Gun laws in the United States vary from state to
state and are independent of, though sometimes broader or more
limited in scope than, existing federal firearms laws. Some
U.S. states have also created so-called
assault weapon bans that are independent of, though often similar
to, the expired
federal
assault weapons ban. The state level bans vary significantly in
their form, content, and level of restriction.
Forty-four states have
a provision in their state constitutions
similar to the Second
Amendment of the Bill of Rights
(the exceptions are California
, Iowa
, Maryland
, Minnesota
, New
Jersey
, and New
York
).
Firearm license-holders are subject to the firearm laws of the
state they're in, not the state in which the permit was issued.
Reciprocity between states exists for
certain licenses, such as concealed carry permits. These are
recognized on a state-by-state basis. For example, Arizona
recognizes a Nevada permit, but Nevada does not recognize an
Arizona permit. Florida issues a license to carry both concealed
weapons and firearms, but others license only the concealed carry
of firearms. Some states do not recognize out of state Concealed
Carry Weapon ("CCW") permits at all, so it is important to
understand the laws of each state when traveling with a
handgun.
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.
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 gfyh3rty3245egegvegerrrrrrrrrrrrrrrrrrr |
No |
None |
No |
| Carry permits issued? |
No |
Yes |
Ala §13A-11-73 |
May not carry concealed without permit. |
| State Preemption of local restrictions? |
No |
Yes |
Ala §11-34-1.1 |
none. |
| NFA weapons restricted? |
No |
No |
Ala §13A-11-63 |
Short-barreled rifles and shotguns prohibited. |
| Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
|
Alabama is classified as a "
may issue"
state; Alabama law states, "The sheriff of a county may, upon the
application of any person residing in that county, issue a
qualified or unlimited license to such person to carry a pistol in
a vehicle or concealed on or about his person within this state for
not more than one year from date of issue, if it appears that the
applicant has good reason to fear injury to his person or property
or has any other proper reason for carrying a pistol, and that he
is a suitable person to be so licensed."
In practice, virtually all Alabama county sheriffs as of 2006 issue
licenses to all "suitable persons." Application fees and other
requirements such as training as well as the conduct of background
checks vary from sheriff to sheriff. Alabama permits are honored in
22 states.
Alaska
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
Yes |
No |
None |
No |
| Firearm registration? |
No |
No |
None |
No |
| "Assault weapon" law? |
No |
No |
None |
No |
| Owner license required? |
No |
No |
None |
No |
| Carry permits issued? |
No |
Yes |
AS 18.65.700 through 18.65.778 |
May carry concealed without permit, though permits can be
issued for those who wish to have them. |
| State Preemption of local restrictions? |
Yes |
Yes |
AS 29.35.145 |
State preempts "out legislating" state law. |
| NFA weapons restricted? |
No |
No |
None |
No |
| Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
|
Alaska
is the first
state to adopt carry laws mimicking Vermont's (normally referred to
as "Vermont Carry,"), in which no license is required to carry a
handgun either openly or concealed. However, licenses are
still issued to residents who want them for purposes of carrying in
other states via reciprocity, to be in complete compliance with
Federal Gun Free School Zone act. The term "Alaska Carry" has been
used to describe laws which require no license to carry handgun
openly or concealed but licenses are still available for those who
want them. Some city ordinances do not permit concealed carry
without a concealed carry license, but these have been invalidated
by the recent state preemption statute.
Arizona
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
None |
No |
| Firearm registration? |
Partial |
Partial |
ARS 13-3101 |
State law requires machine guns and short-barreled rifles and
shotguns to be registered per the National Firearms Act. |
| "Assault weapon" law? |
No |
No |
None |
No |
| Owner license required? |
No |
No |
None |
No |
| Carry permits issued? |
Yes |
Yes |
ARS 13-3112 |
Concealed carry requires a permit. Open carry is legal without
a permit in most places where it is legal for permit holders to
carry concealed and law enforcement is well-versed as to its
legality. With holsters the gun can be partly covered; if no
holster is present the firearm needs to be completely
revealed. |
| State Preemption of local restrictions? |
Partial |
Partial |
ARS 13-3108 |
Explained below. |
| NFA weapons restricted? |
Partial |
Partial |
ARS 13-3101 |
It is a violation of state law to possess NFA weapons except as
permitted by federal law. |
| Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
|
Arizona gun laws are found mostly in Title 13, Chapter 31 of the
Arizona Revised Statutes. 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.
According to state law, a person must be 18 years of age to
purchase any non-NFA firearm from any source; however, there is a
federal age limit of 21 years on handgun purchases from federal
firearms licensees. Generally, a person must be 18 years of age to
possess a firearm or carry one openly, with such exceptions as are
described below.
Arizona is classified as a "shall issue" state. Concealed carry
permits are issued by the Concealed Weapons Permit Unit of the
Arizona Department
of Public Safety. Requirements for issuance include taking an 8
hour training class (provided by a licensed third party),
submitting a finger print card, and paying a $60 fee. Applicants
must be at least 21 years of age. New permits are valid for five
years. Permits issued before August 12, 2005 are valid for four
years. 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. Arizona
recognizes almost all valid out-of-state carry permits, with few
exceptions.
The law regarding the carrying of firearms in motor vehicles by
non-permit holders is complex and has been further muddled by court
decisions. However, it is clear that no permit is required to carry
a firearm in a vehicle if the firearm is in plain view or locked in
a trunk or other place not immediately accessible.
On foot, no permit is required to openly carry a firearm in a belt
holster, gun case or scabbard. Generally, a person must be at least
18 years of age to openly carry a firearm. However, this does not
apply to:
- Juveniles within a private residence.
- Emancipated juveniles
- Juveniles accompanied by a parent, grandparent or guardian, or
a certified hunter safety instructor or certified firearms safety
instructor acting with the consent of the juvenile's parent or
guardian
- Juveniles on private property owned or leased by the juvenile
or the juvenile's parent, grandparent, or guardian
- Juveniles fourteen years of age and up engaged in any of the
following activities:
- Lawful hunting or shooting events or marksmanship practice at
established ranges or other areas where the discharge of a firearm
is not prohibited
- Lawful transportation of an unloaded firearm for lawful
hunting
- Lawful transportation of an unloaded firearm between the hours
of 5:00 a.m. and 10:00 p.m. for shooting events or marksmanship
practice at established ranges or other areas where the discharge
of a firearm is not prohibited
- Activities that require a firearm related to the production of
crops, livestock, poultry, livestock products, poultry products, or
ratites or in the production or storage of
agricultural commodities
On September 30, 2009 a new law allowing people with concealed
weapons permits to carry their guns into bars came into effect,
providing they refrain from drinking alcohol in the establishments.
The law also allows bar and restaurant owners to post signs barring
guns.
Arizona law permits the carrying of handguns by juveniles in some
situations where they are prohibited by the Federal
Youth Handgun Safety Act. However,
state and local police in Arizona have shown little interest in
enforcing the federal act.
The Arizona legislature has largely preempted political
subdivisions (counties, cities) from passing their own firearms
laws. Political subdivisions may regulate the carrying of weapons
by juveniles or by their own employees or contractors when these
employees or contractors are acting within their employment or
contract. They may also limit the carrying of weapons to permit
holders in parks that are less than one square mile in area and in
public establishments and events. Public establishments and events
where carry is limited to permit holders must provide secure
storage for weapons on-site, which must be readily accessible upon
entry and allows for immediate retrieval on exit.
Indian reservations, which comprise a large portion of the land
area of the state, are exempt from the preemption statute, and may
have gun laws considerably more restrictive than state law.
However, these laws do not usually apply to non-tribal members
passing through a reservation in a continuous journey on a major
highway.
It is generally illegal to discharge a firearm within or into the
limits of any municipality. However, this prohibition does not
apply to persons discharging firearms in the following
circumstances:
- On a properly supervised range
- In an area recommended as a hunting area by the Arizona game
and fish department, approved and posted as required by the chief
of police (Any such area may be closed when deemed unsafe by the
chief of police or the director of the Arizona game and fish
department.)
- For the control of nuisance wildlife by permit from the Arizona
game and fish department or the United States fish and wildlife
service
- By special permit of the chief of police of the
municipality
- As required by an animal control officer in the performance of
duties
- Firing blank cartridges
- More than one mile from any occupied structure
- In self-defense, or defense of another person against an animal
attack if a reasonable person would believe deadly physical force
against the animal is immediately necessary and reasonable under
the circumstances to protect a person from harm
- In self-defense or, in defense of another person against a
criminal attack as permitted by the laws regarding defensive use of
force
While discharging a firearm using blanks within the limits of a
municipality is not specifically prohibited by law, it could still
result in a
disorderly conduct
charge pursuant to
ARS 13-2904.
State law prohibits the carrying of firearms in certain areas.
These prohibited areas include:
- Hydroelectric or nuclear power generating stations
- Polling places on election day
- Secured areas of airports
- School grounds. However, this does not apply to:
- *Firearms for use on the school grounds in a program approved
by the school
- *Uloaded firearms carried inside a means of transportation and
under the control of an adult, provided that if the adult leaves
the means of transportation, it's locked and the firearms are not
visible from the outside
- *A person who is on the premises for a limited time to seek
emergency aid, if such person does not buy, receive, consume, or
possess alcohol while there
Game refuges. However, this does not apply to:
- Persons traversing refuges or over roads therein carrying
unloaded devices
- *landowners, lessees, permittees, their employees, or licensed
trappers carrying arms while performing lawful duties
In addition, political subdivisions have limited power to prohibit
the carrying of firearms in certain areas as described above.
Carrying a firearm in a power generating station is a
felony. Carrying a firearm in any other prohibited
area, absent any other concomitant criminal conduct, is a
misdemeanor. It is not illegal to carry a
firearm in a liquor store or other establishment that sells alcohol
only for consumption off the premises.
State law prohibits the possession of firearms by certain
categories of people. These prohibited possessors include:
- Anyone who has been found to constitute a danger to himself or
to others pursuant to court order, and whose court ordered
treatment has not been terminated by court order
- Anyone convicted of a felony, or who has been adjudicated
delinquent for a felony, and whose State civil right to possess or
carry a gun or firearm has not been restored
- Anyone who is, at the time of possession, serving a term of
imprisonment in any correctional or detention facility
- Anyone who is, at the time of possession, serving a term of
probation pursuant to a conviction for a domestic violence offense
or a felony offense, parole, community supervision, work furlough,
home arrest, or release on any other basis, or who is serving a
term of probation or parole pursuant to an interstate compact
- Anyone who is an undocumented alien or a nonimmigrant alien,
traveling with or without documentation for business or pleasure,
or who is studying in Arizona and maintains a foreign residence,
except for:
- *Nonimmigrant aliens who possess a valid hunting license or
permit lawfully issued by a state in the United States
- *Nonimmigrant aliens who enter the United States to participate
in a competitive target shooting event or to display firearms at a
sports or hunting trade show sponsored by a national, state, or
local firearms trade organization devoted to competitive or
sporting use of firearms
- *Certain diplomats
- *Officials of foreign governments or distinguished foreign
visitors who are designated by the United States department of
state
- *Persons who have received a waiver from the United States
attorney general
As is the case in many states, Arizona's prohibited possessor
statute is in some ways less restrictive than the federal
prohibited possessor statute found in the
Gun Control Act of 1968, and state
and local police show little interest in enforcing the federal
statute.
