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Gun laws in the United States by state

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Firearm legal topics of the
United States
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Many US states have legislated gun (firearm) laws, independent of existing federal firearms laws. Some 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. Most US states have a state constitutional provision similar to the Second Amendment of the Bill of Rights. This often raises legal issues on the legality of some of the legislations.

Firearm license-holders are subject to the firearm laws of the state in which they are carrying, and not to the laws of 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, Vermont recognizes a Florida permit, but Florida does not recognize a Vermont permit.


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

Alabama

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

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

In practice, virtually all Alabama county sheriffs as of 2006 issue licenses to all "suitable persons."[1] Application fees and other requirements such as training as well as the conduct of background checks vary from sheriff to sheriff. Alabama permits are honored in 19 states.[2]

Alaska

Alaska is the first state to adopt carry laws mimicking Vermont's (normally referred to as "Vermont Carry,"), in which no license is required to carry a handgun either openly or concealed. However, licenses are still issued to residents who want them for purposes of carrying in other states via reciprocity, to be in complete compliance with Federal Gun Free School Zone act or to not be subject to NICS check when purchasing firearms. The term "Alaska Carry" has been used to describe laws which require no license to carry handgun openly or concealed but licenses are still available for those who want them. Some gun activists prefer move their state to "Alaska Carry" so residents of "Alaska Carry" states have ability to earn permits mainly for the purpose of reciprocity.

Arizona

Right-To-Carry Law Type: Shall IssueThe permits are issued for a 5-year time period. New legislation is removing the 2-hour training requirement for renewal applications. Frequently Asked Questions: What about the renewal? The 47th Legislature, Second Regular session has adjourned! This means that House Bill 2074 (no renewal training) will go into law (amending ARS Title 13-3112) on the 21st of September 2006. Starting on that date you may submit a "renewal packet" to the Concealed Weapon Permit Unit. Your packet needs to include, 1) Application (check the renewal box). 2) completed fingerprint card. 3) a money order, cashiers check, or certified check for $65.00 (payable to AZ DPS). You may take the renewal course through a training organization of your choice.

this mean permit holders do not have to take the renewal class to renew their permit? Once this law takes effect (likely sometime in August or September 2006), it appears that permit holders are no longer required to take the 2-hour renewal class to renew their permit. Applicants will simply submit a renewal packet

Does this mean that AZ permits are good forever? Are they "lifetime permits" now? No, permits must be renewed every five years (or four years for permits issued before August 12, 2005), but no 2-hour training class is required now. The current plan is that permit holders will obtain the renewal packet from existing CCW instructors or they may get them from DPS via mail (or in person). A fillable application on the website has been discussed as well. The applicant will mail the completed packet to DPS along with the appropriate fee and a fingerprint card (unless it is their 2nd or subsequent renewal, then no fingerprint card is required). Note - Every renewal for at least the next four years or so requires a fingerprint card.

Will all other State's permits will be recognized here in AZ? If the permit and permit holder meets these conditions: 1. The permit or license is recognized as valid in the issuing state. 2. The permit or license holder is all of the following: (a) Not a resident of this state. (b) Legally present in this state. (c) Not legally prohibited from possessing a firearm in this state. This means all government (state, county, city) issued bonafide CCW permits will be recognized in AZ if held by a nonresident AND the permit is valid throughout the state of issue. AZ residents MUST carry concealed using an AZ permit - no other permits will be legal, even if there was a previously signed reciprocal agreement. The DPS will enter into new written agreements with states that require a written agreement. Bottom line: AZ residents cannot use another state's permit to carry concealed in AZ.


State of Arizona Conceald Weapon Permit Unit

Arkansas

Right-To-Carry Law Type: Shall Issue The State of Arkansas does not allow concealed carry in a church or any other place of worship. While they have the normal school and federal restrictions, the church addition is different than many states. Act 198 of 2007 which changes Arkansas CHL reciprocity laws will not become effective until July or later this year.

Arkansas State Police Regulatory Services Section

California

California has some of the strictest firearm laws of the United States. The Roberti-Roos Assault Weapons Control Act of 1989, its subsequent augmentation in 1999, and the .50 Caliber BMG Regulation Act of 2004 has led to many restrictions on semi-automatic firearms. In addition to a lengthy list of specific firearms that are banned by name, the following firearms are banned by characteristic:

  • (1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
    • (A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
    • (B) A thumbhole stock.
    • (C) A folding or telescoping stock.
    • (D) A grenade launcher or flare launcher.
    • (E) A flash suppressor.
    • (F) A forward pistol grip.
  • (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
  • (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
  • (4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
    • (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
    • (B) A second handgrip.
    • (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
    • (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
  • (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
  • (6) A semiautomatic shotgun that has both of the following:
    • (A) A folding or telescoping stock.
    • (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
  • (7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
  • (8) Any shotgun with a revolving cylinder.

There are also numerous other laws, such as prohibition on possession of tracer ammunition, handgun armor piercing ammunition, .50 BMG rifles, and the sale or transfer of magazines with a capacity of over 10 rounds. All rifles are normally exempt for the original owner if properly registered at the time of the acts which prohibited them.

In addition, the law states that any weapon that is part of the AR-15 series or AK series is also an assault weapon, regardless of manufacturer; this dates back to 1989 ban, and was confirmed in the Kasler v. Lockyer decision, filed 6/29/2000.[3] However, the California Supreme Court declared the identification of assault weapon by series membership to be too dubious and difficult for the average citizen or even trial court to make without specific and clear model identification guidelines. The court thus set some specific requirements for the "series" identification portion of the law in their ruling of Harrott v. County of Kings, filed 6/28/2001.[4] This decision required banned firearms to be specifically listed by make and model in California Code of Regulations (the "Kasler list"),[5] (it did not address assault weapons defined by features.) Thus, only firearms specifically listed by exact combination of manufacturer and model name, or conforming to explicit exterior characteristics (such as a pistol grip or folding stock in combination with a detachable magazine) can be banned under current legislation.

Once it was realized the California Department of Justice (CA DOJ) has not updated the "Kasler list" in the five years after Harrott decision, many Californians found they could legally purchase and possess AR and AK rifles not yet officially identified as "series" members. As of February 2006, over 10,000 "off-list" receivers (frames) for such rifles have been legally imported to, and purchased within, California. The only requirement for these receivers are that the combination of make and model is not explicitly listed as banned, and as long as the owner does not add certain "characteristic features" turning the firearm into an assault weapon (i.e. pistol grip, flash suppressor, etc). These characteristic features can be used, however, if a nondetachable 10-round (or less) magazine, conforming in the converse to the California Code of Regulations section 978.20 definition of detachable magazine,[6] is affixed to such "off-list" rifles. These off-list rifles can also be used without a pistol grip, folding stock or flash hider, in which case it is legal to own and use them with detachable magazines.

