be carried in the trunk of the vehicle in a locked container, unless the licensee has a Class A unrestricted license, in which case the firearm must be under his direct control. Any firearms that are found to be unsecured may be confiscated by law enforcement officers and license may be revoked. In the event a license is revoked for any reason, law enforcement will confiscate all weapons and store for 1 year before destroying them unless the revoked licensee transfers ownership to a properly licensed party who then claims the firearms..

Michigan

The State of Michigan has numerous laws concerning the ownership and the carrying of firearms. Generally, federal, state, and local law enforcement agencies, and agents thereof acting in an official capacity, are exempt from Michigan's firearms regulations. The Constitution of the State of Michigan of 1963[153] Article 1, Section 6 reads:

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

A complete listing of Michigan's firearms laws can be found in the publication "Firearms Laws of Michigan."[154]

"Firearm" defined

The word "firearm", except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB's not exceeding .177 calibre by means of spring, gas or air.[155]

Michigan's Attorney General has ruled that the definition of "firearm" includes a Taser. However, under Michigan law, private citizens may not purchase or use Tasers.[156]

Purchasing firearms in Michigan

In Michigan, a person "shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol," as prescribed in MCL 28.422. A purchase license is required to purchase a pistol, unless the purchaser has a concealed pistol license.[157] A person must be at least 21 to purchase a pistol from a federal dealer under both federal and Michigan law (but only has to be 18 if buying the pistol or handgun from a private seller).

No purchase license is required to purchase a long gun (a firearm that is more than 30 inches long) in Michigan. According to state law, a long gun may be purchased by anyone aged 18 or over who is not subject to restrictions based on criminal history, mental health history, or other disqualifying factor. A person must be at least 18 years old to purchase a long gun from a federal dealer or a private seller under both federal and Michigan law.

Only Michigan residents may purchase pistols (meaning firearms that are 30 inches or less in length) in Michigan. Only Michigan residents and residents of contiguous states may purchase long guns in Michigan (and Michigan residents may only purchase long guns in Michigan or in a contiguous state).[158] An individual must apply to their local police or sheriff's department for a purchase license before obtaining a pistol. The police authority will check the applicant's criminal history and for disqualifying factors such as whether the person has been ordered to undergo involuntary mental health treatment or is subject to a restraining order for domestic violence. In addition, an applicant must answer gun related questions on a Basic Pistol Safety Questionnaire, with at least 70% correct, and swear before a notary public that he or she meets the statutory requirements to own a pistol.

A purchase license is required even if the person acquired the pistol by way of an inheritance or gift. Federally-licensed firearm dealers are not exempt from this section of the law and must also get a license any time they purchase or acquire a pistol from an individual or another gun dealer. There is an exemption only for dealers purchasing pistols directly from the manufacturer or wholesaler.

A License to Purchase a Pistol is valid for 10 days.[159] The buyer and seller must both sign the license and may each keep one copy for his or her records. An individual must return to the local police department within 10 days of purchasing the pistol to return the remaining two copies of the license. Effective January 7, 2009, the requirement that a newly-acquired pistol be brought back to the local police department for a safety inspection was eliminated.[160] Some agencies require all unused license-to-purchase forms to be returned to them for record-keeping purposes.

Pawn shops, second hand dealers, and junk shops are not allowed to sell pistols in Michigan.[161]

Concealed carry in Michigan

Michigan's concealed carry law is "shall issue," meaning that anyone 21 or older may obtain a license to carry a concealed pistol, whether they have a good reason to carry one or not, so long as the person is not prohibited from owning a firearm, has not been found guilty or been accused of certain felonies or misdemeanors within a certain time period, and has completed state-approved firearms training. Concealed Pistol License (CPL) holders are not required to obtain a license to purchase a pistol; however, they must fulfill the registration requirement (a sales record of the pistol acquisition). Under Michigan law, carrying a concealed pistol under a CPL constitutes implied permission for chemical testing for illegal drugs or alcohol; and it is strictly forbidden for someone with a concealed pistol license to carry a pistol while on drugs or alcohol.

Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises: schools or school property, public or private day care center, public or private child caring agency, or public or private child placing agency, sports arena or stadium, a tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises, any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official allows concealed weapons, an entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more, a hospital, a dormitory or classroom of a community college, college, or university, and casinos. "Premises" does not include the parking areas of the places listed above, excluding casino parking. Persons should not carry a firearm on any college or university property without making sure it is lawful. On almost every college campus, guns are strictly forbidden under college or university ordinances or policies.

A pistol is subject to immediate seizure if the CPL permit holder is carrying a concealed pistol in a "pistol-free" area. Open carry with a CPL in most "pistol- free" areas is arguably legal, except in courts, federal buildings, casinos, and many university buildings, where any form of carry may be illegal. Please refer to Michigan AG opinion No. 7097. No court decision has said that open carrying by a CPL holder in a "pistol-free" area is allowed.

An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) while in possession of a concealed pistol shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.[162]

On March 29, 2001, per Administrative Order 2001-1 of the Michigan Supreme Court: "Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."[163]

Although some gun owners claim that open carry is legal in Michigan, no statute or court decision authorizes openly carried firearms in Michigan. It is illegal to "brandish" a firearm in Michigan which includes waving it menacingly or displaying it ostentatiously. It is also illegal to disturb the peace. Carrying a pistol in a motor vehicle, concealed or in plain sight, is a felony without a concealed pistol license.[164]

There are many places where open carry is expressly prohibited by federal or state law. Discharging a firearm remains illegal in many cities and charter townships (and such an ordinance is NOT preempted by state law).[165] In addition, there are laws regulating how and firearms may be transported in motor vehicles that must be followed.

No one is allowed to bring a firearm, concealed or openly, onto the property of a correctional facility, under a law prohibiting weapons that could help prisoners escape from being brought on to prison property.[166] If someone who is carrying openly puts a coat on over his firearm or otherwise hides it, even temporarily, and he or she does not have a concealed pistol license, he or she has committed the felony crime of carrying a concealed weapon without a license. The Michigan Attorney General has released an opinion stating that open carry is NOT considered reasonable suspicion of a crime,[167] but there are no Michigan court decisions definitively ruling on this point. In addition, the Michigan Attorney General has released an opinion that a reserve police officer who carries a visible, holstered pistol is neither brandishing it nor disturbing the peace.[168] Michigan formerly did not allow ownership of NFA firearms, though the Attorney General has issued an opinion that allows machine guns to be legally transferable to Michigan residents who comply with federal laws. Suppressors (silencers), however, are still illegal and non-transferable in Michigan. Short-barreled shotguns and rifles are illegal in Michigan, as is armor-piercing ammunition.

Michigan prohibits the possession of Tasers or stun guns by private citizens, including concealed pistol licensees.

Minnesota

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

Permit to purchase required to transfer handguns through FFL's and for "military-style assault weapons.", Permit to carry doubles as Permit to Purchase.

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

Misc Information

  • The county sheriff must either issue or deny a permit within 30 days of the application date.
  • New and renewal permits are valid for five (5) years from the date of issuance. Emergency permits are valid for 30 days.
  • Landlords may not restrict the lawful carry or possession of firearms by tenants or their guests.
  • Private establishments can ban any firearms and must post a notice banning guns on their premises or personally notify patrons that guns are not allowed.

Restrictions

  • Must be at least 21 years of age
  • Must complete an application form
  • Must not be prohibited from possessing a firearm under Minnesota Statute 624.714 (Criminal background & mental health history check)
  • Must not be listed in the criminal gang investigation system
  • Must be a resident of the county from which you are requesting a permit, if you reside in Minnesota. Non-residents may apply to any Minnesota county sheriff.
  • Must provide certificate of completed authorized firearms training. Training by a certified instructor and completed within one year of an original or renewal application. (624.714, Subd. 2a)

Places Prohibited

  • School property
  • A childcare center while children are present
  • Public colleges and universities – may have policy restricting the carrying of weapons on their premises by employees and students while on campus
  • Private establishments that have posted a sign banning guns on their premises
  • Private establishments who have personally informed the permit holder that guns are prohibited and demands compliance
  • Places of employment, public or private, if employer restricts the carry or possession of firearms by is employees
  • State correctional facilities or state hospitals and grounds (MN Statute 243.55)
  • Any jail, lockup or correctional facility (MN Statute 641.165)
  • Courthouse complexes, unless the sheriff is notified (MN Statute 609.66)
  • Offices and courtrooms of the Minnesota Supreme Court and Court of Appeals
  • Any state building unless the commissioner of public safety is notified (MN Statute 609.66)
  • In a field while hunting big game by archery, except when hunting bear (MN Statute 97B.211)
  • In federal court facilities or other federal facilities (Title 18 U.S.C.§ 930)

Minnesota Is a " shall issue " state for concealed carry.

Dps.State.mn.us

Minnesota State Statute 624.714

handgunlaw.us

leg.state.mn.us

Minnesota Handgun Law

Mississippi

Mississippi[169][170] is a "shall issue" state for concealed carry. The Mississippi Department of Public Safety shall issue a license to carry a concealed pistol or revolver to a qualified applicant within 120 days. The license is valid for four years. Concealed carry is not allowed in a school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95-3-1,[171] or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited". A license to carry a concealed pistol or revolver is required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle.[172][173][174]

Mississippi has state preemption of many but not all firearm laws. No county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters.[185]

Lawsuits against manufacturers, distributors, or dealers for damages resulting from the lawful design, manufacture, distribution or sale of firearms are reserved to the state. However, local governments may bring suit for breach of contract or warranty or for defects in materials or workmanship.[176]

Missouri

Peaceable journey and RV law

Missouri has a "peaceable journey" under Missouri Statutes 571.030 which law says it is legal to carry the weapon in a passenger compartment of a vehicle as long as (1) the concealable firearm is otherwise lawfully possessed, (2) the person is 21 or older, or (3) the person is in his dwelling unit (e.g. RV) or upon premises over which the person has possession/authority/control, or is traveling in a continuous journey peaceably through this state.

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

Open carry

Missouri does allow open carry of firearms for those age 18 or older. However, city, county, and municipalities are allowed to pass laws and ordinances restricting this. It is advisable to check local laws and ordinances before openly carrying a firearm within Missouri.