Arkansas
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
None |
No |
| Firearm registration? |
No |
No |
None |
No |
| "Assault weapon" law? |
No |
No |
None |
No |
| Owner license required? |
No |
No |
None |
No |
| Carry permits issued? |
No |
Yes |
5-73-301 - 5-73-320 |
Concealed carry requires a permit. Open carry is not
permitted. |
| State Preemption of local restrictions? |
Yes |
Yes |
5-73-120 |
Carrying a weapon is prohibited. |
| NFA weapons restricted? |
N/A |
N/A |
5-73-120 |
Carrying a weapon is prohibited. |
| Peaceable Journey laws? |
? |
Yes |
5-73-120 (c)(4) |
A person has a defense to the crime of carrying a weapon when
they are on a journey, unless the journey is through a commercial
airport at the security checkpoint or is in checked baggage and is
not a lawfully declared weapon |
|
In
Arkansas
, possession
or ownership of a firearm is illegal for anyone who has been
convicted of a felony, adjudicated to be mentally defective, or
committed involuntarily to a mental institution.
Arkansas is a "shall issue" state for the concealed carry of
firearms. Applicants must pass a background check and complete a
training course to receive a new or renewal concealed carry
license. An existing license is suspended or revoked if the license
holder is arrested for a felony or for any violent act, becomes
ineligible due to mental health treatment, or for a number of other
reasons. Concealed firearms may not be carried at a courthouse,
meeting place of any government entity, athletic event, tavern, or
in a number of other places.
Arkansas has state preemption for most firearms laws. However,
localities may enact laws regulating the discharge of firearms, or
in emergency situations. Local government units and private
individuals may not sue firearms manufacturers or dealers for
matters relating to the lawful manufacture or distribution of
firearms, except in cases of product liability or breach of
contract.
Automatic weapons must be registered with the Arkansas secretary of
state, in addition to being registered under federal law.
California
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
§12070, §12071, §12082 |
All firearm sales (except long guns more than 50 years old)
must be completed through a dealer. Handgun purchases require a
Handgun Safety Certificate and proof of residency. |
| Firearm registration? |
No |
No |
None |
All handgun sales are recorded by the state. Longarm serial
numbers are not recorded, only the sale. There is no requirement to
register firearms with law enforcement. New residents must register
handguns (purchased outside of California) with DOJ within 60
days. |
| "Assault weapon" law? |
Yes |
Yes |
§12280 , §12285 |
Legally defined assault weapons and .50 BMG rifles listed by
make and model by the DOJ must be registered. Their sale and
transfer is prohibited. Military look-alike rifles that are not
chambered for .50 BMG and are not on the DOJ roster are legal to
purchase or possess, with some restrictions in configuration—known
as "banned features." |
| Owner license required? |
No |
No |
None |
|
| Carry permits issued? |
N/A |
Yes |
§12050 |
May issue, depending on jurisdiction. |
| State Preemption of local restrictions? |
Yes |
Yes |
§53701 GC |
Most but not all local restrictions preempted. |
| 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
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. California does not recognize concealed
carry permits issued by other states.
Open carry of loaded firearms in public
is generally prohibited except in unincorporated areas where the
county has not made open carry illegal or where the discharge of
firearms is not prohibited. Carrying of an unloaded, unconcealed
firearm in plain sight is not prohibited except in areas otherwise
prohibiting the carry of firearms under state or federal law, such
as school zones, post offices, government buildings, state and
national parks, "sterile" areas controlled by security screenings,
etc.
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.
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. 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.
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.
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. 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.
On October 13, 2007, California enacted AB 1471. This controversial
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. However, the text of this law has language
which states that it will not be enforced if there is only one
manufacturer which has the ability to equip this technology. As of
the this writing, only one such manufacturer exists, and there are
no others on the horizon.
On October 11, 2009, California enacted AB 962, adding new
requirements for the sale of ammunition. Effective July 2010,
ammunition sales must take place in person, and dealers must keep
records of ammunition sales for at least five years. Effective
February 2011, buyers of ammunition must provide a thumbprint and
state identification.
Colorado
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
no |
no |
NONE |
yes |
| Firearm registration? |
No |
No |
None |
No |
| "Assault weapon" law? |
No |
No |
None |
No |
| Owner license required? |
No |
No |
None |
No |
| Concealed Carry permits issued? |
Yes |
Yes |
CRS 18-12 |
No |
| Open carry without a permit? |
Yes* |
Yes* |
CRS 18-12 |
Technically legal in most areas unless local laws exist (City
of Denver), in which case signs must be posted. May be interpreted
as disturbing the peace by law enforecement. |
| Concealed within a vehicle? |
Unloaded Only** |
Unloaded only |
CRS 18-12, 33-6-125 |
**Loaded without a round chambered only. |
| State Preemption of local restrictions? |
Yes* |
Yes* |
CRS 18-12 |
*Open carry and unlicensed car carry of a loaded firearm is
prohibited in city and county of Denver, otherwise, local
ordinances are preempted by state law |
| NFA weapons restricted? |
No |
No |
None |
No |
| Peaceable Journey laws? |
Yes |
Yes |
CRS 18-12-105.6 |
Denver's restrictions on transport/possession of firearms in
vehicles do not apply to persons travelling to or from other
jurisdictions; see Trinen v. City & County of Denver, 53 P.3d
754 |
| Castle Doctrine? |
Yes |
Yes |
|
A legal resident of a property has the right to defend himself,
other occupants, and property using deadly force from intruders,
whether they are armed or not. |
| "Make My Day" Law? |
Yes |
Yes |
|
A person may defend himself or others with deadly force if
necessary. |
|
Connecticut
| Subject/Law |
Long guns |
Handguns |
Relevant statutes |
Notes |
| State Permit to Purchase? |
No |
Yes |
|
|
| Firearm registration? |
No |
Yes |
|
|
| "Assault weapon" law? |
Yes |
Yes |
|
|
| Owner license required? |
? |
? |
|
|
| Carry permits issued? |
No |
Yes |
|
Permit needed to carry open or concealed |
| State Preemption of local restrictions? |
Yes |
Yes |
|
|
| NFA weapons restricted? |
? |
? |
|
|
| Peaceable Journey laws? |
No |
No |
|
Federal rules observed.
|
Connecticut is a Shall Issue state. “Every citizen has a right to
bear arms in defense of himselfand the state.” Article 1, Section
15.
Permits in Connecticut are first issued by the town police
department, which conducts the background checks and
fingerprinting. Each town is different in its willingness to
approve permits, and some towns create their own requirements that
go well beyond the State requirements. Meeting these town-specified
requests (such as letters of reference, pictures, or an essay on
why you want to have a permit to carry) does not have to be
accomplished in order to get a permit. The town has 8 weeks to
approve the permit. If it doesn’t, the resident can appeal the
ruling to the Connecticut Board of Firearms Permit Examiners, whom
must grant the permit unless there is a specific reason the
individual should be denied. These include:
Criminal possession of a narcotic substance;• Criminally negligent
homicide;• Assault in the third degree;• Reckless endangerment in
the firstdegree;• Unlawful restraint in the second degree;• Riot in
the first degree;• Stalking in the second degree;• Has not been
convicted as a delinquent for thecommission of a serious juvenile
offense;• Has not been discharged from custody within thepreceding
twenty years after having been foundnot guilty of a crime by reason
of mental diseaseor defect;• Is not subject to a restraining or
protective orderissued by a court in a case involving the
use,attempted use or threatened use of physical forceagainst
another person;• Is not subject to a firearms seizure order issued
forposing a risk of personal injury to self or othersafter a
hearing; or• Is not prohibited from possessing a firearm forhaving
been adjudicated as a mentally incompetentunder federal law.
Connecticut Residents are issued a "permit to carry pistols and
revolvers", which permits both open and concealed carry. 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.”
Residents of other states who hold a concealed weapons permit may
apply for a non-resident Connecticut permit through the mail.
Connecticut has bans on defined 'assault weapons.' However, it does
not restrict magazine capacity.
Connecticut allows all NFA firearms except for selective fire
machineguns. Selective fire machineguns existing in Connecticut
before they were banned are grandfathered. Selective fire means
that a machine gun can fire semi or fully automatic. A machine gun
that can only fire fully automatic is legal in Connecticut.
Connecticut also has a provision in the statute that if a carry
permit holder loses a firearm and does not report it, they may lose
the permit.
Delaware
| Subject/Law |
Long guns |
Handguns |
Relevant statutes |
Notes |
| State Permit to Purchase? |
No |
No |
|
|
| Firearm registration? |
No |
No |
|
|
| "Assault weapon" law? |
No |
No |
|
|
| Owner license required? |
No |
No |
|
|
| Carry permits issued? |
No |
Yes |
11 Del.C. § 1441(j) |
Permit needed to carry concealed |
| State Preemption of local restrictions? |
? |
? |
|
|
| NFA weapons restricted? |
No |
No |
|
|
| Peaceable Journey laws? |
No |
No |
|
Federal rules observed.
|
District of Columbia
In
Washington,
D.C.
, all firearms must be registered with the police,
by the terms of the Firearms Control
Regulations Act of 1975.
The same law also prohibited the possession of handguns, even in
private citizens' own homes, unless they were registered before
1976.
However, the handgun ban was struck down by
the U.S.
Supreme Court
in the 2008 case District of Columbia
v. Heller. The Supreme
Court ruled that the
Second
Amendment acknowledges and guarantees the right of the
individual to possess and carry firearms, and therefore D.C.'s ban
on handguns was unconstitutional.
A lawsuit was filed on 2009-08-08 to compel the district to issue
permits to carry weapons.
Florida
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
None |
No |
| Firearm registration? |
No |
No |
None |
No |
| "Assault weapon" law? |
No |
No |
None |
No |
| Owner license required? |
No |
No |
None |
No |
| Carry permits issued? |
No |
Yes |
Chapter 790.06 |
Concealed carry only; no open carry allowed, even with
permit |
| State Preemption of local restrictions? |
Yes |
Yes |
Chapter 790.33 |
|
| NFA weapons restricted? |
No |
No |
None |
|
| Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
|
Florida is a "
shall issue" state, and
issues
concealed carry permits to
both residents and non-residents. Florida recognizes permits from
any other state which recognizes Florida's permit, provided the
non-resident individual is a resident of the other state and is at
least 21 years old.
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. (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. When hunting on private land, or on properties
expressly approved for hunting by the Fish and Wildlife
Conservation Commission or Division of Forestry, open carry is also
permitted.