The CA DOJ produced a report from the Ferranto Commission in response,[7] intimating that this list will be updated in early 2006; as of December 2006, it had not done so. On February 1, 2006, the CA DOJ also issued a controversial memorandum about this subject; critics say the described actions are not founded or supported within statutory law in Penal Code 12275-12290. This memo stated that once off-list "series" firearms are declared and registered as assault weapons, they will not be able to have characteristic features added or fixed magazines removed. This is being challenged by pro-gun groups, since there is no criminal violation in the California Penal Code for adding or changing features to a legally-acquired, registered assault weapon.

On November 8, 2005, San Francisco voters enacted Proposition H, a total ban on the manufacture, sale, transfer or distribution of firearms or ammunition in San Francisco, as well as a ban on the possession of handguns within the city by San Francisco residents (excepting peace officers, security guards and the like). The ban did not prohibit possession of weapons other than handguns, nor did it prohibit residents of other cities from possessing handguns in San Francisco. While this measure made San Francisco the third major U.S. city, following Washington, D.C. and Chicago, to enact a ban on handguns, San Francisco's ban extended further, not implementing a grandfather clauses found in Chicago's and Washington D.C.'s laws that protected existing gun owners. Proposition H stated that handgun owners in San Francisco must turn over their handguns to the police by the end of March 2006, have them confiscated, or move outside the city limits. In early 2006, San Francisco Superior Court Judge James Warren struck down the San Francisco handgun ban, asserting that under California law local officials do not have the authority to ban firearms from law-abiding citizens. The National Rifle Association (NRA) opposed the ban from its inception.

Issues with the California laws

As with most gun laws, there is much debate about the legality and effectiveness of California's gun laws. However, both sides agree that there are many firearms that are legal in California that are functionally identical to prohibited weapons, and evidence of the effectiveness of such laws is hard to come by. Both sides also agree that the law needs to be revised to make it more clear so ordinary people can understand what constitutes an assault weapon and what does not.

When the act was being debated in the legislature, the Association of California Cities, a prominent supporter of that act, claimed that California law enforcement agencies feared that some groups in large cities might undertake successful rebellions against civil order if armed with modern weapons. In spite of hundreds of thousands of such "assault weapons" in the public hands for some decades, no such events have ever occurred anywhere in the USA. Prominent members of black churches in L.A., as well as Senators Boxer (D-CA) and Feinstein (D-CA), have claimed that the only real purpose of such weapons is to kill large numbers of people, and therefore there is no reason to permit them. Some gun rights advocates argue that the police commonly carry such weapons in their cruisers and that if the only real purpose of such weapons is to kill large numbers of people then the police should not be carrying them either.

Some gun rights advocates claim that the primary uses of these firearms in civilian hands has been, and continues to be the sport of recreational target-shooting (there were no reported deaths or injuries related to the sport of target shooting in 1999, 2000, and 2001). Most gun rights supporters base their authority on the Second Amendment, which declares the necessity for "a well regulated militia", and prohibits infringement of "the right of the people to keep and bear arms".

Based on engineering differences, ease of modification, and their high level of expertise, California Rifle and Pistol Association (CRPA) members see nothing special about assault weapons except their appearance, which is exactly what the gun collectors want, and what the legislature wants to prohibit. The legislature has thus been accused of being paternalistic and somewhat frivolous for creating the Assault Weapons Control Act. Another example of politically based gun laws is the ban of all ammunition with the word "Magnum" in the name by some parts of Los Angeles, when in fact the word Magnum is rather meaningless in ammunition nomenclature, with its reputation largely based on movies, not ballistics.

Gun rights advocates argue that the only real purpose of these "assault weapons" bans is to make the public used to the idea that firearms can be banned by government action and the public simply must accept any bans that the government chooses to impose in the future. According to gun rights advocates, these bans have purely symbolic and propaganda purposes with no chance of reducing violent crime.

Supporters of the ban counter that the banned features of these weapons were designed for military use. Supporters also argue that the features that define an "assault weapon" make it useless for hunting and less effective for target shooting, but more effective in combat. Gun rights advocates counter that this view exhibits an ignorance of what is involved in, e.g., competitive target shooting, and the features which are desirable in a gun intended for that pursuit. They point out that the military design heritage of the banned "assault weapons" may make for a more rugged and durable gun. They assert that some exterior features on some firearms targeted for ban - such as a pistol grip or a folding stock - lend only a cosmetic similarity to military weapons, and that the removal of these features simply restricts law abiding citizens' rights without reducing crime.

Concealed Carry Laws

California law[8] provides that the Sheriff of a county or a city Police Chief may issue a license to carry a concealed weapon upon proof that the person applying is of good moral character and that good cause exists for the issuance[9]. While it is generally believed to be extremely difficult to obtain a license to carry a concealed weapon (CCW) in California, the difficulty varies greatly by city and county of residence[10]. In some rural counties, qualified applicants are usually successful in obtaining a license, while some cities and counties, such as San Francisco and Los Angeles, are extremely restrictive in what they perceive to be "good cause".

Some argue[11] that the California system for CCW issuance fosters systematic discimination of applicants, as it has been publicized that numerous celebrities and government officials have been issued CCW licenses in cities and counties where the general public have been consistantly denied.

Colorado

Right-To-Carry Law Type: Shall Issue The new Concealed Weapon Permit law, Senate Bill 03-24, effective May 18, 2003, requires Colorado Sheriffs to issue permits to individuals who meet the statutory requirements. In accordance with SB03-24, all applications will be submitted through your local sheriff’s office. The laws are similar to other states, but has a member of the Armed Forces clause. For purposes of this part 2, a person who is a member of the armed forces and is stationed pursuant to permanent duty station orders at a military installation in this state, and a member of the person's immediate family living in Colorado, shall be deemed to be a legal resident of the state of Colorado.

One interesting State Statue is 33-14-117 Prohibits hunting or carrying weapons and hunt any wildlife from a snowmobile.

Connecticut

Like Alabama, Connecticut is a "may issue" state that is close to "shall issue" in practice. Unlike a true "shall issue" state, Connecticut authorities may deny a permit even in the absence of a prior criminal history, but unlike most "may issue" states, issuing authorities by law must not be "arbitrary or capricious" when evaluating the suitability of the applicant. The applicant need not demonstrate a compelling need. Unless questions arise involving the mental capacity of an otherwise qualified applicant, the permit is issued.[12]

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

Connecticut allows all NFA firearms except for selective fire machineguns. Selective fire machineguns existing in Connecticut before they were banned are grandfathered.