Concealed carry

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

Missouri Law Exempts the possession of antique firearms, as defined in 18 U.S.C. Section 921, from the provision that specifies a person commits the crime of unlawful possession of a firearm if he or she is a convicted felon possessing a firearm (Section 571.070).

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

Montana

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 Permits not required in many locations (see below )
State Preemption of local restrictions? Yes Yes M.C.A 45-8-351 Complete state preemption of firearms laws except localities may regulate the carrying of concealed or openly carried firearms to a public assembly, a publicly owned building, a park under its jurisdiction

or a school. localities may also regulate the possession of firearms by felons, minors, illegal aliens or the mentally ill .

NFA weapons restricted? No No Permitted as long such possession is in compliance with all federal regulations
Peaceable Journey laws? Yes Yes

Montana has some of the most permissive gun laws in the United States.[177] It is unique in having no state-level prohibited possessor statute, although the state preemption statute allows local governments to prohibit firearms possession among felons and mental incompetents.[178]

Montana is a "shall issue" state for concealed carry.[179][180] The county sheriff shall issue a concealed weapons permit to a qualified applicant within 60 days. Concealed carry is not allowed in government buildings, financial institutions, or any place where alcoholic beverages are served. Carrying a concealed weapon while intoxicated is prohibited. No weapons, concealed or otherwise, are allowed in school buildings. Montana recognizes concealed carry permits issued by most but not all other states. Concealed carry without a permit is generally allowed outside city, town, or logging camp limits. Under Montana law a permit is necessary only when the weapon is " wholly or partially covered by the clothing or wearing apparel " [181], therefore it is legal to carry and/or keep a firearm inside a vehicle without a permit ( as long as it is not concealed on the person ) it is also legal to carry a firearm in a backpack, purse or briefcase without a permit.[181] Open carry is also generally permitted.[182][183][184]

Montana has state preemption of most firearms laws. Local units of government may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer, ownership, possession, transportation, use, or unconcealed carrying of any weapon. However, local governments may restrict the firing of guns, or the carrying of firearms at public assemblies or in public buildings or parks.[185]

Montana has a number of restrictions on lawsuits against firearms manufacturers, dealers, or trade associations. Such lawsuits may be filed by the state, but not by local governments.[186][187]

Montana House Bill 246, the Montana Firearms Freedom Act, was signed into law by Governor Brian Schweitzer on April 15, 2009, and became effective October 1, 2009. This legislation declares that certain firearms and firearms accessories manufactured, sold, and kept within the state of Montana are exempt from federal firearms laws, since they can not be regulated as interstate commerce.[188][189]

Nebraska

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

Residents of the city of Omaha are required to register their handguns [190]

In Lincoln, municipal code section 9.36.100 prohibits the possession of a firearm by anyone who has been convicted of certain misdemeanors within the last ten years. These include stalking, violation of an order of protection, impersonating a police officer, and public indecency.[191] The Lancaster County Sheriff will not issue a Nebraska permit to purchase a handgun if the applicant is a Lincoln resident and is prohibited by this law from possessing firearms.[192]

Nevada

Nevada law does not require the registration of firearms. However, handgun owners in Clark County must register their concealable firearms at a law enforcement agency within an incorporated city of Clark County.[193]

Nevada is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed firearms permit to qualified applicants.[194] A person must take a class to receive the CCW concealed carry permit and must qualify by demonstrating use of the exact handgun that the person will carry if an automatic, and only a representative model for revolvers(all revolvers operate the same way).

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

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

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

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

The CCW permit costs $105, and is valid for 5 years for residents and 3 years for non-residents.[195][196]

New Hampshire

No license is required to openly carry a firearm while on foot, but carry of a loaded pistol or revolver in a motor vehicle, openly or concealed, does require a license. Note that the NH license is issued for carry of a "pistol or revolver," and is not a license to carry "weapons" as exists in some other states. The NH license is issued by the local police dept at a cost of $10 for residents, and by the NH State Police at a cost of $100 for non-residents (changed from $20 on July 1, 2009). The term of issue of the license is four years for non-residents, and at least four years for residents.[197] Turn around time is generally 1 – 2 weeks, with 14 days being the maximum time allowed by law.[198]

New Jersey

In New Jersey, firearm owners are required to get a lifetime Firearm Purchaser card for the purchase of rifles, shotguns or handguns. To purchase a handgun, a separate permit is needed from the local police department for each handgun to be purchased and expires after 90 days. These, like the initial Firearms Identification card, require in-depth application questioning, multiple references and background checks via the State Bureau of Identification and New Jersey State Police. NJ law states that Firearms Identification approval and/or handgun purchase permit(s) must be issued within 30 days; however, this rule is frequently ignored and permits and/or ID cards often take several months to be issued. If need be, you will be able to appeal the decision if denied. Capacities of semiautomatic handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds or less. N.J. Rev. Stat § 2C:39-1y. New Jersey bans the possession and use of hollowpoint ammunition except when inside one's home or on one's property, or during specific lawful activities such as while hunting or at a shooting range [199] New Jersey has its own ban on various semi-automatic firearms as well.[200] Police are bound by the Assault Weapons Ban (AWB) in NJ and cannot own those firearms unless they are signed off by the Chief as used in an official capacity. They are exempt from the magazine limits when used in a duty/off duty firearm and approved by the department.

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

Starting January 1, 2010, New Jersey limited handgun purchases to one per 30 day period.[201]

New Mexico

New Mexico laws governing the possession and use of firearms[202][203] include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".[204]

New Mexico has state preemption of firearms laws, so local governments may not restrict the possession or use of firearms. In 1986, Article 2, Section 6 of the state constitution was amended to say, "No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."[205]

New Mexico is a "shall issue" state for the concealed carry of handguns, and permits the open carry of loaded firearms.[206] An applicant for a concealed carry permit must be a resident of New Mexico and at least 21 years of age. Each permit specifies the category and caliber of handgun that may be carried, but is also valid for a smaller caliber. The applicant must complete a state approved training course that includes at least 15 hours of classroom and firing range time, and must pass a shooting proficiency test for that category and caliber of handgun. A permit is valid for four years, but license holders must pass the shooting proficiency test every two years.[207]

New Mexico recognizes concealed carry permits issued by 20 other states: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky, Michigan, Minnesota, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and Wyoming.[207]

Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, school, or restaurant that serves hard alcohol. Carry is allowed in restaurants that serve beer and/or wine however.[208] However, carrying of a licensed concealed weapon into a store that sells alcohol for off site consumption (i.e. Grocery store, gas station, liquor store) is legal (note that "open carry" is expressly disallowed in this case[209]).

New Mexico has an "extended domain" law, which means that a person's vehicle is considered an extension of their home. It is therefore legal to carry a loaded firearm without a permit, openly or concealed, anywhere in a vehicle.[210][211] On foot, no permit is required to carry a firearm unless it is both loaded and concealed.

Concealed carry of an unloaded firearm is legal without a permit in New Mexico, however the same restrictions that apply to openly carried firearms apply.

New York

Introduction

Except for the prohibition of some military features on long-guns, the laws in New York State pertaining to the purchase, possession and carrying (for sporting purposes) of rifles and shotguns are similar to most of the relatively 'pro-gun' states of the nation.

However, New York is one of the the strictest states in the nation with regards to the purchase, possession and carrying of handguns.

New York is a 'May-Issue" state, in that the individual licensing official has wide latitude and discretion in the issuance of Pistol Licenses, and additionally, has the option of placing a variety of restricitons on the manner and purpose for which the handgun can be carried.

This discretion given to local authorities creates a state-wide patchwork of local handgun licensing policies. This diversity creates a climate in which some New York State residents are required to abide by restrictions similar to the strictest anti-gun states in the nation, while others enjoy a lack of restrictions similar to the most pro-gun states in the nation.

Bear in mind that even if some New York State residents are the beneficiaries of pro-gun local policies (such as 'unrestricted carry' licenses), they still must obtain a New York State Pistol License, apply for a purchase document for each handgun purchased, and possess only those handguns that are specifically registered to them.

Of all the states that do issue carry pistol licenses, New York State, has, arguably, the strictest handgun licensing policies in the nation. New York City, which is effectively a 'Non-Issue' jurisdiciton for carry pistol licenses, has even stricter laws, even for handguns exclusively kept at home.

Overview of Handgun Licensing

The purchase of a handgun in New York State is limited to only those individuals who:

1) Hold a valid Pistol License issued by a county or major city within New York State.

2) Present to the seller a purchase document, issued by the licensing authority, with the specific make, model, caliber and serial number of the handgun indicated on the doucment.

The possession of a handgun in New York State is limited only to those individuals who:

1) Hold a valid Pistol License.

2) Are in possession of a registered handgun (one that appears on the license, indicating the specific make, model, caliber and serial number of the handgun).

The carry of a handgun in New York State is limited only to those individuals who:

1) Hold a valid Pistol License.

2) Possess a registered handgun.

2) Are carrying said handgun in compliance with the restrictions as they appear on the license, and other applicable state and federal law.

New York State pistol licenses are not issued to out-of-state or part-time residents. No licensing reciprocity agreements with other states exist. There are no provisions for an out-of-state handgun owner (other than on- or off-duty law enforcement, on-duty military or non-resident business owners with a NYS Pistol License) to carry a handgun within New York State. Some states will recognize N.Y.'s handgun license. A pistol license is required to physically examine a handgun for purchase at a gun store or gun show.

Application

Application for a handgun license is through the individual's county or major city of primary residence, usually the police/sheriff's department, or a separate licensing authority (i.e. "The County Pistol Clerk").

After initial approval on the county level, the application is then passed on to the New York State Police for further approval.

As part of the application process, the applicant will be required to ask friends or associates to act as personal references. These individuals may be required to fill out forms, varying in length by county, attesting to the applicant's 'good character.'

Pistol licenses can take from less than four months to more than six months for approval, even though N.Y. law allows the licensing authorities no more than six months to process a license.

Types of Licenses/Restrictions

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

Pistol licenses are generally of two types: carry or premises-only (premises-only is the most common license issued in New York City and is supposed to be "shall-issue."[212]) issued under N.Y. Penal Law 400.