State preemption laws prohibit localities from regulating firearms,
other than with regards to zoning laws (i.e., for restricting where
gun sellers may locate their businesses.)
Firearm regulations are uniform throughout the state, and a carry
permit is valid throughout the state, in all areas other than in a
few specially-defined areas. These specially-defined prohibited
areas include:
- federally-controlled areas (such as national parks, inside the
boundaries of which guns must be kept securely locked.),
- in or around specially-marked buildings/grounds (notably,
mental hospitals and any hospitals with provisions to treat mental
illness, where concealed carry is a felony even with a permit (F.S.
394.458). F.S 394.458 does state concealed carry is prohibited
"unless authorized by law". Since F.S. 790.06(12) does not prohibit
concealed carry in hospitals that treat mental illness by permit
holders, it can be inferred that concealed carry with a permit is
allowed. Caution is advised since there currently is no case law.
In other words, no case has been referred to a Grand Jury nor has
any person been tried for violating the law. One Florida resident
was arrested but the charges were subsequently dropped after their
attorney successfully argued the permit holder was excepted. Be
advised each county's prosecutor may have a different opinion.
- any place of nuisance,
- Sheriff's Office,
- Police Station,
- Jail,
- Prison,
- Courthouse,
- Polling Place,
- any Governmental Judicial meeting,
- any school or college,
- lounges,
- bars,
- airports,
- professional athletic event, and
- any federal buildings or property.
As of October 1, 2005, Florida became a "
Stand-your-ground" state.
The Florida law is a self-defense, self-protection law. It has four
key components:
- It establishes that law-abiding residents and visitors may
legally presume the threat of bodily harm or death from anyone who
breaks into a residence or occupied vehicle and may use defensive
force, including deadly force, against the intruder.
- In any other place where a person “has a right to be,” that
person has “no duty to retreat” if attacked and may “meet force
with force, including
deadly force if he or she reasonably believes it is necessary to do
so to prevent death or great bodily harm to himself or herself or
another to preventthe commission of a forcible felony.”
- In either case, a person using any force permitted by the law
is immune from criminal prosecution or civil action and cannot be
arrested unless a
law enforcement agency determines there is probable cause that the
force used was unlawful.
- If a civil action is brought and the court finds the defendant
to be immune based on the parameters of the law, the defendant will
be awarded all
costs of defense.
As of July 1, 2008, Florida became a "Take your gun to work" state
(F.S. 790.251). A new statewide Florida law went into effect on
this date prohibiting most businesses from firing any employee with
a Concealed Weapon License for keeping a legal firearm locked in
their car in the company parking lot. The purpose of the new law is
to allow CWL holders to exercise their Second Amendment rights
during their commutes to and from work. 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.
Florida law allows private firearm sales between residents without
requiring any processing through an FFL. Florida law also permits
larger municipalities to elect to require a concealed carry permit
for a buyer to purchase a gun at a gun show from another private
individual without any delay, but in practice, this applies only to
a few of the largest municipalities (Miami, Orlando, etc.) where it
has been invoked.
Currently, Florida's Concealed Weapon License is one of the most
widely-recognized, state-issued concealed weapon permit. The
resident Florida Concealed Weapon License is recognized in
thirty-three different states, while the non-resident Florida
Concealed Weapon License is recognized in twenty-seven
states.
Georgia
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
None |
|
| Firearm registration? |
No |
No |
None |
|
| "Assault weapon" law? |
No |
No |
None |
|
| Owner license required? |
No |
No |
None |
|
| Carry permits issued? |
No |
Yes |
OCGA §16-11-129 |
Concealed or open carry allowed with permit. See also OCGA §43-38-10 which is a special permit for
armed security guards. |
| State Preemption of local restrictions? |
Yes |
Yes |
OCGA §16-11-173 |
Despite state preemption, several localities continue to have
local gun restrictions. Recent court rulings have resulted in many
of these ordinances being withdrawn. |
| NFA weapons restricted? |
No |
No |
None |
|
| Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
| Unlicensed open carry? |
Yes |
No |
OCGA 16-11-128 |
A Georgia Firearms License (GFL), or a recognized out-of-state
permit, is required for open carry of any pistol or revolver
outside of one's home, motor vehicle, or place of business. |
|
Georgia is a "
shall issue" state, and
issues firearms permits to residents through a county
probate court. Georgia recognizes permits from
any other state which recognizes Georgia's permit, provided the
non-resident individual would meet the eligibility requirements for
a Georgia Firearms License as a resident.
Vehicle carry is allowed if the possessor is eligible for a permit.
An eligible person without a permit must keep a firearm unloaded in
a case separated from ammunition, or loaded and fully exposed to
view (
Lindsey vs State of Georgia indicates that the
firearm must be fully visible to all possible observers), or loaded
in a closed compartment of the vehicle. Permit holders may carry a
firearm open or concealed anywhere within a vehicle.
State preemption laws prohibit localities from regulating the
ownership, transportation, and possession of firearms. Georgia also
has a law preventing localities from enacting ordinances or
lawsuits to classify gun ranges as nuisances.
Firearm regulations are uniform throughout the state, and a
firearms permit is valid throughout the state, in all areas other
than in a few specially-defined areas. These specially-defined
prohibited areas include:
- federally-controlled areas (such as national parks, inside the
boundaries of which guns must be kept securely locked)
- nuclear power facilities
- any federal buildings or property
- any public gathering (includes, but is not limited to, athletic
or sporting events, churches or church functions, political rallies
and/or functions, publicly owned or operated buildings)
- any place licensed to sell alcohol for consumption on premises
(excluding restaurants that serve alcohol)
- wildlife management areas, except by a licensed hunter in an
appropriate open season (not during a primitive weapon season)
- any school building or grounds (except for authorized teachers
and staff)
On May 14, 2008, Governor Sonny Perdue signed House Bill 89. The
bill removed public transportation, state parks, and restaurants
that serve alcohol (excluding bars) from the list of
specially-defined prohibited areas.
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.
Georgia law allows private firearm sales between residents without
requiring any processing through an FFL.
Hawaii
Hawaii
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. In practice however few if any concealed
carry licenses are granted. Hawaii does not recognize concealed
carry permits issued by other states.
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.
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.
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.
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".
Idaho
Idaho
is a "shall
issue" state for concealed carry.
The local county sheriff shall issue a concealed weapons permit to
a qualified applicant within ninety days. Applicants must
demonstrate familiarity with a firearm, generally by having taken
an approved training course or by having received training in the
military. A permit is valid for five years; permits issued before
July 1, 2006 are valid for four years. Idaho recognizes valid
concealed carry permits from any state. A concealed weapon may not
be carried at a school or at a school sponsored activity, in a
courthouse, in a prison or detention facility, at the Idaho State
Capitol mall, or in certain other governmentally designated
locations. It is unlawful to carry a concealed weapon while
intoxicated.
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.
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."
The possession of
automatic
firearms is permitted, as long such possession is in compliance
with all federal regulations.
Illinois
| Subject/Law |
Long Guns |
Handguns |
Relevant Statutes |
Notes |
| State permit to purchase? |
Yes |
Yes |
430 ILCS 65 |
FOID required. |
| Firearm registration? |
No |
No |
|
|
| "Assault weapon" law? |
No |
No |
|
|
| Owner license required? |
Yes |
Yes |
430 ILCS 65 |
FOID required. |
| Carry permits issued? |
No |
No |
|
|
| State preemption of local restrictions? |
No |
No |
|
|
| NFA weapons restricted? |
Yes |
Yes |
720 ILCS 5/24 |
Fully automatic firearms and short-barreled rifles and shotguns
prohibited. AOW (Any Other Weapon) allowed with proper approval and
tax stamp from BATF. |
| Peaceable journey laws? |
No |
No |
|
|
|
Illinois
has some of the most restrictive firearm laws in
the country.
To possess or purchase firearms or ammunition, Illinois residents
must have a Firearm Owner's Identification (
FOID) card, which is issued by the state
police. Generally an FOID will be granted unless the applicant has
been convicted of a felony or an act of domestic violence, is the
subject of an order of protection, has been convicted of assault or
battery or been a patient in a mental institution within the last
five years, or has been adjudicated as a mental defective. There
are additional requirements for applicants under the age of
21.
There is no state
preemption of
firearm laws.
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 April 16, 1982.
The Chicago suburb of Oak
Park
also has banned handguns, and Highland
Park
bars handgun possession unless the resident has
obtained a permit from the police. The status of these
various handgun bans has been uncertain since June 26, 2008, when
the U.S. Supreme Court struck down Washington, D.C.'s handgun ban
in the case of
District of Columbia v.
Heller.
In the
months following the Heller decision, handgun bans were
repealed in the suburbs of Wilmette
, Morton Grove
, Evanston
, and Winnetka
, but Chicago and Oak Park have fought in court to
keep their current laws. The Supreme Court has agreed to
review the Chicago and Oak Park handgun bans in the case of
McDonald v.
Chicago.
Cook
County
has banned assault
weapons and magazines that
can hold more than ten rounds of ammunition. Other
municipalities have also enacted various firearm restrictions. Lack
of preemption makes it difficult to travel throughout Illinois with
a firearm while being sure that no laws are being broken.
Illinois is one of two remaining states that have no provision for
the
concealed carry of
firearms by citizens. (In compliance with the federal
Law Enforcement Officers
Safety Act, retired police officers who qualify annually under
state guidelines are allowed to carry concealed.)
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.
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
has enacted state preemption of firearm
laws. However, local laws passed before 1994 or for certain
narrowly defined emergency situations are valid. East Chicago, Gary
and South Bend all have local laws that still apply. Governing
units may restrict firearms possession on public property.
Additionally, private businesses may also restrict (or forbid)
firearms on their properties.
Indiana is a "shall issue" state for the License to carry a
handgun. The Indiana license to carry allows both open and
concealed carry. Most Indiana residents confuse the license to
carry a handgun with a CCW. A license to carry will be issued to
individuals age 18 or older who meet a number of legal
requirements. Grounds for disqualification include a conviction for
a felony or for misdemeanor domestic battery. A license can also be
denied if the applicant has been arrested for a violent crime and
"a court has found probable cause to believe that the person
committed the offense charged". Documented substance abuse is a
disqualifier, as is documented evidence of any given person's
"propensity for violent or emotionally unstable conduct."
Application for a license must be made to the local police
department, or absent that to the county police department.
Four-year and lifetime permits are issued for Indiana residents.
Out-of-state residents may only be issued four-year permits.
It is illegal to carry a concealed weapon, even sporting arms, on
school property or on a school bus, on an airplane or in the
controlled section of an airport, on a riverboat gambling cruise,
or at the Indiana State Fair. Lawful gun owners may have guns in
their vehicles on school property provided the driver is only
transporting someone to, or from, a school event.
Indiana honors CCW licenses issued by every state (Illinois and
Wisconsin do not issue CCW licenses), generally including
non-resident licenses. However, Indiana residents, or non-residents
with a "regular place of business" in Indiana, must obtain an
Indiana license.