Delaware

Right-To-Carry Law Type: Restrictive May Issue Pursuant to 11 Del.C. § 1441(j), as of July 11, 2003, Delaware law allows residents of other states who have been issued a concealed deadly weapon license or permit by certain other states to lawfully carry concealed deadly weapons in Delaware if the state that issued the permit or license also recognizes Delaware's concealed deadly weapons licenses, and if Delaware's Attorney General also determines that the concealed deadly weapons licensing or permit laws in the issuing state "afford a reasonably similar degree of protection as is provided by licensure in Delaware." The Attorney General has determined that only states that require proof of training in firearms safety as a part of their licensing or permit process can meet this requirement.

When applying for a permit in Delaware you must apply at the Prothonotary

District of Columbia

CCW Laws District of Columbia Right-To-Carry Law Type:May Issue The Chief of Police of the District of Columbia may, upon the application of any person having a bona fide residence or place of business within the District of Columbia or of any person having a bona fide residence or place of business within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful authorities of any State or subdivision of the United States, issue a license to such person to carry a pistol within the District of Columbia for not more than 1 year from date of issue, if it appears that the applicant has good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol and that he or she is a suitable person to be so licensed. The license shall be in duplicate, in form to be prescribed by the Mayor of the District of Columbia and shall bear the name, address, description, photograph, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, and the duplicate shall be retained by the Chief of Police of the District of Columbia and preserved in his or her office for 6 years. (July 8, 1932, 47 Stat. 651, ch. 465, § 6; 1973 Ed., § 22-3206; 1981 Ed., § 22-3206; May 21, 1994, D.C. Law 10-119, § 15(e), 41 DCR 1639.)

§ 22-4503. Unlawful possession of firearm [Formerly § 22-3203].

(a) No person shall own or keep a firearm, or have a firearm in his or her possession or under his or her control, within the District of Columbia, if: (1) Such person is a drug addict; (2) Such person has been convicted in the District of Columbia or elsewhere of a felony; (3) Such person has been convicted of violating § 22-2701, § 22-2722, or §§ 22-3502 to 22-3506; or (4) Such person is not licensed under § 22-4510 to sell weapons, and such person has been convicted of violating this chapter. (b) No person shall keep a firearm for, or intentionally make a firearm available to, such a person, knowing that such person has been so convicted or that such person is a drug addict. Whoever violates this section shall be sentenced to imprisonment for not more than 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence.

§ 22-4502.01. Gun free zones; enhanced penalty [Formerly § 22-3202.1] (a) All areas within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing as defined in 42 U.S.C.S. § 1437a(b), the development or administration of which is assisted by the United States Department of Housing and Urban Development, or in or around housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority, or an event sponsored by any of the above entities shall be declared a gun free zone. For the purposes of this subsection, the term "appropriately identified" means that there is a sign that identifies the building or area as a gun free zone. (b) Any person illegally carrying a gun within a gun free zone shall be punished by a fine up to twice that otherwise authorized to be imposed, by a term of imprisonment up to twice that otherwise authorized to be imposed, or both. (c) The provisions of this section shall not apply to a person legally licensed to carry a firearm in the District of Columbia who lives or works within 1000 feet of a gun free zone or to members of the Army, Navy, Air Force, or Marine Corps of the United States; the National Guard or Organized Reserves when on duty; the Post Office Department or its employees when on duty; marshals, sheriffs, prison, or jail wardens, or their deputies; policemen or other duly-appointed law enforcement officers; officers or employees of the United States duly authorized to carry such weapons; banking institutions; public carriers who are engaged in the business of transporting mail, money, securities, or other valuables; and licensed wholesale or retail dealers. (1981 Ed., § 22-3202.1; July 8, 1932, 47 Stat. 650, ch. 465, § 2a, as added Aug. 18, 1994, D.C. Law 10-150, § 3(b), 41 DCR 2594; ________, 2006, D.C. Law 16- (Act 16-482), § 223(b), 53 DCR 8610.)

Florida

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? Yes 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.[13]

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". (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 is not permitted in any public area, except for lawful self-defense or hunting. (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 permitted.) State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.)

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

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

As of October 1, 2005, Florida became a castle law state, and requires no retreat when inside one's home, one's place of business, or even one's tent at a campground site. Some have referred to this as a "shoot first" law.[14]

Florida law allows private firearm sales between individuals 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 the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty different states, while the non-resident Florida Concealed Weapon License is recognized in twenty-seven states.[15]

Georgia

  • Right-To-Carry Law Type: Shall Issue. Through an unofficial opinion of the Georgia Attorney General it states "Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit. The exemption is not limited to the performance of military duty. These personnel may, upon request, obtain a firearms permit if otherwise qualified. Their dependents may be issued a permit if otherwise qualified only upon establishing residency in this state. Law enforcement officers are also exempt from the requirement to obtain a permit.

Hawaii

Right-To-Carry Law Type: Restrictive May Issue In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant a license to an applicant who is a citizen of the United States of the age of twenty one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted. Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 1347 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted. The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases, where the applicant is not a citizen of the United States, before any determination to grant a license is made. Unless renewed, the license shall expire one year from the date of issue.

Not many permits are issued, as the standard of "exceptional" case is tough to prove.

Idaho

Right-To-Carry Law Type: Shall IssueISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS. (1) The sheriff of a county, on behalf of the state of Idaho, shall, within ninety (90) days after the filing of an application by any person who is not disqualified from possessing or receiving a firearm under state or federal law, issue a license to the person to carry a weapon concealed on his person within this state. For licenses issued before July 1, 2006, a license shall be valid for four (4) years from the date of issue. For licenses issued on or after July 1, 2006, a license shall be valid for five (5) years from the date of issue

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 Automatic weapons and short-barreled rifles and shotguns prohibited.
Peaceable journey laws? No No

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

To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the state police. Generally a FOID will be granted unless the applicant has been convicted of a felony or an act of domestic violence, has been convicted of assault or battery or been a patient in a mental institution within the last five years, or is the subject of an order of protection. There are additional requirements for applicants under the age of 21.[16]

There is no state preemption of firearm laws, with the result that some localities have outlawed the possession of handguns. This includes the Chicago suburbs of Winnetka,[17] Wilmette,[18] Morton Grove,[19] Evanston,[20] and Oak Park.[21] Highland Park also prohibits handguns, unless the resident has obtained a permit from the police.[22] Some municipalities, most notably Chicago, require that all firearms be registered with the local police department. Chicago does not allow the registration of handguns, which has the effect of outlawing their possession, unless they were grandfathered in by being registered before 1982.[23] Additionally, Cook County has banned assault weapons and magazines with the capacity to accept more than ten rounds of ammunition.[24] Other municipalities have also enacted various firearm restrictions.[25] 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 the few states that has no provision for the concealed carry of firearms by citizens. Open carry is also illegal, except when hunting. When a firearm is being transported, it must be unloaded and enclosed in a case.