Restrictions can be placed on either of the above types of licenses; for example, many jurisdictions allow handgun license holders to carry handguns only while hunting (i.e. sportsman's license) and/or traveling to and from the range (i.e. target license).

These restrictions, however, are administrative in nature; carrying a licensed, registered handgun outside of the restrictions indicated on a pistol license should result in administrative (suspension, revocation) penalties only.

New York City

Residents of New York City who wish to obtain a pistol license must apply through the NYPD License Bureau at One Police Plaza in lower Manhattan. The choice of licenses are: Unrestricted Concealed Carry License (for personal self defense, generally considered off-limits to an average citizen), Restricted Business Carry License, Restricted Target License and Restricted Premises-only License.

NYC Untrestricted Concealed Carry Licenses are valid throughout the rest of the state. They are generally reserved for retired police officers, the very wealthy and celebrities. Security Guards and business people who regularly carry valuables may be issued a Restricted Business Carry License which is valid only while conducting the business specifically as it was described, in great detail, on the application for the license.

NYC target or premises-only licenses are the licenses issued to average citizens who cannot show a need for self defense greater than any another average citizen. They are clearly marked: RESTRICTED - NOT FOR CARRY and require the licensee to obtain special permission from the NYPD License Bureau to leave the city with the handgun.

Most licenses issued in New York City are for on-premises possession only, for self-defense within the home or business. Transporting the handgun (via a locked-box) to and from a target range must be done according to a strictly limited schedule pre-approved by the NYPD Licensing Bureau.

NYC target licenses allow carrying to and from the range within a "locked-box" at any time at the discretion of the licensee, but prohibit the possession of the licensed handgun in a loaded condition within the home, thereby prohibiting use for self-defense within the home or business.

Applicants for, and holders of, a NYC target license must be members of an NYPD License Bureau-approved target range within NYC at the time of application for the license.

Traveling through New York City with a license issued from another jurisdiction within New York State must be done carefully (locked box, in vehicle's trunk, no unnecessary stops).

Regional/Cultural Differences Throughout the State

Restrictions on New York State handgun licenses vary greatly from jurisdiction to jurisdiction.

In contrast to "no carry" New York City, and some counties which only issue "to and from target shooting and hunting" licenses, many upstate New York counties issue unrestricted Pistol Licenses that allow unrestricted concealed carry of a loaded handgun (except for important exceptions such as schools, court houses/rooms, secure areas of airports).

An unrestricted carry license is the only New York State carry Pistol License that allows armed self-defense as a primary reason for carrying a handgun.

Some of the most rural upstate counties (such as Delaware County) specifically do not enforce the vague "concealed" language in New York State's licensing law, effectively allowing open carry of a licensed handgun.

Paradoxically, except for visiting New York City (which does not recognized any other county or city's license), the restrictions (or lack thereof) as they appear on the license stay with the license as the individual travels from county to county within the state. For example, the holder of a Delaware County pistol license (unrestricted carry) can carry his concealed handgun into a restaurant in Suffolk County, while his Suffolk County friend cannot.

This dichotomy in New York State handgun license policies (upstate rural/downstate urban) is an outgrowth of three specific cultural forces:

1) The strength of home rule in New York State,

2) The prevalence of conservative political forces upstate,

3) The 'gun culture' during the various hunting seasons in the rural counties.

Not all of the most pro-gun counties of New York are particularly far from New York City either; many tourists getting away from New York City for a weekend trip to the country have been quite surprised at the prevalence of openly carried firearms of all types, only several hours from home.

Rifles and Shotguns, Antique Handguns

Rifles and shotguns do not have to be registered in any jurisdiction within New York State except for New York City, which requires registration and has additional restrictions such as they can not take a detachable magazine.

Laws pertaining to the handling of rifles and shotguns are in sharp contrast to those of handguns. For example, licensed carry of a handgun on one's person allows the handgun to be fully loaded, including within an automobile, while visiting a place of business or while crossing a public road while hunting. A rifle or shotgun cannot be kept loaded in any of the above circumstances except for a self defense emergency.

A target-range official would not normally take exception to a target shooter driving to the range and entering the parking lot carrying a licensed, loaded, holstered handgun; doing so with a loaded rifle or shotgun would cause quite a stir.

Antiques and replicaa handguns must be registered to be legally loaded and fired.[213]

Non-Resident Travel through N.Y.

Traveling through New York State while possessing any handgun, for any purpose, without a New York State pistol license, is legally risky. New York State law does include a very limited exception for passing through the state for target competition purposes, but the language is exceptionally strict.

(N.Y. Penal law, 265.20 Exemptions, Section 12 allows travel "by a person who is a member or coach of an accredited college or university target pistol team" ... and Section 13 allows travel "while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within 48 hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within 48 hours of such event.")

Federal Protections

New York State is of particular concern to interstate motorists who travel with firearms, because New York separates all of New England from the bulk of the United States. This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with firearms are protected by federal law, however they must have their firearms unloaded and locked in a hard case where they are not readily accessible (e.g. in the trunk of a vehicle) and can never be in possession of a high capacity feeding device made post-ban.

Federal law 18 USC 926A entitles a person to transport a firearm; however, people have been arrested for having an unregistered handgun when flying out of N.Y. airports. In 2005, Gregg C. Revell was traveling through Newark Airport, but because of a missed flight, he was given his luggage, which included a properly checked firearm, and he was forced to spend the night in New Jersey. When he returned to the airport the following day and checked his handgun, he was arrested for illegal possession. Mr. Revell lost his lawsuit after The U.S. Court of Appeals for the Third Circuit held in Gregg C. Revell v. Port Authority of New York and New Jersey,[214] held that "Section 926A does not apply to Revell because his firearm and ammunition were readily accessible to him during his stay in New Jersey." This opinion will apply to N.Y. airports. If you miss a flight or for any other reason your flight is interrupted and the airline tries to return you luggage that includes a checked firearm, you can not take possession of the firearm if you are taking a later flight.

Miscellaneous Laws

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

Gun Shows: New York State requires that anyone buying a gun at a gun show must have a background check done.

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

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

Cross Registration of Handguns: Some counties limit who can register a handgun on their license, with some allowing cross registration of a handgun from any other licensee, to licensed family members only, to no handgun can be cross registered. N.Y. law does not address this issue. Sharing use of a handgun not listed on your license is only allowed at a certified range with the licensed handgun owner present. (See NY PL 265.20 7-a)

Examples of Local Laws: New York City, for example, limits the color of all guns and bans any BB Guns, paint ball guns and pellet guns. Yonkers requires a handgun license before you ask for a license to own a BB/Pellet handgun.

Renewal Fees: Periodic renewal fees, even on restricted carry licenses like NYC's $340 for a 3-year license, are highly prohibitive as well. Nassau, Suffolk, Westchester and several other suburban counties are slightly less prohibitive, allowing a highly restricted "to and from the range only" form of concealed carry.

Periodic Renewal if Licenses: Most counties in N.Y. issue "lifetime" licenses: PL400.00 - 10. License: expiration, certification and renewal. Elsewhere than in the City of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver, ..., shall be in force and effect until revoked as herein provided. Renewable licenses vary in cost and last from the 3-year New York City's license to five years in the other counties, with New York City's license costing $340 every three years.

Licenses issued in most of the state are lifetime licenses, but New York City, Westchester, Nassau and Suffolk counties have renewable licenses.

North Carolina

To acquire a handgun in North Carolina (including private sales, gifts, and inheritance) an individual must go to the county sheriff's office in the county in which they reside and obtain a pistol purchase permit. This is not required if one has a CHP (Concealed Handgun Permit) permit.[215] State law requires the applicant to appear in person with government ID, pay a $5 fee, undergo a background check similar in scope and scrutiny to NICS, and have a reason for owning a pistol (hunting, target shooting, self defense, or collecting). Because there are 100 different counties in North Carolina, there are different sets of rules and requirements for obtaining such a permit, which can be determined arbitrarily by the local sheriff. Some sheriffs impose other restrictions such as a limit on the number of permits applied for at a time, waiting periods, and/or proof of good moral character (a witness or references, in some cases notarized with affidavits).[216][217][218][219][220] The Pistol Purchase requirements are a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from easily obtaining handguns.[221]

Durham County requires the registration of handguns. In accordance to North Carolina Law, no other county or local government may require handgun registration.[221]

North Carolina is a "shall issue" state for the concealed carry of handguns. Application for a concealed handgun permit is made through the local county sheriff's office. Applicants must complete a state approved training course given by a state certified trainer. Instructors for these classes must be certified by the North Carolina Department of Justice. The Concealed Carry Handgun Safety Class is regulated to be a minimum of eight (8) hours long and must include a written test on state laws pertaining to the use of deadly force, and restrictions on the locations a handgun may be carried in a concealed fashion. In addition, the applicant must shoot a designated course of fire and obtain a passing score. A concealed handgun permit is valid for a period of five years. Regardless of the possession of a CHP, there are places that are restricted from the carrying of a concealed handgun, or any other firearm. Some restrictions have loop holes for EMS, Fire & Police.[222]

North Carolina honors concealed carry permits issued by Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia. New Mexico has no formal agreement with North Carolina, but they do informally accept the permit. North Carolina's permit is valid in approximately thirty-three states, more than any other CHP.[223][224]

Open Carry is also legal throughout North Carolina[225] except within the town of Cary, which forbids it by local ordinance. In the city of Chapel Hill, open carry is restricted to guns of a certain minimum size, under the theory that small, concealable handguns are more often associated with criminal activity. No permit is required to carry a handgun openly in North Carolina.