Firearms dealers or private individuals may not sell any firearm to
someone less than 18 years old, or less than 23 years old if the
buyer was "adjudicated a delinquent child for an act that would be
a felony if committed by an adult", or to a person who is mentally
incompetent or is a drug or alcohol abuser. Possession of automatic
weapons by individuals or dealers who have obtained the appropriate
federal license is permitted.
Short barreled shotguns (barrels under 18", OAL less than 26"
length), are prohibited.
Handgun cartridges that have "a projectile that has a metal core
and an outer coating of plastic" are prohibited.
Indiana law stands mute viz-a-viz long gun carry. There are some
Department of Natural Resources rules, but these only apply on DNR
property. Generally speaking, possession of long guns is legal
whether the gun is either on one's person or in one's vehicle,
loaded or not.
Indiana provides lawsuit protection to law abiding manufacturers,
sellers, and trade associations for the misuse of firearms by third
parties. Lawsuits are permitted for cases of damage or injury
caused by defective firearms or ammunition, or breach of contract
or warranty.
Iowa
Iowa
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.
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.
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.
Under Iowa law, private citizens may not possess
automatic firearms, short-barreled rifles,
or short-barreled shotguns.
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. 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.
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.)
Under KRS § 237.110 (20)(a), Kentucky recognizes all currently
valid concealed carry permits issued by other U.S.
jurisdictions.
Suppressors are legally transferable in Kentucky.
KRS
§ 527.020 (8) permits firearms to be carried in a
glove compartment of a motor vehicle:
A firearm or other deadly weapon shall not be deemed
concealed on or about the person if it is located in a glove
compartment, regularly installed in a motor vehicle by its
manufacturer, regardless of whether said compartment is locked,
unlocked, or does not have a locking mechanism. No person or
organization, public or private, shall prohibit a person from
keeping a firearm or ammunition, or both, or other deadly weapon in
a glove compartment of a vehicle in accordance with the provisions
of this subsection. Any attempt by a person or organization, public
or private, to violate the provisions of this subsection may be the
subject of an action for appropriate relief or for damages in a
Circuit Court or District Court of competent
jurisdiction.
KRS
§ 237.104 prohibits the state from seizing firearms
from private citizens in the event of a disaster or
emergency.
Louisiana
Louisiana
is a "shall issue" state for concealed carry.
The Louisiana Department of Public Safety and Corrections shall
issue a concealed handgun permit to qualified applicants, after
performing an NICS background check and giving the local police 10
days to provide additional information about the applicant. An
applicant must demonstrate handgun proficiency by taking a training
course from an approved instructor, or by having been trained while
serving in the military. Concealed carry is not permitted in any
portion of the permitted area of an establishment that has been
granted a permit to sell alcoholic beverages for consumption on the
premises, or in any place of worship, government meeting place,
courthouse, police station, polling place, parade, or in certain
other locations.
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.
Maine
Maine
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.
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.
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.
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.
Maryland
In addition to having a Maryland driver's license, Maryland
requires all gun purchasers to watch a safety video before
purchasing a "regulated firearm". Once complete, the purchaser is
issued a certification card. Every time you purchase a regulated
firearm in Maryland thereafter, you must present this card to prove
you have watched the safety video and understand. An online program
offered by the Maryland Police Training Commission can also fill
this requirement with the purchaser receiving the card at the end
of the online lecture.
Maryland State Police also maintains a database of all "regulated
firearms" purchased in the state. A regulated firearm in Maryland
includes all handguns and so-called "assault-style" rifles. Assault
style rifles include all AK-47 style rifles, CETME/G3, FAL and
copies, etc. When purchasing a regulated firearm, there is a
seven-day waiting period before the purchaser can pick up his gun.
During this seven-day waiting period, Maryland State Police
conducts its own background check, which includes juvenile records,
and, if the transaction is approved, they record the firearm serial
number and owner.If a legally-registered gun owner commits a felony
in Maryland, Maryland State Police uses their database to obtain a
search warrant and confiscate any and all firearms in that person's
possession.
Maryland tightly restricts the issuance and use of concealed carry
permits. An individual must either prove that their employment
requires the transportation of large amounts of cash or, in the
case of security guards and private detectives, that the use of a
handgun is required to perform his or her duties. Individuals
citing personal protection must produce documentation of death
threats supported by police reports; even then, permits have been
denied in some cases. Almost all permits have tight restrictions on
their use; for example, a licensed business owner or employee may
only legally carry concealed while in the act of transporting cash
from his or her business.
New handguns sold in Maryland must include a sealed envelope,
provided by the manufacturer, containing a shell casing from a
cartridge fired by that gun. When the gun is sold, the dealer must
send the envelope with the shell casing, along with information
identifying the purchaser, to the state police, for inclusion in
their ballistics database, known as the Integrated Ballistics
Identification System (IBIS).
Massachusetts
Massachusetts
Law requires firearm owners to be licensed through
their local Police Department or the Massachusetts State Police if
no local licensing authority is available. A license is
required by state law for buying firearms and ammunition. An
applicant must have passed a State approved firearm safety course
before applying for a license.
All applications, interviews, fees, and fingerprinting are done at
the local Police Department then sent electronically to the
Massachusetts Criminal History Board for the mandatory background
checks, and processing. All approved applicants will receive their
license from the issuing Police Department. All licensing
information is stored by the Criminal History Board. Non residents
who are planning on carrying in the state must apply for a
temporary LTC through the State Police before their travel.
There are five different types of Firearm licenses issued in the
state. The most restrictive license, the Restricted Firearm
Identification License (FID), only allows carrying of mace or
pepper spray. Next comes the standard FID, which allows the
ownership of long arms (rifles or shotguns) that hold 10 rounds or
less in their magazines. The Class B License To Carry (LTC) allows
the ownership of handguns which hold 10 rounds or less or long arms
with any capacity magazine. The Class A LTC allows the ownership of
any capacity handgun, or longarm and the ability to carry
concealed. Licenses are valid for 6 years.
The issuing authority official may restrict the Class A LTC as he
wishes, such as target and hunting only, which may affect the
authorization of an individual to carry concealed.
The final license is only issued for "machine guns."
A license to possess or carry a machine gun may be issued only to a
firearm instructor certified by the Criminal Justice Training
Council for the sole purpose of firearm instruction to police
personnel, or to a bona fide collector of firearms upon application
or renewal of such license.
A "bona fide collector of firearms," for the purpose of issuance of
a machine gun license, shall be defined as an individual who
acquires firearms for such lawful purposes as historical
significance, display, research, lecturing, demonstration, test
firing, investment or other like purpose.
For the purpose of issuance of a machine gun license, the
acquisition of firearms for sporting use or for use as an offensive
or defensive weapon shall not qualify an applicant as a bona fide
collector of firearms.
All private sales are required to be registered through an FA-10
form with the Criminal History Board, Firearm Records division. The
state has an assault weapons ban similar to the expired Federal
ban. Massachusetts is a "
may issue" state
and all classes of LTCs, are issued in a highly discretionary
manner.
FIDs are "Shall issue", except if the applicant fails a background
check. Massachusetts law does not recognize the
Firearm Owners Protection Act.
State law requires all firearms to be stored in a locked container,
or with a
trigger lock. If in a
vehicle, firearm must be carried in the trunk of the vehicle in a
locked container, unless the licensee has a Class A unrestricted
license, in which case the firearm must be under his direct
control. Any firearms that are found to be unsecured may be
confiscated by law enforcement officers and license may be revoked.
In the event a license is revoked for any reason, law enforcement
will confiscate all weapons and store for 1 year before destroying
them unless the revoked licensee transfers ownership to a properly
licensed party who then claims the firearms.
Michigan
The State of Michigan has numerous laws concerning the ownership
and the carrying of firearms. Generally, federal, state, and local
law enforcement agencies, and agents thereof acting in an official
capacity, are exempt from Michigan's firearms regulations. The
Constitution of the State of Michigan of 1963 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"
"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.
Michigan's Attorney General has ruled that the definition of
"firearm" includes a Taser.
Purchasing firearms in Michigan
In
Michigan
, a rifle or shotgun may be purchased by anyone aged
18 or over who is not subject to restrictions based on criminal or
mental health history; no purchase license is required. A
purchase license is required to purchase a pistol, unless the
purchaser has a concealed pistol license. Anyone purchasing a
handgun must be at least 21 years old to purchase from a
federally-licensed firearms dealer under federal law. In a private
sale, the purchaser need only be aged 18 or older.
In Michigan, a person "shall not purchase, carry, or transport a
pistol in this state without first having obtained a license for
the pistol," as prescribed in MCL 28.422.
An individual must apply to their local police or
sheriff's department for a purchase license before obtaining a
pistol. A purchase license is not needed for an individual with a
concealed pistol license. However, a NICS check must be completed
by the FFL (Federal Firearms Licensee) before the transfer of the
firearm.
The police authority will check for any criminal record at both the
state and national level.
The applicant must answer gun related questions on a Basic Pistol
Safety Questionnaire, with at least 70% correct, and swear before a
notary that they meet the statutory requirements to own a
pistol.
The License to Purchase a Pistol form must be completed even though
the applicant may already have possession of a pistol, such as
through an inheritance. Federal firearms licensed dealers are not
exempt from this section of the law and must also get a license any
time they purchase/acquire a pistol from an individual or another
gun dealer. There is an exemption only for dealers purchasing
pistols directly from the manufacturer or wholesaler.
A License to Purchase a Pistol is valid for 10 days to purchase a
pistol. The seller must sign the license and keep one copy for
his/her records. An individual must return to the local police
department within 10 days of purchasing the pistol, return the two
remaining copies of the license, and present the pistol for a
Safety Inspection Certificate. Dealers are exempt from the safety
inspection requirements on pistols kept solely for the purpose of
resale.
Some agencies require all unused license to purchase forms be
returned to them for record keeping purposes.
These forms are licenses to purchase a pistol and the purpose is
not to circumvent the required NICS (National Instant Check System)
check when buying a shotgun or rifle from an FFL
dealer.
Concealed carry in Michigan
Michigan's concealed carry law is "shall issue", meaning that
anyone over 21 may obtain a license to carry a concealed handgun if
they are not prohibited from owning firearms, have not been found
guilty or been accused of certain felonies or misdemeanors within a
certain time period, and have completed state approved firearms
training. Concealed Pistol License (CPL) holders are exempt from
the obtaining a License to Purchase a Handgun; however, they must
fulfill the registration requirement.