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

Indiana

Indiana[26] has enacted state preemption of firearm laws. However, local laws passed before 1994 or for certain narrowly defined emergency situations are valid.

Indiana is a "shall issue" state for concealed carry. A CCW license 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". Application for a license must be made to the local police department, or absent that to the county police department. It is illegal to carry a concealed weapon 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. Indiana honors CCW licenses issued by many other states, 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 that 18 years old, or less that 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 are prohibited. The possession of any firearm by a person less than 18 years old is subject to a number of restrictions.

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.[27]

Iowa

Right-To-Carry Law Type: Reasonable May Issue Chapter 724 of the Iowa Code authorizes the commissioner of the Iowa Department of Public Safety to provide forms for use by sheriffs for acquiring handguns or for carrying weapons. The forms, procedures and training requirements are further defined in Administrative Rules, 661, Chapter 4. Although these forms are available for downloading from this site, they are primarily being provided for informational purposes.

Iowa residents applying for permits to acquire pistols or revolvers or for permits to carry weapons must check with their respective sheriff's office for the application procedure for that county. Sheriffs may elect to include or not include the use of these forms in their application process.

Kansas

Despite a relative lack of firearms legislation, Kansas remained one of the few states with no provision for the concealed carry of firearms until March of 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.[28] The bill was passed 30-10 in the state senate and 91-33 in the state house of representatives, gaining enough votes to override veto from Governor Kathleen Sebelius (D), who had previously vetoed several other attempts at concealed carry in the past. 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.

Additionally, Kansas heavily restricts possession and ownership of National Firearms Act weapons. Machineguns are illegal except for ones that have been deactivated. Kansas also bans sound suppressors (silencers), short barrel shotguns, and explosive destructive devices.

Kentucky

Right-To-Carry Law Type: Shall Issue The Kentucky State Police was authorized by KRS 237.110 to issue and renew licenses to carry concealed firearms or other deadly weapons, or a combination thereof, to qualified persons. Effective July 12, 2006 proof of US Citizenship must be provided at the time of application. CCDW Application Process An applicant for a CCDW license must complete an application form at the sheriff's office in his or her county of residence. The applicant must also pay the $60 application fee at the time of application (active and retired peace officers that meet the requirements of KRS 237.110(7) are exempt from paying the application or renewal fee).

Louisiana

Right-To-Carry Law Type: Shall Issue Pursuant to Act 470 of the 2004 Regular Session, the State of Louisiana has enacted new legislation concerning reciprocity for concealed handgun permits. This act, which became effective August 15, 2004, amended R.S. 40:1379.3(T)(1) to provide:

"…A current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states."

Maine

Right-To-Carry Law Type: Shall Issue The issuing authority shall, upon written application, issue a permit to carry concealed firearms to an applicant over whom it has issuing authority and who has demonstrated good moral character and who meets the requirements listed in 25 M.R.S.A section 2003.

Maryland

Maryland tightly restricts the issuance and use of concealed carry permits. An individual must either prove that their employment requires the transportation of large amounts of cash or, in the case of security guards and private detectives, that the use of a handgun is required to perform his or her duties. Individuals citing personal protection must produce documentation of death threats supported by police reports; even then, permits have been denied in some cases. Almost all permits have tight restrictions on their use; for example, a licensed business owner or employee may only legally carry concealed while in the act of transporting cash from his or her business.[29]

Massachusetts

Massachusetts Law requires firearm owners to be licensed through the Massachusetts Criminal History Board. A license is required by state law for buying firearms and ammo. An applicant must have passed a State approved firearm safety course before applying for a license through their local Police department. All applications, interviews, fees, and fingerprinting are done at the local Police Department then sent electronically to the Massachusetts State Police 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 four different types of Firearm licenses issued in the state; starting with the most restrictive license, the Firearm Identification license (FID) only allows the ownership of longarms that hold 10 rounds or less in their magazines, the Class B "License To Carry" allows the ownership of handguns which hold 10rds or less or longarms with any capacity magazine, Class A "LTC" allows the ownership of any capacity handgun, or longarm. In addition only a special unrestricted Class A LTC allows a civilian to conceal carry a handgun, a Chief LEO may restrict the Class A LTC to target & hunting only which then forbids CCW, and the final license is only issued for "Machine guns." Conceal carry is restricted from all Federal and state buildings including schools, state parks and forests but there are no other restrictions on where one can carry in the state. A interesting note is that there are no state laws governing the practice of Open Carry, to do so is at ones own risk, and it is highly advisable not to carry in any urban or residential areas. All private sales are required to be registered through a FA-10 form with the Criminal History Board, Firearm Records division. Magazines above ten round capacity are restricted to LEOs only, except for ones owned before the 1994 ban. The state has an assault weapons ban similar to the expired Federal ban. Massachusetts is a "may issue" state in all classes of LTCs, are issued in a highly discretionary manner. FIDs are "Shall issue", except if the applicant fails a background check. For all travelers passing through should be aware that Massachusetts law does not reconginze the Firearm Owners' Protection Act. There are a few exceptions that are made under State law which require all firearms to be stored safely (unloaded) in a locked container sepreate from the ammo, peferably in the trunk of the vehicle. Any firearms that are found to be unsecure may be confiscated by the Police. For more info check out www.goal.org

Michigan

In Michigan, rifles, shotguns, and handguns may be purchased by anyone 18 or over who is not subject to restrictions that are usually based on criminal or mental health history. A License to Purchase is required to purchase a handgun, and all handguns must be registered with the state. Michigan's concealed carry law is "shall issue," meaning that anyone over 21 may obtain a license to carry a concealed handgun if they are not prohibited from owning firearms, have not been found guilty or been accused of certain felonies or misdemeanors within a certain time period, and have completed state approved firearms training. Open carry is legal in Michigan, and the state claims complete preemption of laws in regards to ownership and carriage of firearms. Michigan used to not allow ownership of NFA firearms, though Attorney General Mike Cox has written an Attorney General's Opinion that may soon allow machine guns to be legally transferable to Michigan residents who comply with federal laws.

Minnesota

Right-To-Carry Law Type: Shall Issue With a carry permit one may carry in the open or concealed in all legal areas. Applications are to be made at the local county sheriff where the applicant resides.