North Carolina is a Common Law State.[226] Appearing in a public place, armed with a firearm, may be an affray at common law depending on the circumstances.[227] In State v. Robert S. Huntley, it was ruled, in part:

It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use a gun of some sort. But we do not feel the force of this criticism. A gun is an "unusual weapon," wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements--as a part of his dress--and never, we trust, will the day come when any deadly weapon will be worn or wielded in our peace-loving and law-abiding State, as an appendage of manly equipment. But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (sic) offence. For any lawful purpose--either of business or amusement--the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.[228]

Because of State v. Huntley, and other court rulings,[227] caution is urged as to the areas a person frequents with firearms.[229]

North Dakota

North Dakota[230] is a "shall issue" state for concealed carry. The North Dakota Bureau of Criminal Investigation (BCI) shall issue a concealed weapon permit to a qualified applicant. The applicant must pass a written exam and submit an application to the local law enforcement agency, which conducts a local background check before forwarding the application to the BCI. The permit is valid for three years. A concealed weapon permit is required when transporting a loaded firearm in a vehicle. Concealed carry is not allowed in an establishment that sells alcoholic beverages or in a gaming site. Concealed carry is also not allowed, unless permitted by local law, at a school, church, sporting event, concert, political rally, or public building.[231][232][233][234]

North Dakota has state preemption of firearms laws. No political subdivision may enact any ordinance relating to the purchase, sale, ownership, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law.[235]

Firearms manufacturers, distributors, and sellers are not liable for any injury suffered because of the use of a firearm by another. However, they may be sued for breach of contract or warranty, or for defects or negligence in design or manufacture.[236]

Ohio

In April 2004, Ohio's concealed carry statute went into effect. The law (Ohio Revised Code 2923.12, et seq.) allows persons 21 and older to receive a concealed handgun license provided that they receive a minimum of 12 hours of handgun training (10 hours of classroom instruction and 2 hours of range time) from a certified instructor, demonstrate competency with a handgun through written and shooting tests, pass a criminal background check, and meet certain residency requirements.[237]

The licenses are issued by county sheriffs.

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

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

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

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

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

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

  • In a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which lid, cover or closing mechanism must be opened for a person to gain access to the handgun;[238]
  • In a closed glove compartment or console, or in a case that is locked;[238]
  • In a holster secured on the person.[238]

This is a change from the earlier version of the bill that required the weapon to be in a locked box or in plain sight and secured to the person.[237]

On 2006-11-29, the Ohio legislature approved Amended Substitute House Bill 347. This bill would preempt all firearms regulation, thus removing any doubt as to the validity of local regulation of firearms, as well as relaxing the requirements for carrying a weapon in a vehicle. This bill removed the requirement for plain sight if the gun was holstered or in a locked container, and allowed carry in an unlocked but closed or latched container if in plain sight.[239]

Oklahoma

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No – None
Firearm registration? No No – None
"Assault weapon" law? No No – None
Owner license required? No No – None
Carry permits issued? No Yes – None
State Preemption of local restrictions? Yes Yes – –
NFA weapons restricted? No No – Residents of Oklahoma who own NFA regulated firearms or items must comply with all federal laws and regulations.

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

When purchasing a handgun you must pass an Oklahoma State Bureau of Investigation background check. This could take only a few minutes or up to several days. There is no limit on the number of handguns you may purchase. The legal age to possess a handgun, or to receive a handgun as a gift, or through inheritance, is 18. However, the minimum age to buy a handgun from a Federally Licensed Firearms dealer is 21. Individuals with hunting licenses may open carry long guns when hunting during hunting season. All other Open Carry of long guns or handguns in a public setting or on public or government land is illegal under state law, even if the individual open carrying possess a concealed carry permit. Open carry of a firearm on privately owned land (such as a backyard, or a large farm) is technically legal. However, if a disturbance is caused, such carry could be construed as Disturbing the peace by law enforcement. When carrying firearms in your automobile, (when traveling on public land or roads) they must be out of reach of the driver, unloaded, and cased. Carrying of any firearms or weapons in a government building or on school grounds is illegal and a felony, even if the citizen carrying possesses a concealed carry permit. The only exceptions to this law are for licensed government or security personnel, such as state police officers, agents of the federal government, and certain security guards.

Section 26 of the bill of rights to the Constitution of the State of Oklahoma states, "The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons. "

Oregon

In Oregon, the right to bear arms is protected by Article 1, Section 27 of the state constitution.[240]

Oregon is a shall-issue concealed-carry state[241] and is notable for having very few restrictions on where a concealed firearm may be carried.[242] Oregon also has statewide preemption for its concealed-carry laws—meaning that, with limited exceptions, counties and cities cannot place limits on concealed-carry beyond those provided by state law.[243]

Oregon is also an open-carry state,[244] but preemption does not apply to open carry, so cities and counties are free to limit public possession of firearms by individuals who do not have a concealed carry permit.[245] The cities of Portland, Beaverton, Tigard, Oregon City, Salem, and Independence have banned loaded firearms in all public places.[246]

Pennsylvania

Rhode Island

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

South Carolina

South Carolina is a "shall issue" concealed carry permit state. No permit is required to purchase rifles, shotguns, or handguns. South Carolina also has "Castle Doctrine" legal protection of the use of deadly force against intruders into one's home, business, or car. It is unlawful to carry a firearm onto private or public school property or into any publicly owned building without express permission. Open carry is not allowed, but no permit is required to carry a loaded handgun in the console or glove compartment of a car. As of September 12, 2008, states with which South Carolina has reciprocity are: Alaska, Arizona, Arkansas, Florida, Kansas, Kentucky, Louisiana, Michigan, Missouri, North Carolina, Ohio, Texas, Tennessee, Virginia, West Virginia, and Wyoming.[253][254]

South Carolina law also now supports a "stand your ground" philosophy under the "Protection of Persons and Property Act" SECTION 16-11-440(C) with the following language. The act was apparently ruled non-retroactive in State v. Dickey.[255]

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

South Carolina also has the "alter-ego" rule with respect to the defense of others, under which a person who uses deadly force to defend a friend, relative or bystander will be allowed the benefit of the plea of self-defense if that plea would have been available to the person requiring assistance if they had been the one who used deadly force. In other words, the person intervening is deemed to "stand in the shoes" of the person on whose behalf he is intervening. If that individual "had the right to defend himself, then the intervening party is also protected by that right. To claim self defense, a person has to be in a place they have a legal right to be, not be involved in any illegal activity, must not have started the confrontation, and must be in imminent danger of death or serious bodily harm.

South Dakota

South Dakota is a "shall issue" state for concealed carry. The local county sheriff shall issue a permit to carry a concealed pistol to qualified applicants. A temporary permit shall be issued within five days of the application. Concealed carry is not permitted at an elementary or secondary school, in a courthouse, or in any establishment that derives over half of its income from the sale of alcoholic beverages. For non-residents, South Dakota recognizes valid concealed carry permits from any other state.[256][257][258][259]

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

When buying a handgun from a Federal Firearms License (FFL) holder, an application to purchase a handgun must be filled out by the buyer and submitted to the local police by the seller. Beginning June 1, 2009, anyone who passes the federal background check will be able to take possession of any firearm immediately, per SB0070.[260]

South Dakota has state preemption of firearms laws. Units of local government may not restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components.[261] Firearms manufacturers, distributors, and sellers are not liable for injury caused by the use of firearms.[262]

Tennessee

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No* Yes 39-17-1351 Permits are "shall-issue". Concealed or open carry of a handgun is allowed with permit. *Loaded long gun carry is generally illegal. Those with a HCP may have loaded longs in a private vehicle so long as there is not a round in the chamber 39-17-1307(e) There are also other exceptions (like for hunting) listed in 39-17-1307
State Preemption of local restrictions? No No 39-17-1314 Tennessee is an anomalous State. The Legislature made a loop hole for cities and municipalities with laws in effect prior to April 8, 1986. The local ordinances in effect before April 8, 1986 pre-empt State law see TCA 39-17-1314(a). Local governments may post signs per 39-17-1359 to prohibit carry on government property, just like private property owners.
NFA weapons restricted? No No None On July 1, 2003 public chapter 285 is in effect. It requires the CLEO, chief law enforcement officer, to sign NFA paperwork in 15 days if the applicant is not prohibited from possessing firearms. see TCA 39-17-1361 .
Peaceable Journey laws? No No None Federal rules observed.
Self-Defense Law - - 39-11-611 There is not duty to retreat before using deadly force, as long as you are acting lawfully and are in a place you have a right to be in. It is presumed you had a reasonable fear of imminent death or serious bodily injury if someone unlawfully and forcibly enters a residence, business, dwelling or vehicle.

Places off-limits even with a Handgun Carry Permit

Location Relevant Statutes Notes/Exceptions
Places open to the public that serve alcohol for on-site consumption except places licensed as a restaurant, provided one does not consume alcohol 39-17-1305 The exception for restaurants was declared unconstitutional in November 2009, due to the definition of a restaurant being vague. It was re-passed with different verbiage over a Governor's veto in June 2010.[1]
Any room where a judicial proceeding is taking place 39-17-1306 If a proceeding is not taking place in a courtroom, then carry would be legal. If a judicial proceeding is taking place in any room, say a hospital room, then carry would be illegal
Schools 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. However Local governments per 39-17-1311(d) may vote to make carry illegal in the parks under their control. If a local park is being used for a school activity, then it is off-limts per 39-17-1309 during the activity. Metro Nashville parks are off limits, but are not posted. See TN AG Opinions 09-129 & 09-160
Any area/building/property posted with a sign per 39-17-1359 39-17-1359 The code says the wording of the sign must be visible and "substantially similar" to that used in the code not exact, however it has never been legally defined what substantially similar means. See TN AG Opinion 07-43

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

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

State supreme court rulings and state attorney general opinions interpret Section 26 to mean regulation cannot and should not interfere with the common lawful uses of firearms, including defense of the home and hunting, but should only be aimed at criminal behavior. Andrews v State 1870 and Glasscock v Chattanooga 1928 defined the meaning of regulating arms. "Going armed", carrying any sort of weapon for offense or defense in public, is a crime, except carrying a handgun for defense is allowed with a state-issued permit. At one time, Tennessee required a purchase permit for a handgun approved by one's city police chief or county sheriff with a fifteen-day waiting period; that was replaced under the federal Brady Act with the Tennessee Instant Check System (TICS). Handguns in Tennessee are defined as having a barrel length of less than twelve inches see TCA 39-11-106.