Individuals licensed to carry a concealed pistol by
Michigan or another state are prohibited from carrying a concealed
pistol on the following premises: Schools or school property,
public or private day care center, public or private child caring
agency, or public or private child placing agency, sports arena or
stadium, a tavern where the primary source of income is the sale of
alcoholic liquor by the glass consumed on the premises, any
property or facility owned or operated by a church, synagogue,
mosque, temple, or other place of worship, unless the presiding
official allows concealed weapons, an entertainment facility that
the individual knows or should know has a seating capacity of 2,500
or more, a hospital, a dormitory or classroom of a community
college, college, or university, and casinos. "Premises" does not
include the parking areas of the places listed above, excluding
casino parking. A pistol is subject to immediate seizure if the CPL
permit holder is carrying a pistol in a "pistol free"
area.
An individual licensed to carry a concealed pistol who
is stopped by a police officer (traffic stop or otherwise) while in
possession of a pistol shall immediately disclose to the police
officer that he or she is carrying a concealed pistol either on
their person or in their motor vehicle.
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."
Open carry is legal in Michigan, but choosing to do so in populated
areas may result in being charged with disturbing the peace or even
brandishing. However then-Attorney General
Jennifer Granholm released an opinion that
open carrying is neither brandishing nor disturbing the
peace.
Michigan formerly did not allow ownership of NFA firearms, though
Attorney General
Mike Cox has written an
Attorney General's Opinion that allows for machine guns to be
legally transferable to Michigan residents who comply with federal
laws. Suppressors (silencers), however, are still illegal and
non-transferable in Michigan.
Michigan prohibits the possession of Tasers or stun guns by private
citizens, regardless of CPL status.
Minnesota
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
Yes |
§624.7131 |
Permit to purchase required to transfer handguns through FFL's
and for "military-style assault weapons." |
| Firearm registration? |
No |
No |
None |
No |
| "Assault weapon" law? |
Yes |
Yes |
§624.7131 |
Does not ban any weapon but places restrictions on acquisition
and ownership similar to pistols. |
| Owner license required? |
No |
No |
None |
No |
| Carry permits issued? |
No |
Yes |
§624.714 |
Shall Issue |
| State Preemption of local restrictions? |
Yes |
Yes |
§471.633 |
|
| NFA weapons restricted? |
Yes |
Yes |
§609.67 |
Machine guns and short-barreled shotguns, unless designated
Curios & Relics, are prohibited in most cases. Sound
suppressors and some destructive devices are prohibited in most
cases. |
| Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
|
Minnesota does not require concealment when carrying. With a carry
permit, one may carry openly in accordance with the carry
law.
Minnesota State Statute
624.714
Mississippi
Mississippi
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,
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.
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.
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.
Missouri
Peaceable journey and RV law
Missouri
has a "peaceable journey" under Missouri Statutes
571.030 which law says it is not illegal to carry the weapon in a
passenger compartment of a vehicle as long as (1) the concealable
firearm is otherwise lawfully possessed, (2) the person is 21 or
older, or (3) the person is in his dwelling unit (e.g. RV)
or upon premises over which the person has
possession/authority/control, or is traveling in a continuous
journey peaceably through this state.
The same applies (it is not a crime) when the person is 21 and
possesses an exposed firearm for the lawful pursuit of game.
Open carry
Missouri does allow open carry of firearms for those age 21 or
older. However, city, county, and municipalities are allowed to
pass laws and ordinances restricting this. It is advisable to check
local laws and ordinances before openly carrying a firearm within
Missouri.
Concealed carry
Missouri Statute 571.070 (8/28/2007) says that unlawful for a felon
(also drunkard, drug user and adjudged incompetent Person)to
possession of any firearm (including concealable firearms) is a
class C felony.
Missouri Statute 571.121 (8/28/2007) says (a) you have to carry
permit with you when you carry the concealed weapon and if you
don't have it with you, it's not a crime, but you can be fined up
to $35, and (b)director of revenue issues a driver's license or a
state I.D. with a CCW endorsement that reflects that you can carry
concealed (and they cannot be held responsible for what you
do.)
Montana
Montana has some of the most permissive gun laws in the United
States. It is unique in having no state-level prohibited possessor
statute, although the state preemption statute allows local
governments to prohibit firearms possession among felons and mental
incompetents.
Montana
is a "shall issue" state for concealed
carry. The county sheriff shall issue a concealed weapons
permit to a qualified applicant within 60 days. Concealed carry is
not allowed in government buildings, financial institutions, or any
place where alcoholic beverages are served. Carrying a concealed
weapon while intoxicated is prohibited. No weapons, concealed or
otherwise, are allowed in school buildings. Montana recognizes
concealed carry permits issued by most but not all other states.
Concealed carry without a permit is generally allowed outside city,
town, or logging camp limits. Transporting a firearm in a motor
vehicle is legal. Open carry is also generally permitted.
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.
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.
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.
Nebraska
In
Nebraska
, to purchase a handgun, a permit to purchase is
required. Rifles and shotguns are not subject to gun laws
more restrictive than those at the federal level. As of January 1,
2007, shall issue concealed handgun permits (CHPs) are being issued
by the Nebraska state police. NFA firearms (machine guns, short
barreled shotguns, short barreled rifles, and silencers) are legal
to own as long as they are compliant with federal law.
In
Lincoln
, municipal code section 9.36.100 prohibits the
possession of a firearm by anyone who has been convicted of certain
misdemeanors within the last ten years. These include
stalking, violation of an order of protection, impersonating a
police office, and public indecency. 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.
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.
Nevada is a "shall issue" state for concealed carry. The county
sheriff shall issue a concealed firearms permit to qualified
applicants. A person must take a class to receive the CCW concealed
carry permit and must qualify by demonstrating use of the exact
model handgun that the person will carry.
Nevada has an open carry law that permits a person to carry a
handgun in plain view, however, there are exceptions. For instance,
Clark County requires you to have a registration to open carry, and
you must carry your registration with you when you are carrying a
gun.
States that honor Nevada's CCW permit:Alaska, Arizona, Florida*,
Idaho, Indiana, Kansas*, Kentucky, Louisiana, Michigan*, Minnesota,
Missouri, Montana, Nevada, Oklahoma, South Dakota, Tennessee,
Texas, Utah (*Residential Permits Only)
State CCW permits that Nevada honors: Alaska, Arkansas, Kansas,
Louisiana, Michigan, Missouri, Nebraska, Nevada, Ohio,
Tennessee
Nevada is a traditional open carry state with seemingly complete
state preemption of firearms laws. However, several localities have
passed and are illegally enforcing "Deadly Weapons" laws which
conflict with the preemption laws. Were this not the case, Nevada
would qualify as a "Gold Star" open carry state. Effective Oct 1,
2007 is legislation that prohibits counties/cities/towns from
enacting ordinances more restrictive than state law - the
legislature reserves for itself the right to legislate firearms
law. This law is retroactive. Hence the more restrictive ordinances
in North Las Vegas and Boulder City are null and void.
Also effective Oct 1, 2007 a CCW permittee can qualify with a
revolver and thereafter carry ANY revolver (or derringer) - the
permit will simply state "Revolvers Authorized"; however, one must
continue to qualify with each make/model/caliber of semi auto
pistols.
The CCW permit costs $105, and is valid for 5 years for residents
and 3 years for non-residents.
New Hampshire
New Hampshire
does not require a license for Open Carry, but
carry of a loaded pistol or revolver in a motor vehicle, or
concealed, does require a license. Note that the NH license
is issued for carry of a "pistol or revolver," and is not a license
to carry "weapons" as exists in some other states. The NH license
is issued by the local police dept at a cost of $10 for residents,
and by the NH State Police at a cost of $100 for non-residents. The
term of issue of the license is four years for non-residents, and
at least four years for residents. Turn around time is generally 1
– 2 weeks, with 14 days being the maximum time allowed by
law.
New Jersey
In
New
Jersey
, firearm owners are required to get a lifetime
Firearm Purchaser card for the purchase of rifles, shotguns or
handguns as well as ammunition. To purchase a handgun, a
separate permit is needed from the local police department for each
handgun to be purchased and expires after 90 days. These, like the
initial Firearms Identification card, require in-depth application
questioning, multiple references and background checks via the
State Bureau of Identification and New Jersey State Police. NJ law
states that Firearms Identification approval and/or handgun
purchase permit(s) must be issued within 30 days, but it is not
uncommon for these processes to take several months to be issued.
Capacities of semiautomatic handguns and rifles (total in magazine
excluding chamber) are limited to 15 rounds or less. New Jersey
allows the purchase, possession and use of
hollowpoint ammunition except in concert with
any sort of criminal activity. New Jersey has its own ban on
various semi-automatic firearms as well. 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.
Effective January 1, 2010, New Jersey will limit handgun purchases
to one per 30 day period.
New Mexico
New Mexico
laws governing the possession and use of firearms
include those in New Mexico Statutes Chapter 30, Article 7,
"Weapons and Explosives".
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."
New Mexico is a "shall issue" state for the concealed carry of
handguns. 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.
New Mexico recognizes concealed carry permits issued by 20 other
states: Alaska, Arizona, Colorado, Delaware, Florida, Kentucky,
Michigan, Minnesota, Missouri, Montana, North Carolina, North
Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah,
Virginia, and Wyoming.
Even with a concealed carry permit, it is not legal to carry a
firearm into a federal building, state building, school, or
restaurant that serves alcohol. However, carrying of a licensed
concealed weapon into a store that sells alcohol for off site
consumption (ie. Grocery store, gas station, liquor store) is legal
(note that "open carry" is expressly disallowed in this
case).
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. On foot, no permit is required
to carry a firearm unless it is both loaded and concealed.
Concealed carry of an unloaded firearm is legal without a permit in
New Mexico, except in establishments that sell alcohol.
New York
New York State, by many measures, is practically the strictest
state in the nation as far as the procedure for obtaining a handgun
(pistol) carry license is concerned. However, unlike many of the
other extremely strict states (such as New Jersey and Illinois),
once a New York State pistol license is obtained (with varying
degrees of difficulty depending on the county you live in), the
restrictions on carrying handguns vary greatly from pro-gun
jurisdictions to anti-gun jurisdictions.
Handgun possession in New York State is strictly limited to allow
only those individuals who hold a current, valid, handgun license
(pistol license) issued by a jurisdiction (county or major city)
within New York State to purchase, possess or carry a handgun. (NY
Penal law 265.01) Pistol licenses are not issued to out-of-state
residents (or even part-time residents), and no licensing
reciprocity agreements with any other states exist. There are no
provisions whatsoever for an out-of-state handgun owner (other than
law enforcement/military) to bring a handgun to, and carry it in,
New York State. Some states will recognize NY's handgun
license.
Simply traveling through New York State while in possession of a
handgun, for any purpose, without a New York State pistol license,
is legally risky. New York State law does include a very limited
exception for passing through the state for target competition
purposes, but the language is exceptionally strict. Traveling
through New York City, even with a license issued from another
jurisdiction within New York State, must be done carefully (locked
box, in vehicle's trunk, no unnecessary stops). Guns are fun
Application for a handgun license is through the individual's
county (or major city) of primary residence, usually the
police/sheriff's department, or a separate licensing authority
(i.e. the "Pistol Clerk"). After initial approval on the county
level, the application is then passed on to the New York State
Police for further approval. The applicant will be required to ask
close friends or associates to act as personal references, these
individuals may be required to fill out forms, that vary in length
by county, attesting to the applicant's good character. Pistol
licenses can take from less than four months for approval to more
than six months, but NY law only allows six months to process a
license. There is no "shall-issue" provision in New York State
pistol licensing law.