Frequently Asked Questions: Where can I get a permit to carry a pistol? For Minnesota residents, individuals may obtain permits to carry a pistol by submitting an application and other related documentation to the sheriff in the county where the applicant resides. Non-residents may apply to any Minnesota county sheriff

What are the requirements for getting a permit to carry? Must be at least 21 years of age. Must complete an application form. Must not be prohibited from possessing a firearm. 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 prior to applying for a permit to carry.

Mississippi

Right-To-Carry Law Type: Shall IssueThe applicant must be a resident for twelve (12) months or longer immediately preceding the filing of the applications. This may be waived for active Military or having an active permit from another state.

Missouri

Right-To-Carry Law Type: Shall Issue The applicant must be a state resident for 6 months prior to application, 23 years old and meet the requirements listed in the statute.

Montana

Right-To-Carry Law Type: Shall Issue Montana law prohibits people from carrying concealed weapons inside city, town or logging camp limits and also contains some limits on carrying concealed weapons outside of city limits. However, a person may carry concealed weapons in many instances if he or she has a valid Montana or out-of-state permit to do so. Applicants must also be a state resident for 6 months prior to application and 18 years old.

Nebraska

Nebraska is a free state in reguards to gun ownership. All guns can be owned in the state including registered Machineguns, Destructive devices and Silencers. All can be owned. In nebraska if you can own a handgun and you do the simple federal paperwork, you can own any weapon you want.

Right-To-Carry Law Type: Shall Issue Applications must be made at the Nebraska State Patrol Troop Area Headquarters or the Criminal Identification Division in Lincoln. Proof of US Citizenship, and vision is also required.

Nevada

Nevada law does not require registration of rifles, however, handgun owners must register their weapons with most counties. In addition, concealed carry is not permitted without a CCW permit issued by the counties. A person must take a class to receive the CCW concealed carry permit and must qualify by demonstrating use of the exact model handgun that the person will carry.

Right-To-Carry Law Type: Shall IssueNevada has an open carry law that permits a person to carry a handgun in plain view, however, there are exceptions. For instance, Clark County requires you to have a registration to open carry, and you must carry your registration with you when you are carrying a gun. Some cities such as North Las Vegas and Boulder City have "deadly weapon" laws, and you could be cited or arrested if you pass through their jurisdictions with a firearm in your vehicle. The make model and caliber of each firearm to be listed on the permit is also required. An individual may have up to 12 firearms on one permit.

New Hampshire

Right-To-Carry Law Type: Shall Issue You may carry in New Hampshire without a permit fully exposed. You may carry concealed as long as you do not have any ammunition on your person. The concealed carry is a full privilege concealed carry license with normal restrictions. Frequently Asked Questions: The NH Non-Resident Pistol License does not contain the wording "carry concealed." Can I "carry concealed" with this license? Yes, a license issued under RSA 159:6 is a full privilege concealed carry license.

I would like to bring my handgun into New Hampshire, yet I don’t have a license to carry concealed. How may I carry? You may carry unloaded in your vehicle. Be sure that the ammunition is separate from the gun.  You may carry loaded on your person. The weapon needs to be fully exposed. For example, it may not be concealed by a shirt or a jacket, or located in a backpack.  You may carry unloaded and concealed on your person, so long as you do not possess any ammunition on your person.  Please refer to RSA 159 for additional information

New Jersey

In New Jersey, firearm owners are required to get a Firearm Purchaser card for the purchase of a rifle, shotgun or handgun. To purchase a handgun, a separate permit is needed from the state for each handgun to be purchased and expires after 90 days. NJ law says that the handgun purchase permit must be issued within 30 days, but it is not uncommon for it to take several months to be issued. Capacities of both handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds or less. New Jersey also bans the use of hollowpoint ammunition. New Jersey has its own ban on various semi-automatic firearms as well.[30] None of these firearm laws apply to the police.

New Mexico

Right-To-Carry Law Type: Shall Issue Requirements include proof of US Citizenship and a New Mexico resident. Concealed guns of the same caliber and category than is indicated on the permit and only one concealed handgun at a time. The applicants must also pass a health examination to verify addition to alcohol or controlled substances. Can I drink alcohol while carrying? No. Pursuant to NMSA 1978 Section 30-7-4, no person shall carry a concealed handgun while impaired by the use of alcohol, controlled substances, or over-the-counter or prescribed medications. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm, and is a petty misdemeanor; however, it is a felony crime to carry a firearm, loaded or unloaded, into any area of any licensed liquor establishment in the State of New Mexico (See Sections 30-7-2 and 30-7-3, NMSA 1978). There is not an exception in the law for those who have obtained concealed firearms licenses. If though you may have a valid concealed firearm license, you shall not carry any firearm, loaded or unloaded, into any licensed liquor establishment. A licensed liquor establishment is any business licensed to sell, serve and/or permit the consumption of alcoholic beverages on the premises; or any establishment which has been issued a license by the New Mexico Regulation and Licensing Department’s Alcohol and Gaming Division to sell, serve or dispense alcoholic beverages for consumption on, or off, the licensed premises. There are a wide variety of “licensed liquor establishments” in New Mexico, including: saloons, bars, taverns, pubs, nightclubs, restaurants, pizza parlors, golf courses, country clubs, private and fraternal clubs, racetracks, sportplexes, coliseums, pavilions, concert theaters, hotel lounges, gas stations, convenience stores, grocery stores, supermarkets, mixed product stores (i.e. Wal-Mart, Costco, Walgreen’s, Sam’s Club, Furr’s, Smith’s, Raley’s, etc…) It is a felony to carry any firearm, loaded or unloaded, into any area of these businesses (See Sections 60-3A-3.M, & 30-7-3, NMSA 1978).

Can an owner of private property prohibit me from carrying my concealed handgun on his premise? Yes. Pursuant to Subsection C of NMSA 1978 Section 29-19-12, any person lawfully in possession of private property may prohibit the carrying of concealed handguns on such private property by posting notice in accordance with NMSA 1978 Section 30-14-6 or by verbally notifying persons entering upon the property.

New York

New York State has a ban that is an exact mirror of the Federal assault weapons ban, except that it does not have a sunset provision.

New York's laws are not uniform throughout the state. New York City is known for having some of the strictest gun laws in the country.

On May 24, 2005, the New York State Assembly passed a bill to change the definition of 'assault weapons' and calling for ballistic fingerprinting of all firearms. The bill does not appear to be under consideration in the Senate.

New York is a particularly interesting case, because New York separates all of New England from the bulk of the United States. This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with "assault weapons" must have the weapons unloaded and locked in a hard case where they are not readily accessible.