Texas

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None
Firearm registration? No No None
"Assault weapon" law? No No None
Owner license required? No No None
Carry permits issued? No Yes GC Ch. 411 Subch H, PC 46.15 Concealed carry of a handgun requires a "shall-issue" permit. Open carry of a handgun is prohibited with some exceptions (hunting, on one's own property). Open carry of a long gun is not specifically prohibited as PC 46.02 (unlawful carry of weapons) only mentions handguns, however it may be construed as "Disorderly Conduct".
State Preemption of local restrictions? Yes Yes Const. 1.23, PC 1.08 "... the Legislature shall have the power, by law, to regulate the wearing of arms, with a view to prevent crime." In addition (PC 1.08), no lower level of government may pass a law that penalizes any conduct which is specifically covered by the State statutes.
NFA weapons restricted? No No PC 46.01(9), PC 46.05 State law prohibits ownership outside of NFA compliance, calling possession while in compliance "a defense to prosecution."
Peaceable Journey laws? Yes Yes PC 46.02, PC 46.15 A person may carry a concealed, loaded handgun without a permit while in or heading directly to a car they own or control.
Castle Doctrine? Yes Yes PC 9.32 A person is presumed justified in using deadly force to protect themselves against an unlawful, forceful intrusion into their dwelling. There is no duty to retreat from any place where the shooter has a legal right to be.

Texas has no laws regarding possession of "long-barreled firearms" or "long guns" (shotguns, rifles and similar) or handguns by persons 18 years or older without felony convictions. NFA weapons are also only subject to Federal restrictions; no State regulations exist. Municipal and county ordinances on possession and carry are generally overridden (preempted) due to the wording of the Texas Constitution, which gives the Texas Legislature (and it alone) the power to "regulate the wearing of arms, with a view to prevent crime".[263] Penal Code Section 1.08 also prohibits local jurisdictions from enacting or enforcing any law that conflicts with State statute. Local ordinances restricting discharge of a firearm are generally allowed as State law has little or no specification thereof.

There is no legal statute specifically prohibiting the carry of a firearm other than a handgun, although there is debate as to whether doing so constitutes "disorderly conduct" (which defines an offense, in part, as "displaying a firearm or other deadly weapon in a public place in a manner calculated to cause alarm"). Open carry of a handgun in public is generally illegal in Texas; exceptions include when the carrier is on property he/she owns or has lawful control over, while legally hunting, or while participating in some gun-related public event such as a gun show. A permit to carry concealed is thus required to carry a handgun in public. Concealed carry permits are issued on a non-discretionary basis ("shall-issue") to all qualified applicants. In addition, Texas recognizes most out-of-state concealed-carry permits.

The concealed handgun law sets out the eligibility criteria that must be met. For example, an applicant must be qualified to purchase a handgun under the state and federal laws. Additionally, a number of factors may make a person ineligible (temporarily or permanently) to obtain a license, including: felony convictions (permanent) and Class A or B misdemeanors (5 years, permanent in cases of domestic violence), including charges that resulted in probation or deferred adjudication; pending criminal charges (indefinite until resolved); chemical or alcohol dependency (defined as 2 convictions for substance-related offenses; 10-year ban from the date of the first conviction); certain types of psychological diagnoses (indefinite until the condition is testified by a medical professional as being in remission); protective or restraining orders (indefinite until rescinded); or defaults on taxes, governmental fees, student loans or child support (indefinite until resolved).[264] This last category, though having little to do with a person's ability to own a firearm, is in keeping with Texas policy for any licensing; those who are delinquent or in default on State-regulated debts are generally barred from obtaining or renewing any State-issued license (including driver licenses), as an incentive to settle those debts.

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

On March 27, 2007, Governor Rick Perry signed Senate Bill 378 into law, making Texas a "Castle Doctrine" state which came into effect September 1, 2007.[265] Residents lawfully occupying a dwelling may shoot a person who "unlawfully, and with force, enters or attempts to enter the dwelling", or who removes or attempts to remove someone from that dwelling, or who commits or attempts to commit a "qualifying" felony such as burglary, arson, rape, aggravated assault, robbery or murder. In addition, a shooter who has a legal right to be wherever he/she is at the time of a defensive shooting has no "duty to retreat" before being justified in shooting; the "trier of fact" may not consider whether the person retreated when deciding whether the person was justified in shooting.

Gov. Perry also signed H.B. 1815, a bill that allows any Texas resident to carry a concealed handgun in the resident's motor vehicle without a CHL or other permit.[266] Chapter 46, Section 2 of the Penal Code states that it is in fact not "Unlawful Carry of a Weapon" for a person to carry a weapon while in a motor vehicle they own or control, or to carry while heading directly from the person's home to that car. However, lawful carry while in a vehicle requires these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities; and (3) the carrier cannot be a member of a criminal gang.[267][268]

Possession of automatic firearms, short-barreled shotguns or rifles, or silencers is permitted, if the weapons have been federally registered in accordance with the National Firearms Act.[263]

Utah

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

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

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

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

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

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

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

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

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

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

Utah law recognizes a permit to carry a concealed firearm issued by any state or county (76-10-523(2)(b)).[269]

Utah is a "Stand Your Ground" state, in which there is no duty to retreat before use of deadly force, the person reasonably believes that a perpetrator is going to commit a forcible felony in the habitation, and that the force is necessary to prevent the commission of the felony.[270]

In Utah a person may carry firearms in many places not allowed by other states, including (but not limited to): banks, bars, and state parks. With a valid Utah concealed firearm permit you may also carry in schools (K-12 and public colleges). Utah's Uniform Firearm Laws expressly prohibits public schools from enacting or enforcing any rule pertaining to firearms. Accordingly, Utah is the only state in the Union that requires public schools to allow lawful firearms possession.[271]

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

Vermont

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No – No
Firearm registration? No No – No
"Assault weapon" law? No No – No
Owner license required? No No – No
Carry permits issued? No No – *May carry open or concealed without permit
State Preemption of local restrictions? Yes Yes – –
NFA weapons restricted? No No –

Vermont has very few gun control laws. Gun dealers are required to keep a record of all handgun sales. It is illegal to carry a gun on school property or in a courthouse. State law preempts local governments from regulating the possession, ownership, transfer, carrying, registration or licensing of firearms.[272]

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

The Vermont constitution of 1793, based partly on the U.S. Constitution and Bill of Rights, guarantees certain freedoms and rights to the citizens: "That the people have a right to bear arms for the defence of themselves and the State — and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power."[273]

Virginia

Virginia[10][274][285]
Flag of Virginia.svg


The Constitution of Virginia protects the right of the people to keep and bear arms from government infringement.[283] The Commonwealth of Virginia preempts local regulation of several aspects of firearms, though some local regulation is explicitly permitted. Virginia passed the Uniform Machine Gun Act, which was drafted by the National Conference of Commissioners on Uniform State Laws.[284][285] The only firearms in Virginia that are prohibited are the Armsel Striker, also known as the Striker 12, similar shotguns, and any "plastic firearms." There are no magazine capacity limitations, except that a concealed handgun permit is required in order to carry magazines with more than 20 rounds in some urban, public areas.[274][285]

Prohibited places include courthouses, air carrier terminals, schools, Capitol and General Assembly buildings, and churches, though some exceptions apply. George Mason University, Virginia Commonwealth University, Department of Game and Inland Fisheries, Department of Forestry, and the Department of Conservation and Recreation also have regulations restricting or prohibiting firearms.[277][279][280][286] There are age restrictions on the possession of firearms and some people are prohibited from possessing firearms due to certain criminal convictions. Licensed dealers must have the Virginia State Police conduct a background check prior to completing the sale of certain firearms. Persons who are not in the business of selling firearms, but make occasional, private sales, are not required to perform a background check before selling their firearms. A person may not purchase more than one handgun per 30 day period, though some exceptions apply.[274][285]

Open carry of a handgun without a permit is legal in Virginia at age 18, withstanding other applicable laws. Concealed carry of a handgun is prohibited except for persons who hold a valid Concealed Handgun Permit (CHP), comply with certain restrictions, or who hold certain positions. Virginia shall issue a CHP to applicants over 21 years of age, provided that they meet certain safety training requirements and do not have any disqualifying criminal convictions. A person may not lawfully consume alcohol while carrying a concealed handgun onto the premises of a restaurant or club licensed to sell alcohol for on-premises consumption.[274][285]

Washington

Washington is one of the original "shall issue" states. The county sheriff or city police chief shall issue a concealed pistol license to any applicant, age 21 or older, who meets certain requirements, including no felony convictions, no misdemeanor domestic violence convictions, and no outstanding warrants.[287][288] Open carrying of firearms is not prohibited by law although trouble with some law enforcement agencies has been encountered while open carrying in the past, most notably in a case in Ellensburg, Washington.[289]

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

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

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

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

As a general rule, a person may legally open-carry in Washington State in any place it is legal to possess a loaded handgun. To open-carry in a vehicle (i.e., car, bus, etc...) a person must have a valid concealed pistol license.

There are multiple exceptions to laws restricting firearms on school grounds [290] such as:

  1. Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student.
  2. Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school.

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

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

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

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

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

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

It is a Class C felony for a non-resident alien to possess a firearm in Washington without an Alien Firearm License (Permanent Residents can legally possess firearms without a license as stated in RCW 9.41.171).[291] Washington had stopped issuing Alien Firearm Licenses due to a problem obtaining background checks, but a court ordered the Washington State Department of Licensing to resuming issuing the licenses after a lawsuit was filed by the National Rifle Association and Second Amendment Foundation on Second Amendment grounds.[292]

It is a gross misdemeanor to aim a firearm "whether loaded or not, at or towards any human being".[293]

Washington State accepts concealed-weapons permits from the following states: Florida, Louisiana, Michigan, Mississippi, North Carolina, Ohio, Oklahoma & Utah.[294]

Washington State law also carves exemptions into state law regarding Concealed Pistol Licenses. Perhaps the most interesting is RCW 9.41.060, section 8: "Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;"[295]. This little known law essentially allows vehicle and concealed carry WITHOUT a CPL as normally required in 9.41.050 as long as you meet the provisions of that section.