Pistol licenses are generally of two types, carry or premises-only
(most common in New York City) issued under NY Penal Law 400.
Restrictions can be placed on either type of license, for example,
a number of jurisdictions allow handgun license holders to carry
handguns only while in the field hunting (sportsman's license)
and/or traveling to and from the range (target license). These
restrictions, however, are administrative in nature; carrying a
licensed, registered handgun outside of the restrictions indicated
on the license should result in administrative (suspension,
revocation) penalties only.
All handguns possessed within New York State (except antiques or
replicas of antiques) must be registered, with each handgun's
registration indicated on the owner's pistol license. All handguns,
including antiques and replicas, must be registered in order to be
legally loaded and fired. Some counties limit who can register a
handgun on their license with some allowing cross registration of a
handgun from anyone to family members only to no handgun can be
cross registered. NY law does not address this issue. Sharing use
of a handgun not listed on your license is only allowed at a
certified range with the licensed handgun owner being present. (See
NY PL 265.20 7-a) A pistol license is required to physically
examine a handgun for purchase. A separate purchase document is
required for each handgun purchase that is obtained by filing an
amendment with the local authority.
In addition to laws pertaining to the entire state of New York,
there are additional laws and statutes pertaining to licensing and
permits in some of the major cities of the state; any city with a
population of over 100,000 is allowed to pass additional laws.
Cities
with stricter laws include Albany, Buffalo, Rochester and New York City
.
The cost and renewal of handgun licenses vary from county to
county. Importantly, concealed carry handgun licenses issued in New
York City are valid in the rest of the state however premises-only
licenses are not valid in the rest of the state. All Concealed
carry licenses issued outside of New York City are valid throughout
New York State except New York City.
Restrictions on New York State handgun licenses vary wildly from
jurisdiction to jurisdiction. For example, it is practically
impossible to be issued a carry pistol license in New York City,
unless the license applicant is a celebrity or employed in the
security industry. Most licenses issued in New York City are for
on-premises possession only, carrying to and from the range must
utilize a "locked-box". Periodic renewal fees, even on restricted
carry licenses, are highly prohibitive as well. Nassau, Suffolk,
Westchester and several other suburban counties are only slightly
less prohibitive, allowing a highly restricted "to and from the
range only" form of concealed carry.
In contrast to "practically no carry" New York City, and some
county Judges who only issue "to and from target shooting, hunting
and fishing" licenses, many upstate New York counties issue
"unrestricted" handgun licenses that allow unrestricted concealed
carry of a loaded handgun (except for important exceptions such as
schools, court houses/rooms, secure areas of airports). Some of the
most rural upstate counties (such as Delaware County) specifically
do not enforce the "concealed" language in New York State's
licensing law, thereby effectively allowing open carry.
Paradoxically, except for visiting New York City (which effectively
invalidates any carry license), the restrictions (or lack thereof)
as they appear on the license stay with the license as the
individual travels from region to region within the state. For
example, the holder of a Delaware County pistol license
(unrestricted carry) can carry his handgun into a diner in Suffolk
County, while his Suffolk County friend cannot. Most counties in NY
issue "lifetime" licenses:
PL400.00 - 10. License:
expiration, certification and renewal. Elsewhere than in
the City of New York and the counties of Nassau, Suffolk and
Westchester, any license to carry or possess a pistol or revolver,
..., shall be in force and effect until revoked as herein
provided. Renewable licenses last from the 3 year NY City's
license to 5 years in other counties with NY Cities license costing
$340 every 3 years.
This striking dichotomy in New York State handgun license policies
(upstate rural/downstate urban) is an outgrowth of three specific
cultural forces; the strength of home rule in New York State, the
prevalence of conservative political forces upstate, as well as the
gun culture during the various hunting seasons in the rural
counties. Not all of the most pro-gun counties of New York are
particularly far from New York City either, many a tourist getting
away from New York City for a weekend trip to the country has been
quite surprised at the prevalence of openly carried firearms of all
types only several hours from home.
Rifles and shotguns do not have to be registered in any
jurisdiction within New York State except for New York City, which
requires registration. Laws pertaining to the handling of rifles
and shotguns are in sharp contrast to those of handguns. For
example, licensed carry of a handgun on one's person allows the
handgun to be fully loaded, including within an automobile, while
visiting a place of business or while crossing a public road while
hunting. A rifle or shotgun cannot be kept loaded in any of the
above circumstances except for a self defense emergency. A range
officer would not normally take exception to a target shooter
driving to the range and entering the parking lot carrying a
licensed, loaded, holstered handgun; doing so with a loaded rifle
or shotgun would cause quite a stir.
Most handgun licenses are issued under 3 sections of NY PENal law
400 section 2:
(a) have and possess in his dwelling by a householder;
(b) have and possess in his place of business by a merchant or
storekeeper; ...
(f) have and carry concealed, without
regard to employment or place of possession, by any person when
proper cause exists for the issuance thereof;
Section 2 f (above) is the section of NY law that most people are
issued a handgun license under including the made up, "Sportsman's
license" that some counties call their restricted license. This
section only allows "have and carry concealed" so open carry in NY
State is not allowed however some police departments in some
counties may choose to ignore someone who does open carry.
NY PENal law: 265.20 section 7-e allows for youth between 14 and
21, inclusive, to shoot a handgun at a range as long as several
simple requirements are met.
New York
State is a particularly interesting case, because New York
separates all of New
England
from the bulk of the United States. This
means that under the
Firearm Owners Protection Act,
all people traveling through New York City and New York state with
firearms must have them unloaded and locked in a hard case where
they are not readily accessible (e.g. in the trunk of a vehicle)
and can never be in possession of a high capacity feeding device
made post ban.
New York State
has a ban that is an almost exact mirror of the
Federal Assault Weapons
Ban, except that it does not have a sunset provision.
Most of New York State gun laws are covered in two sections of New
York Penal law. Article 265 - (265.00 - 265.40) FIREARMS AND OTHER
DANGEROUS WEAPONS; Weapons Crimes, Firearms and Other Dangerous
Weapons, list definitions and legal violations. This sections
includes the banning of possession of a handgun, ("firearm" under
definition 3,) by anyone in New York State. Section 265.20 includes
exemptions to the handgun ban including to those who have a license
issued under Article 400 - (400.00 - 400.10) LICENSING AND OTHER
PROVISIONS RELATING TO FIREARMS; Licenses to Carry, Possess,
Hunting and Target, Repair and Dispose of Firearms.
New York State requires that anyone buying a gun at a gunshow must
have a background check done.
North Carolina
To
acquire a handgun in North Carolina
(including private sales, gifts, and inheritance)
an individual must go to the county sheriff's office in the county
in which they reside and obtain a pistol purchase permit.
This is not required if one has a CCW (
Carrying a Concealed
Weapon) permit. State law requires the applicant to appear in
person with government ID, pay a $5 fee, undergo a background check
similar in scope and scrutiny to
NICS, and
have a reason for owning a pistol (hunting, target shooting, self
defense, or collecting). Because there are 100 different county
sheriffs in North Carolina, there are different sets of rules and
requirements for obtaining such a permit, which can be determined
arbitrarily by the local sheriff. Some sheriffs impose other
restrictions such as a limit on the number of permits applied for
at a time, waiting periods, and/or proof of good moral character (a
witness or references, in some cases notarized with affidavits).
This requirement is a holdover from
Jim
Crow laws that were designed to prevent African-Americans and
other minorities from obtaining handguns.
Durham
County
requires the registration of handguns. In
accordance to North Carolina Law, no other county or local
government may require handgun registration.
North Carolina is a "shall issue" state for the concealed carry of
handguns. Application for a concealed carry license is made through
the local county sheriff's office. Applicants must complete a state
approved training course. A CCW license is valid for a period of
five years. Regardless of the possession of a CCW permit,
absolutely no person may possess a concealed weapon at any
government-run facility or any educational establishment.
North Carolina honors concealed carry permits issued by Alabama,
Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia,
Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi,
Missouri, Montana, New Hampshire, New Mexico, North Carolina, North
Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota,
Tennessee, Texas, Utah, Virginia, Washington, and West Virginia.
North Carolina's permit is valid in approximately thirty states,
more than any other CCW permit.
Open
Carry is also legal throughout North Carolina except within the
town of Cary
, which forbids it by local ordinance.
In the
city of Chapel Hill
, open carry is restricted to guns of a certain
minimum size, under the theory that small, concealable weapons are
more often associated with criminal activity. No permit is
required to carry a weapon openly in North Carolina.You shall be
able to carry weapons if no one is harmed.If you threat some one
you will be arrested.
North Dakota
North Dakota
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.
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.
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.
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.
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 theHome Rule Amendment, a statute must(1) be part of a statewide
and comprehensive legislative enactment(2) apply to all parts of
the state alike and operate uniformly throughout the state(3) set
forth police, sanitary, or similar regulations, rather than merely
grant or limit legislative power of a municipal corporation to set
forth police, sanitary, or similar regulations(4) prescribe a rule
of conduct upon citizens generally. City of Canton v. State (2002),
95 Ohio St. 3d 149, 766 N.E.2d 96
Courts have found that the new CCW rules fall under all of the
above requirements.