North Carolina

Legal Overview: Right-To-Carry Law Type: Shall IssueThe North Carolina General Assembly enacted a concealed handgun law that allows qualifying citizens of North Carolina the opportunity to obtain a permit to carry a concealed handgun. This law became effective on December 1,1995, and requires that the permit be secured from the sheriff of the permittee's county of residence. Once issued, the permit is valid throughout the state for a period of five years, unless it has been revoked. Crossbows are also considered in this section of the law and must have permits

North Dakota

Right-To-Carry Law Type: Shall Issue Applicants must be 18 years old and follow the process. The permits prohibit carrying in churches, gaming sites, liquor establishments, and any public gathering. Please note that some states that require permits at 21 may not recognize a permit from a state with an 18-year-old requirement. The “Castle Doctrine” bill passed both chambers with strong bipartisan support. It passed the Senate on March 23 ,2007 by a 44-2 margin, and in the House on April by a margin of 80-13. The legislation states that if a criminal breaks into your occupied home, your vehicle or your place of business, you may use any manner of force against that person and do not have a “duty to retreat” if threatened with great bodily harm or death.

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.[31]

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, 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.” No matter what any local judge says, the law is clear according to the Ohio Supreme Court. It 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

The new CCW rules fall under ALL of these requirements

a. They are part of a statewide law that anyone can understand b. they apply to ALL parts of the state and create a uniform law that ALL must follow c. they set forth new rules that ALL peace officers MUST follow d. they set a code of conduct upon all citizens that have the CCW. And require that code be followed.

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 issued by the state at no cost to you, clearly posted by your entrances aprovision of the Ohio statute is perhaps its motor vehicle carry section (ORC 2923.16). This section allows for three ways for a licensee to carry a concealed handgun in a motor vehicle (which includes motorcycles):

  • In a locked glove compartment;
  • In a locked case that is in plain sight;
  • In a "holster attached to a person's person that is in plain sight."

Ohio law does define "in plain sight" for the purposes of concealed carry as of March 2007 barring any successful legal challenge. This is a non issue as this clearly falls under what is considered a "General Law" of the state of Ohio and as such it superceeds any and all local laws or "home rule" made laws as it is illegal and Unconstitutional in the state of Ohio for a local law to overturn a "general law"of the state of Ohio.

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 removing the above mentioned requirements for carrying a weapon in a vehicle.[32]

Oklahoma

Right-To-Carry Law Type: Shall Issue Applicants must be 21, a citizen of the United States and a current state resident. A person on active military duty, National Guard duty or regular military reserve duty who is a legal resident of this state and who is trained and qualified in the use of handguns is exempt from the training course. Title 21 also states that any occupant of a dwelling is justified in using any degree of physical force, including but not limited to deadly force, against another person who has made an unlawful entry into that dwelling and with the occupant has a reasonable belief that such other person might use any physical force, no matte how slight, against any occupant of the dwelling.

Oregon

Oregon is a shall-issue concealed pistol license state, and is notable for having very few restrictions on where a concealed firearm may be carried. For example, Oregon is one of the few states where a concealed handgun may be carried in any public school. Oregon has statewide preemption for its firearm laws.

There is an ongoing battle between some localities and the state, with localities, particularly in Multnomah county, trying to supersede state preemption and restrict concealed weapon carry in certain places not restricted by the state.[33]

Pennsylvania

Right-To-Carry Law Type: Shall Issue An individual who is 21 years of age or older may apply for a license to carry firearms by submitting a completed Application for a Pennsylvania License to Carry Firearms to the sheriff of the county in which they reside or if a resident of a city of the first class, with the chief of police of that city along with the required fee. If the PICS check is approved and the subject is of good character, the sheriff may issue a License to Carry Firearms. The issuance of a License to Carry Firearms allows individuals to carry a firearm concealed on or about their person, or in a vehicle throughout this Commonwealth. The license is valid for a period of five (5) years unless sooner revoked.

NOTE: A license to carry firearms is NOT a license to purchase. Individuals who purchase a firearm from a licensed dealer are required to have a background check conducted regardless of whether they have a license to carry firearms or not.

Pennsylvania HB 760 is requiring gun registration. The exceptions would be for law enforcement, and guns not in working order. This is a warning for any one living in this state, you may have legislation next year to pick the guns up, unless you are a criminal and then you ignore the law anyway.

HOUSE BILL No. 760 Session of 2007

Rhode Island

Right-To-Carry Law Type: Restrictive May Issue The Attorney General may issue a license or permit to carry a pistol or revolver to any person twenty-one (21) years of age or over upon showing of need. The Questions asked by the governing statutes leave the ability for the Attorney General to deny applications for almost any reason. Question number 2 states "Can the applicant readily alter his or her conduct, or undertake reasonable measures other than carrying a loaded firearm, to decrease the danger to life, limb or property?

Frequently Asked Questions: Are stun guns legal? RHODE ISLAND: Illegal General Laws of Rhode Island. Title 11, Chapter 47. Statute Subsection 11-47-42. Weapons other than firearms prohibited. - (A) No person shall carry or possess or attempt to use against another, any instrument or weapon of the kind commonly known as a *** stun gun ***. Any person violating the provisions of this subsection, shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, and the weapon so found shall be confiscated. SUMMARY: Possession and use of Stunning Devices are banned.

South Carolina

South Carolina is a "shall issue" concealed carry permit state. South Carolina also has "Castle Law" legal protection of the use of deadly force against intruders into one's home, business, or car. Open carry is not allowed, but no permit is required to carry a loaded handgun in the console or glove compartment of a car.

South Dakota

Right-To-Carry Law Type: Shall Issue Local county sheriff or the local police are the issuing authorities. South Dakota does honor all other state permits.

Frequently Asked Questions: How should a firearm be transported? 22-14-9. Carrying pistol or revolver without a permit as misdemeanor. Any person, other than a law enforcement officer when acting as such, is guilty of a Class 1 misdemeanor if he: (1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his person without a permit as provided in chapter 23-7; or (2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle operated by him, without a permit as provided in chapter 23-7. 22-14-9.1. Person possessing concealed pistol to have physical possession of valid permit -- Violation as petty offense -- Charge dismissed. No person may possess a concealed pistol in accordance with chapter 23-7 or this chapter unless that person also has in his or her physical possession a valid South Dakota permit to carry a concealed pistol or a permit effective pursuant to § 23-7-7.3. A violation of this section is a petty offense. However, if within twenty-four hours of being charged with a violation of this section, the person produces a permit to carry a concealed pistol which was valid at the time of the alleged offense in the office of the officer making the demand, the charge shall be dismissed. 22-14-9.2. Holders of permits from reciprocal states subject to South Dakota laws -- Violation a misdemeanor. Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to § § 23-7-7.3, 22-14-9.1, 22-1-49.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. A violation of this section is a Class 1 misdemeanor. 22-14-10. Lawful uses of unloaded pistols or revolvers exempt from concealment prohibition and permit requirement. Section 22-14-9 does not apply to persons who carry one or more unloaded pistols or revolvers for the purpose of, or in connection with, any lawful use, if the unloaded weapon or weapons are carried: (1) In the trunk or other closed compartment of a vehicle; or (2) In a closed container which is too large to be effectively concealed on the person or within his clothing. The container may be carried in a vehicle or in any other manner. Any person who complies with this section may not be required to obtain a permit for the lawful uses herein described.