It is a violation of state law to buy, sell or own a machine gun in Washington state.[296]

West Virginia

Wisconsin

Wisconsin is one of two states that completely prohibit concealed carry by private citizens.[307] Open carry is legal except where prohibited by law (vehicles, government buildings, schools, establishments that sell liquor for consumption on the premises, state parks, and 1000' from the edge of school property unless on private property)."[308] Some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. On April 20, 2009 the Wisconsin attorney general's office released a memorandum to all law enforcement agencies stating that mere open carry of a firearm was not disorderly conduct, and instructed both law enforcement and the district attorneys to cease this practice. Inside vehicles, the firearm must be both unloaded and encased; having a loaded firearm on the front seat was held to be concealed and therefore illegal in a 1994 case. Bills to enact "shall-issue" were twice vetoed by Governor Jim Doyle in January 2004 and again in January 2005 after passing in both houses of the Wisconsin legislature. In 2005, the Assembly fell two votes short of overriding Doyle's veto. In 2006, Governor Jim Doyle stated "you want to carry a gun in Wisconsin, wear it on your hip."

Other laws

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

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

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

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

Armor-piercing ammunition in handguns when committing a crime upgrades the crime to a Class H felony. Statute 941.296.

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

Wisconsin has a state pre-emption law that generally forbids cities from passing firearms ordinances more strict than that of state law. Statute 66.0409.

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

It is a felony to possess a firearm if you:

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

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

Buying and selling

There is a 48-hour waiting period on handgun purchases from an FFL dealer (does not apply to private sales): Statute 185.35

Rifles and shotguns can be purchased in a contiguous state as long as the purchase complies with Federal law and the laws of the contiguous state. Statute 185.30

State parks and wildlife refuges

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

Title II firearms

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

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

Silencers are legal if you follow BATFE process, statute 941.298

Firearms and minors

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

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

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

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

Firearms retailers are required to provide every buyer with a written warning stating, "If you leave a loaded firearm within the reach or easy access of a child, you may be fined or imprisoned or both if the child improperly discharges, possesses or exhibits the firearm." Statute 185.37

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

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

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

  • under 10 may not hunt with a firearm or bow under any circumstances
  • under 10 can only possess firearm/bow in Hunter Safety class, or while cased/unloaded and under adult supervision while going to/from Hunter Safety class, or while under adult supervision while at a target range.
  • anyone age 10 or over may hunt when accompanied by an adult (within arms reach, both must be licensed, only one firearm/bow between the adult and mentor (no hunter safety course requirement for the mentored hunter).
  • 12-13 may hunt when accompanied by an adult and 12-13 has successfully completed a Hunter Safety class.
  • 12-13 may possess firearm when accompanied by an adult, or while transporting cased/unloaded firearm to/from Hunter Safety class, or in Hunter Safety class
  • 14-17 is the same as 12-13, except Hunter Safety graduates can hunt and possess firearms (rifles/shotguns) without adult supervision.

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

School zones

Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony. **unless on private property **"School" means a public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school. "School zone" means any of the following: 1. In or on the grounds of a school. 2. Within 1,000 feet from the grounds of a school.[309]

Firearms in vehicles

When openly carrying (the only legal method in Wisconsin) a firearm must be unloaded, cased, and put out of reach when in a vehicle. In this section, unloaded means "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm" and encased means "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31

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

Aircraft: Firearms must be unloaded and encased.

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

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

Wyoming

According to the Office of the Attorney General of Wyoming, Wyoming state law (W.S. § 6-8-104) provides for the issuance of concealed firearm permits. Wyoming also recognizes concealed firearms permits from the following list of other U.S. states (subject to frequent review and revision): Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Montana, New Hampshire, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, and Utah.[310]