Ohio's concealed handgun law allows for reciprocity with other
states with "substantially comparable" statutes, and to date Ohio
has reciprocity with 21 other states. States that honor this
state's Permit/License are listed below with 26 more in discussions
about reciprocity:
- Alaska
Updated: 2007-12-20
http://www.dps.alaska.gov/Statewide/PermitsLicensing/reciprocity.aspx
- Arizona
Updated: 2006-12-24
http://www.azdps.gov/ccw/reciprocity/default.asp
Non-resident permit/license
okay
- Delaware
Updated: 2005-06-02
http://attorneygeneral.delaware.gov/crime/concealedweapons.shtml
- Florida
Updated: 2005-06-01
http://licgweb.doacs.state.fl.us/news/concealed_carry.html
Resident permit/license only
- Idaho
Updated: 2005-06-01
http://www.isp.state.id.us/patrol/faqs.html
- Indiana
Updated: 2004-01-09
http://www.in.gov/isp/faq/index.html
- Kentucky
Updated: 2004-01-09
http://www.kentuckystatepolice.org/conceal.htm
- Michigan
Updated: 2005-06-01
http://www.michigan.gov/ag/0,1607,7-164-17334_17362_22672-60639--,00.html
Resident permit/license only
- Missouri
Updated: 2004-02-27
- Montana
Updated: 2005-06-01
http://www.doj.mt.gov/enforcement/criminaljustice/concealedweapons.asp
- New Mexico
Updated: 2005-11-30
Non-resident permit/license
okay
- North Carolina
Updated: 2005-08-21
http://www.ncdoj.com/law_enforcement/cle_handguns.jsp
- Oklahoma
Updated: 2005-06-02
http://www.oag.ok.gov/
- South Carolina
Updated: 2006-12-27
http://www.ag.state.oh.us/le/prevention/concealcarry/reciprocity.asp
Resident permit/license only
- South Dakota
Updated: 2005-07-01
http://www.sdsos.gov/adminservices/concealedpistolpermits.shtm
Non-resident permit/license
okay
- Tennessee
Updated: 2005-06-02
http://www.tennessee.gov/safety/handgun/reciprocity.htm
- Utah
Updated: 2009-06-03
http://publicsafety.utah.gov/bci/FAQother.html
- Vermont
Updated: 2004-09-11
See general notes section of Vermont
page
- Virginia
Updated: 2004-07-30
http://www.vsp.state.va.us/cjis_reciprocity.htm
- Washington
Updated: 2004-06-30
http://www.atg.wa.gov/firearms/states.shtml
- Wyoming
Updated: 2004-07-19
http://attorneygeneral.state.wy.us/dci/CWP.html
An Ohio CCW license does not allow totally unfettered carry. Any
owner of private property can ban concealed handguns by posting a
sign in clear view, and most government buildings are off-limits as
well as hospitals and schools and most religious places as long as
they are clearly marked (to be clearly marked, you MUST have a sign
clearly posted by your entrances). Ohio statute ORC 2923.16 allows
for three ways for a licensee to carry a concealed handgun in a
motor vehicle (which includes motorcycles):
- In a closed case, bag, box, or other container that is in plain
sight and that has a lid, a cover, or a closing mechanism with a
zipper, snap, or buckle, which lid, cover or closing mechanism must
be opened for a person to gain access to the handgun;
- In a closed glove compartment or console, or in a case that is
locked;
- In a holster secured on the person.
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.
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.
Oklahoma
When carrying a firearm with a concealed carry license, the handgun
must be completely concealed. Under
21 O.S. § 1290.6 it is illegal to carry a handgun
larger than .45 caliber pursuant to the Oklahoma Self-Defense Act
(licensed concealed carry).
Oregon
In
Oregon
, the right
to bear arms is protected by Article 1, Section 27 of the state
constitution.
Oregon is a
shall-issue
concealed-carry state and is notable for having very few
restrictions on where a concealed firearm may be carried. 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.
Oregon is also an
open-carry state, 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.
The cities of Portland
, Beaverton
, Tigard
, Oregon
City
, Salem
, and
Independence
have banned loaded firearms in all public
places.
Pennsylvania
In a "city of the first class" (The number of residents equals 1
million or more.
Philadelphia
is the only such city in Pennsylvania
), a license to carry a firearm (LTCF) is also
needed to openly carry a firearm (unconcealed). There are
multiple times when carrying a gun without a license is allowed
like going hunting or to the firing range, but unless your
activities fall under one of these exceptions, a license is
required to carry a handgun. Nonetheless, all Pennsylvania LTCF
permits are valid in Philadelphia.
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
--- |
No |
| Firearm registration? |
No |
No |
--- |
No |
| "Assault weapon" law? |
No |
No |
--- |
No |
| Owner license required? |
No |
No |
--- |
No |
| Carry permits issued? |
No |
Yes |
--- |
*See note above |
| State Preemption of local restrictions? |
Yes |
Yes |
--- |
--- |
| NFA weapons restricted? |
No |
No |
--- |
Ban on explosive destructive devices. |
|
Rhode Island
Although Rhode Island is a shall issue state by the 'local
licensing authority' (
RI Gen Law 11-47-11), they will revert you to
the Attorney General when applying which is a MAY issue licensing
authority (
RI Gen Law 11-47-18). The local Police Chief
has to sign ones application to 'verify residency' before one can
submit the application to the attorney general. But, before he
signs the application he may have you take an NRA Safety Course
from a Certified NRA Instructor within the state. After one
receives the training, the local B.C.I. unit may also make you wait
four to six weeks to get ones fingerprints on a F.B.I. card needed
for a new application. The whole process could take around three to
four months before you can submit the application for consideration
and then you will be told to allow up to ninety days for a
response. all of this is not true
South Carolina
South
Carolina
is a
"shall issue" concealed carry permit state. South Carolina
also has "
Castle Doctrine" legal
protection of the use of deadly force against intruders into one's
home, business, or car. Open carry is not allowed, but no permit is
required to carry a loaded handgun in the console or glove
compartment of a car. As of September 12, 2008, states with which
South Carolina has reciprocity are: Alaska, Arizona, Arkansas,
Florida, Kansas, Kentucky, Louisiana, Michigan, Missouri, North
Carolina, Ohio, Texas, Tennessee, Virginia, West Virginia, and
Wyoming.
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.
A person who is not engaged in an unlawful activity and
who is attacked in another place where he has a right to be,
including, but not limited to, his place of business, has no duty
to retreat and has the right to stand his ground and meet force
with force, including deadly force, if he reasonably believes it is
necessary to prevent death or great bodily injury to himself or
another person or to prevent the commission of a violent crime as
defined in Section 16-1-60.
South Dakota
South Dakota
is a "shall issue" state for concealed
carry. The local county sheriff shall issue a permit to
carry a concealed pistol to qualified applicants. A temporary
permit shall be issued within five days of the application.
Concealed carry is not permitted at an elementary or secondary
school, in a courthouse, or in any establishment that derives over
half of its income from the sale of alcoholic beverages. For
non-residents, South Dakota recognizes valid concealed carry
permits from any other state.
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.
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. Firearms manufacturers,
distributors, and sellers are not liable for injury caused by the
use of firearms.
Tennessee
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
None |
No |
| Firearm registration? |
No |
No |
None |
No |
| "Assault weapon" law? |
No |
No |
None |
No |
| Owner license required? |
No |
No |
None |
No |
| Carry permits issued? |
No* |
Yes |
T.C.A. 39-17-1351 |
Permits are "shall-issue". Concealed or open carry of a handgun
is allowed with permit. *Loaded long gun carry is generally
illegal. Those with a HCP may have loaded longs in a private
vehicle so long as there is not a round in the chamber T.C.A. 39-17-1307(e) There are also other exceptions
(like for hunting) listed in 39-17-1307 |
| State Preemption of local restrictions? |
Yes |
Yes |
T.C.A. 39-17-1314 |
Local governments may post signs per T.C.A. 39-17-1359to prohibit carry on government
property, just like private property owners. |
| NFA weapons restricted? |
No |
No |
None |
|
| Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
| Self-Defense Law |
- |
- |
T.C.A. 39-11-611 |
There is not duty to retreat before using deadly force, as long
as you are acting lawfully and are in a place you have a right to
be in. It is presumed you had a reasonable fear of imminet death or
serious bodily injury if someone unlawfully and forcibly enters a
residence, business, dwelling or vehicle. |
|
Places off-limits even with a Handgun Carry Permit
| Location |
Relevant Statutes |
Notes/Exceptions |
| Places open to the public that serve alcohol for onsite
consumption |
T.C.A. 39-17-1305 |
Carry is legal if the place is a restaurant as defined in
39-17-1305(c)(3)(B) and you are not consuming alcohol |
| Any room where a judicial proceeding is taking place |
T.C.A. 39-17-1306 |
If a proceeding is not taking place in a courtroom, then carry
would be legal. If a judicial proceeding is taking place in any
room, say a hospital room, then carry would be illegal |
| Schools |
T.C.A. 39-17-1309 |
Carry is legal if you are entering the property solely to pick
up or drop off passengers and you do not remove, utilize or allow
to be removed or utilized the weapon from the vehicle. T.C.A. 39-17-1310(4) |
| Some local Public Parks |
T.C.A. 39-17-1311 |
If you have a HCP carry in State and local parks is legal by
default. However Local governments per 39-17-1311(d) may vote to
make carry illegal in the parks under their control. If a local
park is being used for a school activity, then it is off-limts per
39-17-1309 during the activity. See TN AG Opinions 09-129 & 09-160 |
| Any area/building/property posted with a sign per
39-17-1359 |
T.C.A. 39-17-1359 |
The code says the wording of the sign must be "substantially
similar" to that used in the code not exact, however it has never
been legally defined what substantially similar means. See TN AG
Opinion 07-43 |
|
Tennessee State Constitution, Article I, Section 26, reads:
That the people have the right to keep and bear arms
for their common defense; but the Legislature shall have the power,
by law, to regulate the wearing of arms with a view to prevent
crime.
State supreme court rulings and state attorney general opinions
interpret Section 26 to mean regulation cannot and should not
interfere with the common lawful uses of firearms, including
defense of the home and hunting, but should only be aimed at
criminal behavior. "Going armed", carrying any sort of weapon for
offense or defense in public, is a crime, except carrying a handgun
for defense is allowed with a state-issued permit. At one time,
Tennessee required a purchase permit for a handgun approved by
one's city police chief or county sheriff with a fifteen-day
waiting period; that was replaced under the federal Brady Act with
the Tennessee Instant Check System (TICS).
Texas
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
None |
|
| Firearm registration? |
No |
No |
None |
|
| "Assault weapon" law? |
No |
No |
None |
|
| Owner license required? |
No |
No |
None |
|
| Carry permits issued? |
No |
Yes |
GC Ch. 411 Subch H, PC 46.15 |
Concealed carry of a handgun requires a "shall-issue" permit.
Open carry of a handgun is prohibited with some exceptions
(hunting, on one's own property). Open carry of a long gun is
generally legal as PC 46.02 (unlawful carry of weapons) only
mentions handguns. |
| State Preemption of local restrictions? |
Yes |
Yes |
Const. 1.23, PC 1.08 |
"... the Legislature shall have the power, by law, to regulate
the wearing of arms, with a view to prevent crime." In addition (PC
1.08), no lower level of government may pass a law that penalizes
any conduct which is specifically covered by the State
statutes. |
| NFA weapons restricted? |
No |
No |
None |
|
| Peaceable Journey laws? |
Yes |
Yes |
PC 46.02, PC 46.15 |
A person may carry a concealed, loaded handgun without a permit
while in or heading directly to a car they own or control. |
| Castle Doctrine? |
Yes |
Yes |
PC 9.32 |
A person is presumed justified in using deadly force to protect
themselves against an unlawful, forceful intrusion into their
dwelling. There is no duty to retreat from any place where the
shooter has a legal right to be. |
Texas
has no
laws regarding possession of shotguns, or rifles by persons 18
years or older without felony convictions; 21 years or older for
handguns. NFA weapons are also only subject to Federal
restrictions; no State regulations exist. Municipal and county
ordinances on possession and carry are generally overridden
(
preempted) due to the wording of
the Texas Constitution, which gives the Texas Legislature (and it
alone) the power to "regulate the wearing of arms, with a view to
prevent crime". Local ordinances ondischarge of a firearm are
generally allowed under this pre-emption.