Tennessee

Right-To-Carry Law Type: Shall Issue The citizens of the state of Tennessee have the right to keep and bear arms for their common defense; but the General Assembly has the power, by law, to regulate the wearing of arms with a view to prevent crime. Any resident of Tennessee who has reached twenty-one (21) years of age may apply to the Department of Safety for a handgun permit. If the applicant is not prohibited from purchasing or possessing a firearm in this state pursuant to T.C.A. Cod 39-17-316 or 39-17-1307(b), 18 U.S.C. 9 (g) or any other state or federal law and the applicant otherwise meets all of the requirements, the department shall issue a permit to the applicant.

Texas

Texas has no laws regarding possession of handguns, shotguns, or rifles by persons 18 years or older without felony convictions; a rifle, shotgun, or other long-barreled firearm may be carried openly, however, a permit to carry is required for handguns (issued only to those 21 and older), and they must be concealed. Also, municipalities may not create their own gun control laws (preemption). [34]

On March 27, 2007, Gov. Rick Perry signed Senate Bill 378 into law, making Texas a "castle law" state when it takes effect September 1, 2007. [35]

Right-To-Carry Law Type: Shall IssueWhat are the requirements for obtaining a license? The concealed handgun law sets out the eligibility criteria that must be met. Your application packet will list them in detail. For example, you must be qualified to purchase a handgun under the state and federal laws. A number of factors may make you ineligible to obtain a license, such as: felony convictions and some misdemeanor, including charges that resulted in probation or deferred adjudication, pending criminal charges, chemical or alcohol dependency, certain types of psychological diagnoses, protective or restraining orders, or defaults on taxes, governmental fees, student loans or child support. See GC § 411.172. The application packet also will include information about materials you need to return with your application packet. These include two recent color passport photos, two sets of fingerprints taken by a law enforcement agency employee or a private entity designated by a law enforcement agency as an entity qualified to take fingerprints of an applicant for a license, a copy of your Texas driver license or identification card, and a notification of completion form (TR 100) from a DPSauthorized training course. After receiving completed application packets, DPS will conduct background checks of juvenile records for the previous 10 years and of all adult records.

Utah

State Requirements


Rifles and Shotguns

Permit to purchase rifles and shotguns? No.

Registration of rifles and shotguns? No.

Licensing of owners of rifles and shotguns? No.

Permit to carry rifles and shotguns? No.


Handguns

Permit to purchase handgun? No.

Registration of handguns? No.

Licensing of owners of handguns? No.

Permit to carry handguns? Yes. A permit is required if concealed.

Vermont

Vermont is notable in that it has no gun control laws aside from prohibiting counties and other localities from making their own gun control laws (preemption). The only firearm laws that apply in Vermont are federal ones.[36]

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.

Virginia

Virginia allows unlicensed open carry of a handgun that has a capacity of twenty rounds or less, unthreaded barrel and no collapsible stock. (Most handguns fall under this category). Open carry is defined as the gun's true nature is not hidden from general view.

Virginia Concealed Handgun Permit (CHP) holders are exempt from:

  • One gun a month rules [37]
  • Rules regarding open carry firearm restrictions (see above) [38] [39]
  • General College Carry Restrictions [40]
  • Gun Free School Zone act, CHP holders are allowed to have guns on school grounds in their personal vehicles as long as they stay in the car and the gun remains concealed [41] [42]
  • Ban regarding firearms in VA General Assembly.

Virginia CHPs are shall issue.[43]

Open Carry is done throughout the state mainly by Concealed Carry Permit Holders. Note that CHP holders may only open carry inside a restaurant which serves alcohol. In more rural parts of Virginia, open carry is more common as a CHP costs money that some rural residents may not be able to afford.

In urban areas, open carry is extremely uncommon, but not unheard of nor illegal under Virginia State law. However, local law enforcement has been known to stop and question individuals who do so.

Under Virginia code, localities may no longer regulate the firearms with sole exception of regulation of discharge of firearms.[44]

NFA34 weapons are allowed under Virginia state law but machine guns must be registered with Virginia State Police.

Washington

Washington is one of the original "shall issue" states, in which a concealed pistol permit must be issued to any applicant, age 21 or older, who meets certain requirements, including no felony convictions, no misdemeanor domestic violence convictions, and no outstanding warrants.[45][46] Furthermore, a concealed pistol license is not required to carry a concealed pistol if the person carrying the firearm is in route to, in route from, or actively participating in a "legitimate outdoor activity".[47] Open carrying of firearms, including pistols, is questionable. The law does not ban this practice, but it does not endorse it either, and trouble with law enforcement has been encountered while open carrying in the past, most notably in a case in Ellensburg, Washington.[48]

Although Washington state is typically liberal on firearms issues, it is one of seven states that bans civilian ownership of fully automatic weapons. Washington may allow ownership of a firearm silencer, but using one is prohibited by CW 9.41.250(3) which makes it a gross misdemeanor to "Use[s] any contrivance or device for suppressing the noise of any firearm."

Washington is a "Castle Doctrine" 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.

West Virginia

Right-To-Carry Law Type: Shall Issue Applications are available at the county sheriff of legal residency.

Frequently Asked Questions: Who do I ask questions concerning the process for obtaining concealed weapons permits? Contact the sheriff of the county where you reside.

I live outside of West Virginia and I have a concealed carry permit for a firearm in my home state. Does West Virginia honor my permit? West Virginia currently honors concealed weapon permits issued by the State of Kentucky and by the State of Virginia to its residents. Currently, no other out-of-state concealed carry permits are honored. Our law was changed to permit reciprocal agreements with other states and our Governor's Office is beginning that process. Please consult with authorities in your state in order to determine if a reciprocal agreement has been made with West Virginia. Virginia has recently begun issuing non-resident permits. West Virginia is in the process of determining whether Virginia non-resident permits will be honored and that information will be posted as soon as it becomes available

Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia? Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm

Wisconsin

Wisconsin is one of the few remaining states where concealed carry by ordinary citizens is still illegal. Open-carry is legal except where prohibited by law (government buildings, schools, and places that sell liquor), but, in the words of one Wisconsin resident, "you will attract the attention of every police officer in the area."[49] Some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with Disorderly Conduct. Inside vehicles, the firearm must be both unloaded and encased; having a loaded firearm on the front seat was held to be concealed and therefore illegal in a 1994 case. Bills to enact shall-issue were twice vetoed by Governor Jim Doyle in January 2004 and again in January 2005 after passing in both houses of the Wisconsin legislature. In 2005, the Assembly fell two votes short of overriding Doyle's veto.