See also

Notes and references

  1. ^ State Constitutional Right to Keep and Bear Arms Provisions, UCLA School of Law
  2. ^ New York Civil Rights - Article 2 - § 4 Right to Keep and Bear Arms
  3. ^ Victory for the Second Amendment
  4. ^ U.S. Concealed Carry Reciprocity Map on USACarry.com
  5. ^ Pack-N-Go Carry Concealed Trip Planner on carryconcealed.net
  6. ^ Printz v. United States, 521 U.S. 898 (1997)
  7. ^ "Printz v. United States". stephenhalbrook.com. http://www.stephenhalbrook.com/printz.html. Retrieved March 28, 2010. "Congress may not require the States to administer a federal regulatory program" 
  8. ^ a b c d e f g Legal Community Against Violence - Alabama Laws, Policies, and Statistics
  9. ^ a b c d e f NRA-ILA - Synopsis of Alabama Laws
  10. ^ a b c d e f g h Bureau of Alcohol, Tobacco, Firearms, and Explosives - State Laws and Published Ordinances - Firearms
  11. ^ Act 2010-496
  12. ^ Alabama Concealed Carry Permit Information on USACarry.com
  13. ^ a b Alabama Reciprocal Gun Law
  14. ^ a b Handgunlaw.us - Alabama
  15. ^ Handgunlaw.us - Alaska
  16. ^ Title 18 USC Sec. 922. Unlawful Acts
  17. ^ Alaska Statutes 29.35.145
  18. ^ Arizona Revised Statutes Title 13 — Criminal Code
  19. ^ Arizona Revised Statutes Section 13-3108
  20. ^ Arizona Concealed Weapons Permit Unit - Obtaining a Permit
  21. ^ Arizona Concealed Weapons Permit Unit - FAQ
  22. ^ "AZ CCW Permit Reciprocity" on azccw.com
  23. ^ Arizona Citizens Defense league
  24. ^ Arizona Revised Statutes Title 13 Section 3111
  25. ^ Arizona Revised Statutes Title 13 Section 3108
  26. ^ Arizona Revised Statutes Title 13 Section 3107
  27. ^ Arizona Revised Statutes Title 13 Section 3102
  28. ^ Arizona Revised Statutes Title 13 Section 3119
  29. ^ Arizona Revised Statutes Title 4 Section 244
  30. ^ 17-305. Carrying firearms or game-taking devices in closed areas; exceptions; permits
  31. ^ Arizona Revised Statutes Title 31 Section 129
  32. ^ Arizona Revised Statutes Title 13 Section 3101
  33. ^ Arkansas State Police Regulatory Services Section — Concealed Handgun Licensing
  34. ^ California Department of Justice — 53701 GC State Preemption of Firearm Regulations
  35. ^ "Municipalities Can't Ban People from Owning Handguns, Court Rules", San Francisco Chronicle, January 10, 2008
  36. ^ California Department of Justice, Bureau of Firearms main page
  37. ^ Bureau of Firearms — Current and Proposed Regulations
  38. ^ California Concealed Carry
  39. ^ California Concealed Carry Permit Information on USACarry.com
  40. ^ CaliforniaConcealedCarry.com
  41. ^ California Department of Justice Standard Application For License to Carry a Concealed Weapon (CCW)
  42. ^ U.S. CCW Carry Concealed Reciprocity Map
  43. ^ California Penal Code § 12031
  44. ^ California Open Carry FAQ
  45. ^ Assembly Bill 1934
  46. ^ California Department of Justice — California Firearms Laws
  47. ^ Bureau of Firearms — Handgun Safety Certificate Program
  48. ^ Bureau of Firearms — Handgun Safety Certificate Program — Frequently Asked Questions
  49. ^ California Department of Justice, Bureau of Firearms — Roster of Handguns Certified for Sale
  50. ^ "What is an 'Assault Weapon'?", calgunlaws.com
  51. ^ "NRA/ILA Firearms Laws for California"
  52. ^ "Assembly OKs Micro-Stamp on Some Guns", San Francisco Chronicle, May 30, 2007
  53. ^ "Gov. Signs Bills Opposed by NRA", Los Angeles Times, October 14, 2007
  54. ^ AB 1471 bill text, Official California Legislative Information
  55. ^ Egelko, Bob. "Schwarzenegger Signs Ammo-Regulation Bill", San Francisco Chronicle, October 13, 2009
  56. ^ Connecticut General Statutes Section 29-36
  57. ^ Sec. 29-37a. Sale or delivery at retail of firearm other than pistol or revolver
  58. ^ Connecticut General Statutes Section 53-202
  59. ^ Connecticut General Statutes Section 29-28
  60. ^ CT BFPE Office of Legislative Research
  61. ^ NRA/ILA Firearms Laws for Connecticut
  62. ^ Connecticut Concealed Carry CCW Laws and Information on carryconcealed.net
  63. ^ "D.C.'s Ban On Handguns In Homes Is Thrown Out", "CNN", June 26, 2008
  64. ^ SAF SUES DISTRICT OF COLUMBIA OVER CARRYING OF HANDGUNS Saf.org
  65. ^ Florida Statutes, Chapter 790: Weapons and Firearms
  66. ^ Florida Statutes, Chapter 790.001(17): Weapons and Firearms
  67. ^ Florida Crimes Code Section 790.25 at Law and Legal Research
  68. ^ "Walt Disney World Fires Back on Guns at Work", Orlando Sentinel, July 3, 2008
  69. ^ "After Protesting Gun Rule, Disney Guard is Fired", Orlando Sentinel, July 8, 2008
  70. ^ Florida Department of Agriculture and Consumer Services - Division of Licensing
  71. ^ a b [http://www.legis.state.ga.us/legis/2009_10/fulltext/sb308.htm A BILL TO BE ENTITLED AN ACT]
  72. ^ Senate Bill 396, Georgia General Assembly
  73. ^ a b State Firearms Laws and Published Ordinances for Hawaii — ATF
  74. ^ Firearms Laws for Hawaii — NRA/ILA
  75. ^ Hawaii State Law Summary — LCAV
  76. ^ Hawaii Revised Statutes §134-9: Licenses to carry
  77. ^ "Women Tell Lawmakers They Want the Right to Protect Themselves with a Concealed Firearm", Hawaii Reporter, February 17, 2006
  78. ^ Hawaii Concealed Carry CCW Laws and Information on carryconcealed.net
  79. ^ Hawaii Concealed Carry Permit Information on USACarry.com
  80. ^ Hawaii Gun Laws — Honolulu Police Department
  81. ^ Hawaii Gun Laws — Hawaii Rifle Association
  82. ^ Carrying or use of firearm in the commission of a separate felony; place to keep firearms; loaded firearms; penalty
  83. ^ Idaho statute 18-3302 — Issuance of Licenses to Carry Concealed Weapons
  84. ^ a b Idaho Attorney General — Concealed Weapons Permit FAQs
  85. ^ Idaho Concealed Carry CCW Laws and Information on carryconcealed.net
  86. ^ Idaho Concealed Carry Information on USACarry.com
  87. ^ a b Firearms Laws for Idaho at nraila.org
  88. ^ Idaho State Law Summary at lcav.org
  89. ^ Illinois General Assembly — 430 ILCS 65 — Firearm Owners Identification Card Act
  90. ^ Illinois General Assembly — Public Act 095-0581
  91. ^ Illinois State Police -- Firearm Owner's Identification Information
  92. ^ Municipal Code of Chicago, section 8-20-040, Registration of firearms
  93. ^ Municipal Code of Chicago, section 8-20-050, Unregisterable firearms
  94. ^ "Chicago Gun Law Spurs Deluge of Applications", New York Times, April 13, 1982
  95. ^ Oak Park, Illinois Village Code section 27-2-1
  96. ^ City of Highland Park City Code
  97. ^ "Suburbs with Gun Bans Split on Court Ruling", Chicago Tribune, June 27, 2008
  98. ^ "NRA Sues Chicago, 3 Suburbs to Repeal their Firearms Bans", Chicago Tribune, June 27, 2008
  99. ^ "Wilmette Repeals Town's Handgun Ban After High Court Ruling", Chicago Tribune, July 25, 2008
  100. ^ "Morton Grove Repeals 27-Year-Old Gun Ban", Chicago Tribune, July 28, 2008
  101. ^ "Evanston Latest Suburb to Repeal Handgun Ban in Wake of High Court Ruling", Chicago Tribune, August 12, 2008
  102. ^ "Winnetka Strikes Handgun Ban", Winnetka Talk, November 19, 2008
  103. ^ "Daley Promises to Fight to Keep Handgun Ban", Chicago Tribune, July 25, 2008
  104. ^ "Mayor Daley vs. the Supreme Court", Chicago Tribune, June 27, 2008
  105. ^ "Chicago Continues to Enforce Gun Ban", Chicago Sun-Times, July 25, 2008
  106. ^ "Corrections and Clarifications, November 21, 2008", Chicago Tribune
  107. ^ "Supreme Court Ruling Sets Up Showdown on Gun Ownership in Chicago", Chicago Tribune, October 1, 2009
  108. ^ Tough New Chicago Gun Law Takes Effect
  109. ^ "Oak Park amends its handgun law", Chicago Sun Times, July 20, 2010
  110. ^ Cook County Clerk's Office -- November 14, 2006 Ordinances ordinance 06-O-50
  111. ^ Illinois State Police -- Municipal Ordinances Relating to Firearms
  112. ^ Illinois Retired Officer Concealed Carry Program
  113. ^ a b Illinois General Assembly — 720 Illinois Compiled Statutes 5/24 -- Deadly Weapons
  114. ^ Indiana Code Title 35 Article 47: Weapons and Instruments of Violence
  115. ^ Indiana Preemption Statute
  116. ^ South Bend Municipal Firearm Codes
  117. ^ IC 35-47-2-3 - Application for license to carry handgun; procedure
  118. ^ Indiana Code Title 34 Article 12 Chapter 3: Legal Actions Involving Firearms and Ammunition
  119. ^ a b Iowa Department of Public Safety, Administrative Services Division — Iowa Weapons Laws
  120. ^ "Iowa Concealed Carry CCW Laws and Information" on carryconcealed.net
  121. ^ Iowa Concealed Carry Permit Information on USACarry.com
  122. ^ "Iowa CCW Concealed Carry Hand Gun Legal Info" at iowacarry.org
  123. ^ Governor Culver Signs Bill Standardizing Weapon Permit Process, April 29, 2010
  124. ^ "NRA/IRA Firearms Laws for Iowa"
  125. ^ "Legal Community Against Violence — Iowa State Law Summary"
  126. ^ Kansas Attorney General -- Concealed Carry
  127. ^ "Sebelius Signs Gun Bill into Law", Topeka Capital-Journal, April 22, 2008
  128. ^ Senate Bill No. 46, Kansas Legislature
  129. ^ 503 Kentucky Administrative Regulations 4.050: Required content and conduct of the applicant training course.
  130. ^ "Teo Pro-Gun Bills in KY Need Your Help!". The Pulse of KC3. Kentucky Coalition to Carry Concealed. 2010-04-01. http://kc3blog.blogspot.com/2010/04/two-pro-gun-billls-in-ky-need-your-help.html. Retrieved 2010-04-17. 
  131. ^ Louisiana State Police — Concealed Handgun Permit Unit
  132. ^ Louisiana Concealed Carry CCW Laws and Information on concealedcarry.net
  133. ^ Louisiana Concealed Carry Permit Information on USACarry.com
  134. ^ NRA/ILA Firearms Laws for Louisiana
  135. ^ Bureau of Alcohol, Tobacco, and Firearms — State Firearms Laws — Maine
  136. ^ Search the Maine Statutes — "firearm"
  137. ^ Maine State Police — Weapons Permits & Professional Licensing
  138. ^ State of Maine Laws Relating to Permits to Carry Concealed Firearms
  139. ^ Maine Concealed Carry CCW Laws and Information on carryconcealed.net
  140. ^ Maine Concealed Carry Permit Information on USACarry.com
  141. ^ Maine Weekly Legislative Report, June 25, 2007
  142. ^ Firearms Laws for Maine on nraila.org
  143. ^ Maine State Law Summary on lcav.org
  144. ^ a b c d e Legal Community Against Violence - Maryland Laws, Policies, and Statistics
  145. ^ a b c d e NRA-ILA - Synopsis of Maryland Laws
  146. ^ a b Bureau of Alcohol, Tobacco, Firearms, and Explosives - State Laws and Published Ordinances - Firearms, p.214
  147. ^ Bureau of Alcohol, Tobacco, Firearms, and Explosives - State Laws and Published Ordinances - Firearms, p.215
  148. ^ Bureau of Alcohol, Tobacco, Firearms, and Explosives - State Laws and Published Ordinances - Firearms, p.216
  149. ^ a b Bureau of Alcohol, Tobacco, Firearms, and Explosives - State Laws and Published Ordinances - Firearms, p.218
  150. ^ Maryland Regulated Firearm Training On-Line
  151. ^ guncite.com - The Firearm Owner's Protection Act: A Historical and Legal Perspective
  152. ^ Letter from Francis X. Belloti, Attorney General, to Charles V. Barry, Secretary, Executive Office of Public Safety (Oct. 31, 1986) (copy in possession of Cumberland Law Review).
  153. ^ "Michigan Legislature". Legislature.mi.gov. http://legislature.mi.gov/doc.aspx?mcl-Constitution. Retrieved 2008-09-06. 
  154. ^ "Firearms.indd" (PDF). http://www.legislature.mi.gov/documents/publications/firearms.pdf. Retrieved 2008-09-06. 
  155. ^ "Michigan Legislature". Legislature.mi.gov. http://legislature.mi.gov/doc.aspx?mcl-8-3t. Retrieved 2008-09-06. 
  156. ^ MCL 850.224a
  157. ^ Michigan Compiled Laws Section 28.429
  158. ^ MCL 3.111-3.112