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

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

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

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

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

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

Wisconsin has a state pre-emption law that generally forbids cities from passing firearms ordinances more strict than that of state law. Statute 66.0409. This doesn't affect zoning regulations, which is why only one Madison gun shop sells handguns.

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 are a:

  • Felon
  • Committed a felony as a juvenile
  • Not guilty of a felony by reason of mental disease or defect
  • Committed under mental health laws & 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 & Selling: There is a 48-hour waiting period on handgun transfers: Statute 175.35

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

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

Class 3 Firearms: Machine guns are legal if you follow BATFE process, state statute 941.27

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

Silencers are legal if you follow BATFE process, statute 941.298

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

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

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

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

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

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

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

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

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

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

Firearms in vehicles: In this section, unloaded = "Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm." Encased = "enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed." Statute 167.31

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

Aircraft: Firearms must be unloaded and encased.

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

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

Wyoming

Right-To-Carry Law Type: Shall Issue

Frequently Asked Questions: What are the qualifications for obtaining a concealed firearm permit? Any Wyoming resident who has satisfied the requirements of W.S. § 6-8-104 (b) (c) and (g), may obtain a permit. Wyoming Concealed Firearm Permit Statute

How do I apply for a permit? Complete an application and submit it to the sheriff's office in the county of which you reside.

5. Where is my permit not valid for purposes of carrying a concealed firearm? No permit issued pursuant to Wyoming law or any permit issued from any other state shall authorize any person to carry a concealed firearm into:  Any facility used primarily for law enforcement operations or administration without the written consent of the chief administrator;  Any detention facility, prison or jail;  Any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in the courtroom;  Any meeting of a governmental entity;  Any meeting of the legislature or a committee thereof;  Any school, college or professional athletic event not related to firearms;  Any portion of an establishment licensed to dispense alcoholic liquor and malt beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;  Any place where persons are assembled for public worship, without the written consent of the chief administrator of that place;  Any elementary or secondary school facility;  Any college or university facility without the written consent of the security service of the college or university; or  Any place where the carrying of firearms is prohibited by federal law or regulation or state law or regulation.

See also

Notes and references

  1. ^ Packing.org Concealed carry laws and summaries: Alabama
  2. ^ Alabama Reciprocal Pistol Permit (Concealed Carry) Agreements
  3. ^ Kasler v. Lockyer, Cal.4th (2000)
  4. ^ Harrott v. County of Kings, California Supreme Court (2001)
  5. ^ California Code of Regulations, Title 11, Division 1, Chapter 12.9: Assault Weapons Identification
  6. ^ California Department of Justice Regulations for Assault Weapons and Large Capacity Magazines
  7. ^ California Department of Justice Memorandum on Commission Changes, December 20, 2005
  8. ^ California Penal Code Section 12050
  9. ^ CaliforniaConcealedCarry.com -- Concealed Weapon Permits (CCW) in California
  10. ^ CaliforniaConcealedCarry.com -- Counties and Cities
  11. ^ California CCW Discussions on CCW Issuance Policies
  12. ^ Packing.org Concealed carry laws and summaries: Connecticut
  13. ^ Florida Statutes, Chapter 790: Weapons and Firearms
  14. ^ ShootFirstLaw.org, a project of the Brady Campaign to Prevent Gun Violence
  15. ^ Florida Department of Agriculture and Consumer Services - Division of Licensing
  16. ^ Illinois State Police -- Firearm Owner's Identification Information
  17. ^ Village of Winnetka -- Alphabetic Guide to Village Services
  18. ^ Wilmette, IL Code of Ordinances
  19. ^ Morton Grove, Illinois Village Code section 6-2-3
  20. ^ Evanston, Illinois City Code section 9-8-2
  21. ^ Oak Park, Illinois Village Code section 27-2-1
  22. ^ City of Highland Park City Code
  23. ^ "Chicago Gun Law Spurs Deluge of Applications", New York Times, April 13, 1982
  24. ^ Cook County Clerk's Office -- November 14, 2006 Ordinances ordinance 06-O-50
  25. ^ Illinois State Police -- Municipal Ordinances Relating to Firearms
  26. ^ Indiana Code Title 35 Article 47: Weapons and Instruments of Violence
  27. ^ Indiana Code Title 34 Article 12 Chapter 3: Legal Actions Involving Firearms and Ammunition
  28. ^ Kansas Attorney General -- Concealed Carry
  29. ^ Packing.org Concealed carry laws and summaries: Maryland
  30. ^ New Jersey Administrative Code -- Title 13: Law and Public Safety -- Chapter 54: Firearms and Weapons
  31. ^ Ohio Attorney General -- Concealed Carry
  32. ^ Buckeye Firearms Association -- "House Bill 347, Sweeping Firearms Law Reform Bill, headed to Governor Taft"
  33. ^ Oregon Firearms Federation
  34. ^ NRA/ILA Firearms Laws for Texas
  35. ^ Texas Legistlature Online - History of Senate Bill 378
  36. ^ NRA/ILA Firearms Laws for Vermont
  37. ^ Virginia code § 18.2-308.2:2 Criminal history record information check required for the transfer of certain firearms
  38. ^ Vaguninfo.com Virginia Open Carry Page
  39. ^ Virginia code § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies
  40. ^ Virginia Attorney General Opinion -- Carrying of concealed weapons: Public colleges and universities
  41. ^ Virginia code § 18.2-308.1 Possession of firearm, stun weapon, or other weapon on school property prohibited
  42. ^ Vaguninfo.com - Gun Free Scool Zone Act
  43. ^ Packing.org Concealed carry laws and summaries: Virginia
  44. ^ Virginia Statute 15.2-915 -- State preemption
  45. ^ Revised Code of Washington, Chapter 9.41, Firearms and dangerous weapons
  46. ^ Washington State Department of Licensing -- Requirements: Concealed pistol license
  47. ^ Packing.org Concealed carry laws and summaries: Washington
  48. ^ Washington Superior Court decision No. 05-1-00161-4, posted on Blogspot.com
  49. ^ Packing.org Concealed carry laws and summaries: Wisconsin
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