  159. ^ MCL 28.422(4)
  160. ^ Public Act 195 of 2008
  161. ^ MCL 850.229
  162. ^ "MSP - Proper Conduct During Encounters with Police". Michigan.gov. http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10941--,00.html. Retrieved 2008-09-06. 
  163. ^ "MSP - Pistol Free Areas". Michigan.gov. http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10947--,00.html. Retrieved 2008-09-06. 
  164. ^ MCL 850.227(2)
  165. ^ MCL 123.1104
  166. ^ MCL 800.283(3)
  167. ^ "Opinion #7183". Ag.state.mi.us. http://www.ag.state.mi.us/opinion/datafiles/2000s/op10259.htm. Retrieved 2008-09-06. 
  168. ^ "Opinion #7101". Ag.state.mi.us. http://www.ag.state.mi.us/opinion/datafiles/2000s/op10176.htm. Retrieved 2008-09-06. 
  169. ^ Firearms Laws for Mississippi on nraila.org
  170. ^ Mississippi State Law Summary on lcav.org
  171. ^ Mississippi Code section 95-3-1: Definitions of terms "person," "place" and "nuisance".
  172. ^ Mississippi Department of Public Safety — Highway Patrol — Firearm Permits Unit
  173. ^ Mississippi Concealed Carry CCW Laws and Information on carryconcealed.net
  174. ^ Mississippi Concealed Carry Permit Information on USACarry.com
  175. ^ Bureau of Alcohol, Tobacco, and Firearms — State Laws and Published Ordinances — Firearms — Mississippi
  176. ^ Mississippi Code section 11-1-67: Authority to sue traders in firearms reserved to state.
  177. ^ Gun Laws of Montana
  178. ^ 45-8-351. Restriction on local government regulation of firearms
  179. ^ Montana Code Annotated, Title 45, Chapter 8, Part 3: Weapons
  180. ^ Montana Shooting Sports Association — Montana Gun Laws
  181. ^ a b Permits to carry guns held by 9 lawmakers, February 2, 2008
  182. ^ Montana Department of Justice — Concealed Weapons
  183. ^ Montana Concealed Carry CCW Laws and Information on carryconcealed.net
  184. ^ Montana Concealed Carry Permit Information on USACarry.com
  185. ^ Montana Code Annotated — 45-8-351: Restriction on Local Government Regulation of Firearms
  186. ^ Firearms Laws for Montana on nraila.org
  187. ^ Montana State Law Summary on lcav.org
  188. ^ Deines, Kahrin. "New Gun Law Aimed at Asserting Sovereignty", Helena Independent Record, April 16, 2009
  189. ^ Text of House Bill 246, 2009 Montana Legislature
  190. ^ Registering a Handgun, Omaha Police Department
  191. ^ Chapter 9.36, Lincoln Municipal Code, City of Lincoln
  192. ^ Handgun Certificates, City of Lincoln – Lancaster County Criminal Justice System
  193. ^ Las Vegas Metropolitan Police Department — Firearms Registration
  194. ^ Nevada Attorney General — Firearms in Nevada
  195. ^ Nevada Concealed Carry CCW Laws and Information on carryconcealed.net
  196. ^ Nevada Concealed Carry Permit Information on USACarry.com
  197. ^ New Hampshire State Police – Pistol and Revolver Licensing
  198. ^ New Hampshire State Police – Permits and Licensing FAQs
  199. ^ Transport and use of hollow point ammunition by sportsman
  200. ^ New Jersey Administrative Code -- Title 13: Law and Public Safety -- Chapter 54: Firearms and Weapons
  201. ^ Graber, Trish G. "Gov. Corzine Signs New Law Limiting N.J. Gun Purchases", The Star-Ledger, August 6, 2009
  202. ^ NRA/ILA Firearms Laws for New Mexico
  203. ^ Legal Community Against Violence New Mexico State Law Summary
  204. ^ New Mexico Statutes, Chapter 30, Article 7, "Weapons and Explosives"
  205. ^ Constitution of the State of New Mexico
  206. ^ New Mexico Department of Public Safety — Information Concerning the Carrying of Concealed Weapons
  207. ^ a b New Mexico Department of Public Safety — Concealed Carry Rules Amended and Approved, November 17, 2005
  208. ^ Concealed Carry Frequently Asked Questions
  209. ^ Section 30-7-3 NMSA 1978, as amended
  210. ^ State information for New Mexico on opencarry.org
  211. ^ New Mexico Department of Public Safety — Conceal & Carry Frequently Asked Questions
  212. ^ New York Penal - Article 400 Section 2 (a)&(b)
  213. ^ OPINIONS OF THE STATE ATTORNEY GENERAL: "December 19, 1977 (informal No. 77- 00): Unloaded replica muzzle loading percussion pistols may be sold, purchased and possessed without a license. Simultaneous possession of these pistols and the necessary ammunition to discharge them requires a license. PL 265.00 (14) & (15)."
  214. ^ 598 F.3d 128; 2010 U.S. App. LEXIS 5803
  215. ^ "North Carolina Firearms Laws", North Carolina Department of Justice
  216. ^ Gaston County Sheriff's Office — Gun Permit Application Procedures
  217. ^ Wake County Sheriff's Office — Obtaining Handgun Permits in Wake County
  218. ^ Office of the Orange County Sheriff — Orange County Pistol Permit Application Information
  219. ^ Durham County Government — Pistol Permit Instructions and Application Package
  220. ^ Mecklenburg County Sheriff's Office — Gun Permits
  221. ^ a b North Carolina Rifle & Pistol Association — North Carolina Gun Ownership FAQs
  222. ^ NRA/ILA Firearms Laws for North Carolina
  223. ^ North Carolina Concealed Carry CHP Laws and Information on CarryConcealed.net
  224. ^ North Carolina Concealed Carry Permit Information on USACarry.com
  225. ^ OpenCarry.org - State Information For North Carolina
  226. ^ North Carolina General Statute § 4‑1. Common law declared to be in force.
  227. ^ a b Editors: David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield, The American and English Encyclopedia of Law, Volume 1, p. 915 - Affray
  228. ^ guncite.com - STATE v. ROBERT S. HUNTLEY
  229. ^ Cooper (A.G.), Aldridge (D.A.G.), North Carolina Firearms Laws, p. 23 - Going Armed To The Terror Of The People
  230. ^ Firearms Laws for North Dakota on nraila.org
  231. ^ North Dakota Attorney General — Concealed Weapons Permits
  232. ^ North Dakota Concealed Weapons Permits manual
  233. ^ North Dakota Concealed Carry CCW Laws and Information on carryconcealed.net
  234. ^ North Dakota Concealed Carry Permit Information on USACarry.com
  235. ^ Bureau of Alcohol, Tobacco, and Firearms — State Firearms Laws — North Dakota
  236. ^ North Dakota State Law Summary on lcav.org
  237. ^ a b Ohio Attorney General — Concealed Carry information
  238. ^ a b c 2008 Ohio Attorney General CCW Handbook
  239. ^ Buckeye Firearms Association -- "House Bill 347, Sweeping Firearms Law Reform Bill, headed to Governor Taft"
  240. ^ Or. Const. Art. I, § 27.
  241. ^ ORS 166.291
  242. ^ See ORS 166.360–180
  243. ^ See ORS 166.170–176
  244. ^ See 166.250(3)
  245. ^ See ORS 166.173
  246. ^ OpenCarry.org
  247. ^ a b c d e Legal Community Against Violence - Pennsylvania Laws, Policies, and Statistics
  248. ^ a b c d e NRA-ILA - Synopsis of Pennsylvania Laws
  249. ^ a b Pennsylvania Firearm Owners Association - Firearm Registration
  250. ^ a b Pennsylvania Firearm Owners Association - Open Carry
  251. ^ a b Bureau of Alcohol, Tobacco, Firearms, and Explosives - State Laws and Published Ordinances - Firearms, p.392
  252. ^ Pennsylvania Attorney General, Firearm Reciprocity Agreements
  253. ^ South Carolina Concealed Carry CCW Laws and Information on carryconcealed.net
  254. ^ South Carolina Concealed Carry Permit Information on USACarry.com
  255. ^ State v. Dickey and S.C.'s "stand your ground" law
  256. ^ South Dakota Attorney General — South Dakota Firearm Laws
  257. ^ South Dakota Secretary of State — Concealed Pistol Permits
  258. ^ South Dakota Concealed Carry CCW Laws and Information on carryconcealed.net
  259. ^ South Dakota Concealed Carry Permit Information on USACarry.com
  260. ^ "Governor Rounds Signs Bills into Law", South Dakota State News, March 13, 2009
  261. ^ South Dakota Secretary of State — Firearm Laws
  262. ^ Firearms Laws for South Dakota on nraila.org
  263. ^ a b NRA/ILA Firearms Laws for Texas
  264. ^ Texas Concealed Handgun Laws
  265. ^ Texas Legislature Online — History of Senate Bill 378
  266. ^ Texas H.B. 1815
  267. ^ Texas Concealed Carry CCW Laws and Information on carryconcealed.net
  268. ^ Texas Concealed Carry Permit Information on USACarry.com
  269. ^ Utah Code; Title 76 Utah Criminal Code; Chapter 10 Offenses Against Public Health, Safety, Welfare, and Morals Section 523 Persons exempt from weapons laws
  270. ^ Utah Code; Title 76 Utah Criminal Code; Chapter 2 Principles of Criminal Responsibility; Section 405 Force in defense of habitation
  271. ^ University of Utah v. Shurtleff
  272. ^ NRA/ILA Firearms Laws for Vermont
  273. ^ Constitution of the State of Vermont, on the Vermont Legislature web site
  274. ^ a b c d Legal Community Against Violence - Virginia Laws, Policies, and Statistics
  275. ^ a b c d NRA-ILA - Synopsis of Virginia Laws
  276. ^ Virginia State Police - Machine Gun Registration
  277. ^ a b Virginia State Parks, FAQ
  278. ^ Attorney General's Opinion on State Park Carry
  279. ^ a b c Virginia Department of Game and Inland Fisheries - Hunting Regulations
  280. ^ a b Virginia Department of Forestry - Handgun Amendment Information
  281. ^ Virginia State Police Letter Confirming Legality of Open Carry
  282. ^ Virginia State Police - Firearms Reciprocity/Recognition
  283. ^ Article I, Section 13. Militia; standing armies; military subordinate to civil power.
  284. ^ Second Amendment Foundation - Firearm Regulation, by John Brabner-Smith
  285. ^ University of Pennsylvania Law Review, Note, 98 (1950): 905. F.J.K.
  286. ^ Virginia State Police - Where Unlawful to Carry
  287. ^ Revised Code of Washington, Chapter 9.41, Firearms and dangerous weapons
  288. ^ Washington State Department of Licensing -- Requirements: Concealed pistol license
  289. ^ Washington Superior Court decision No. 05-1-00161-4, posted on Blogspot.com
  290. ^ Revised Code of Washington 9.41.280
  291. ^ Washington State Department of Licensing -- Alien firearms license
  292. ^ "SAF Court Action Prompts Resumption of WA Alien Firearms License Program", Reuters, January 27, 2009
  293. ^ Washington State Legislature — RCW 9.41.230, "Aiming or discharging firearms, dangerous weapons"
  294. ^ Washington State Office of the Attorney General — Concealed Weapon Reciprocity
  295. ^ Washington State Legislature — RCW 9.41.060, "Exceptions to restrictions on carrying firearms"
  296. ^ RCW 9.41.190. Unlawful firearms - Exceptions.
  297. ^ a b c d Legal Community Against Violence - West Virginia Laws, Policies, and Statistics
  298. ^ a b c d NRA-ILA - Synopsis of West Virginia Laws
  299. ^ West Virginia Constitution - Article III, §3-22. Right to keep and bear arms.
  300. ^ §8-12-5a. Limitations upon municipalities' power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale and storage of certain weapons and ammunition.
  301. ^ a b West Virginia Citizens Defense League - Proposed Legislation - 2. Strengthen the state preemption law
  302. ^ a b c d e West Virginia Citizens Defense League - Charleston City Council Presentation
  303. ^ a b c West Virginia Citizens Defense League - Martinsburg City Council Presentation
  304. ^ a b c d e f West Virginia Citizens Defense League - Places Off Limits While Carrying
  305. ^ Porterfield, Mannix (2008-04-10). "Manchin signs 'Castle Doctrine' bill". The Register-Herald. http://www.register-herald.com/local/local_story_101220344.html. Retrieved 2008-04-27. 
  306. ^ West Virginia Attorney General - Gun Reciprocity Information
  307. ^ "Right-to-Carry 2008", NRA-ILA Fact Sheet
  308. ^ Wisconsin State Statutes and Case Law on opencarry.org
  309. ^ Chapter 948. Crimes against children
  310. ^ Wyoming Attorney General — Concealed Firearm Permits

External links