A rifle, shotgun, or other long-barreled firearm may be carried
openly, although there is debate as to whether doing so constitutes
"disorderly conduct" (which defines an offense, in part, as
"displaying a firearm or other deadly weapon in a public place in a
manner calculated to cause alarm").
Open
carry of a handgun in public is generally illegal in Texas;
exceptions include when the carrier is on property he/she owns or
has lawful control over, while hunting, or while participating in
some gun-related public event such as a gun show. A permit to carry
concealed is thus required to carry a handgun in public. Concealed
carry permits are issued on a non-discretionary basis
("shall-issue") to all qualified applicants. In addition, Texas
recognizes most out-of-state concealed-carry permits.
The concealed handgun law sets out the eligibility criteria that
must be met. For example, an applicant must be qualified to
purchase a handgun under the state and federal laws. Additionally,
a number of factors may make a person ineligible (temporarily or
permanently) to obtain a license, including: felony convictions
(permanent) and Class A or B misdemeanors (5 years, permanent in
cases of domestic violence), including charges that resulted in
probation or deferred adjudication, pending criminal charges
(indefinite until resolved), chemical or alcohol dependency
(defined as 2 convictions for substance-related offenses; 10-year
ban from the date of the first conviction), certain types of
psychological diagnoses (indefinite until the condition is
testified by a medical professional as being in remission),
protective or restraining orders (indefinite until rescinded), or
defaults on taxes, governmental fees, student loans or child
support (indefinite until resolved). This last category, though
having little to do with a person's ability to own a firearm, is in
keeping with Texas policy for any licensing; those who are
delinquent or in default on State-regulated debts are generally
barred from obtaining or renewing any State-issued license, as an
incentive to settle those debts.
A person wishing to obtain a CHL must also take a State-set
instruction course covering topics such as applicable laws,
conflict resolution, and handgun safety, and pass a practical
qualification at a firing range with a weapon of the type they wish
to use (revolver or semi-automatic) and of a caliber greater than
.32". They may then apply, providing a picture, fingerprints and
other documentation, to the DPS, which processes the application,
runs a background check, and if all is well, issues the
permit.
On March 27, 2007, Governor
Rick Perry
signed Senate Bill 378 into law, making Texas a "
Castle Doctrine" state which came
into effect September 1, 2007. 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. 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.
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.
Utah
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State Permit to Purchase? |
No |
No |
None |
Utah charges a $7.50 fee for an instant background check. This fee is
waived for persons with a Utah issued Concealed Firearm
Permit. |
| Firearm registration? |
No |
No |
None |
|
| "Assault weapon" law? |
No |
No |
None |
|
| Owner license required? |
No |
No |
None |
|
| Carry permits issued? |
Yes |
Yes |
53-5-704 |
Division duties—Permit to carry concealed
firearm.The division or its designated agent shall issue a
permit to carry a concealed firearm for lawful self defense to an
applicant who is 21 years of age or older within 60 days after
receiving an application, unless during the 60-day period the
division finds proof that the applicant is not of good
character. |
| State Preemption of local restrictions? |
Yes |
Yes |
53-5-102 |
Uniform firearm laws."... All authority to
regulate firearms is reserved to the state except where the
Legislature specifically delegates responsibility to local
authorities or state entities. Unless specifically authorized by
the Legislature by statute, a local authority or state entity may
not enact, establish, or enforce any ordinance, regulation, rule,
or policy pertaining to firearms that in any way inhibits or
restricts the possession or use of firearms on either public or
private property. |
| NFA weapons restricted? |
No |
No |
76-10-505.5 |
The only mention of NFA weapons in Utah law is possession of a
sawed-off shotgun on school premises. The penalty is the same as a
normal firearm, and there is an exemption for concealed firearm
permit holders. |
| Peaceable Journey laws? |
Yes |
Yes |
76-10-523 |
Persons exempt from weapons laws.(g) a
nonresident traveling in or through the state, provided that any
firearm is: unloaded; and securely encased as defined in Section
76-10-501. Handguns may be loaded in any vehicle under the persons
control. |
| Castle Doctrine? |
Yes |
Yes |
76-2-402 |
Force in defense of person—Forcible felony
defined.A person is justified in threatening or using
force against another when and to the extent that he or she
reasonably believes that force is necessary to defend himself or a
third person against such other's imminent use of unlawful force.
However, that person is justified in using force intended or likely
to cause death or serious bodily injury only if he or she
reasonably believes that force is necessary to prevent death or
serious bodily injury to himself or a third person as a result of
the other's imminent use of unlawful force, or to prevent the
commission of a forcible felony. |
Utah allows for
open carry of
unloaded firearms without a concealed firearm permit.
"Unloaded" as it applies here, means that there
is no round in the firing position, and the firearm is at least two
"mechanical actions" from firing. As carrying the firearm with the
chamber empty, but with a full magazine, meets this definition (the
handler must chamber a round, and then pull the trigger), this is a
common work around for Utah residents who do not wish to acquire a
permit. Without the permit, the firearm must be clearly visible.
Utah requires a permit to carry a concealed firearm. With a permit,
a person may carry a firearm with a loaded chamber either openly or
concealed.
Utah will honor a permit issued by any state or
county.
Utah law allows for a "Non-Resident" Concealed Firearm Permits to
be issued. The Utah Concealed Firearm Permit is valid in
thirty-four states across the US. However there are several states
that have passed statutes that do not honor a "Non-Resident"
permit. For example, Colorado will honor Utah's permit, but the
permitee must be a resident of Utah for his permit to be valid.
Utah concealed firearm permits are "shall issue" and will be issued
to anyone meeting the requirements.
Utah law recognizes a permit to carry a concealed firearm issued by
any state or county (76-10-523(2)(b)).
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.
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.
Utah weapon laws can be found at
the
Utah State Legislature home page.
Vermont
Vermont
has very few gun control laws. Gun dealers
are required to keep a record of all handgun sales. It is illegal
to carry a gun on school property or in a courthouse. State law
preempts local governments from
regulating the possession, ownership, transfer, carrying,
registration or licensing of firearms.
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."
Virginia
The right
to keep and bear arms is protected by the Constitution of Virginia
.
The Constitution of Virginia: Article I, Section 13. Militia;
standing armies; military subordinate to civil power.
That a well regulated militia, composed of the body of
the people, trained to arms, is the proper, natural, and safe
defense of a free state, therefore, the right of the people to keep
and bear arms shall not be infringed; that standing armies, in time
of peace, should be avoided as dangerous to liberty; and that in
all cases the military should be under strict subordination to, and
governed by, the civil power.
State Preemption
There is State preemption of local firearm laws.
Localities may regulate:
- The discharge of firearms.
- The transportation of a loaded rifle or shotgun.
- Fingerprinting for concealed handgun permits, though
fingerprints may not be kept and must be destroyed or returned to
the applicant following the background check.
- The governing body of any county may require sellers of pistols
and revolvers to furnish the clerk of the circuit court of the
county, within ten days after sale of any such weapon, with the
name and address of the purchaser, the date of purchase, and the
number, make and caliber of the weapon sold.
- The use of pneumatic guns.
Legality of certain firearms
- Striker 12 Shotguns, aka "streetsweeper," or any semi-automatic
folding stock shotgun of like kind with a spring tension drum
magazine capable of holding twelve shotgun shells is illegal in the
state of Virginia.
- National Firearms Act
weapons are allowed under Virginia state law but machine guns must be registered with the
Virginia State Police.
Prohibited Places
Firearms are prohibited from the following places:
- Places of religious worship, without good and sufficient
reason.
- Any courthouse.
- An air carrier airport terminal.
- Loaded firearms that hold more than 20 rounds, or a shotgun
that holds more than 7 shells, on any public street, road, alley,
sidewalk, public right-of-way, or in any public park or any other
place of whatever nature that is open to the public in the Cities
of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News,
Norfolk, Richmond, or Virginia Beach or in the Counties of
Arlington, Fairfax, Henrico, Loudoun, or Prince William. Holders of
Concealed Handgun Permit(CHP)are exempt from this law.
- The property of any public, private or religious elementary,
middle or high school, including buildings and grounds; that
portion of any property open to the public and then exclusively
used for school-sponsored functions or extracurricular activities
while such functions or activities are taking place; or any school
bus owned or operated by any such school. Although a person with a
Concealed Handgun Permit is allowed to have their weapon with them
on school property so long as they remain inside a vehicle. Should
they exit the vehicle, the firearm must remain inside the vehicle
while on school property.
- Concealed handguns are prohibited from any restaurant or club
that is licensed to sell alcohol for on-premises consumption.
Openly carried handguns are permitted in such places.
- Private property where prohibited by the owner.
Prohibited Persons
The following persons are prohibited from possessing a firearm in
Virginia:
- ...acquitted by reason of insanity.
- ...adjudicated legally incompetent, mentally
incapacitated,
- ...involuntarily admitted to a facility or ordered to mandatory
outpatient treatment.
- ...subject to protective orders.
- ...convicted of certain drug offenses; for a period of five
years.
- ...who have been convicted of a felony, kidnapping, robbery by
the threat or presentation of firearms, or rape.
- ...not a citizen of the United States or who is not a person
lawfully admitted for permanent residence.
- ...under the age of 18, while outside of his home or property
without parental permission and adult supervision. A child over the
age of 12 may use a firearm while unsupervised, in a place they
have been granted permission by the property owner, if the child
has been authorized by a parent, guardian, or a person twenty-one
years or over is to supervise the child in the use of a
firearm.
Purchasing of firearms
- A person may not sell or otherwise furnish firearms to any
person he knows is prohibited from possessing or transporting a
firearm pursuant to § 18.2-308.1:1, 18.2-308.2, subsection B of §
18.2-308.2:01, or § 18.2-308.7.
- Dealers must perform a criminal background check.
- Non-residents may purchase long guns and handguns, but a
handgun purchase requires a report from the Department of State
Police.
- One handgun per 30-day period.
- Except:
- Upon completion of an enhanced background check
- A law enforcement agency
- An agency duly authorized to perform law-enforcement
duties
- State and local correctional facilities
- A private security company licensed to do business within the
Commonwealth
- The purchase of antique firearms
- A person whose handgun is stolen or irretrievably lost who
deems it essential that such handgun be replaced immediately
- A person who trades in a handgun at the same time he makes a
handgun purchase and as a part of the same transaction, provided
that no more than one transaction of this nature is completed per
day
- A person who holds a valid Virginia permit to carry a concealed
handgun
- A person who purchases a handgun in a private sale for the
enhancement of a personal collection of curios or relics or who
sells all or part of such collection of curios and relics.
- A law-enforcement officer
- The exchange or replacement of a handgun by a seller for a
handgun purchased from such seller by the same person seeking the
exchange or replacement within the 30-day period immediately
preceding the date of exchange or replacement
Open Carry (OC)
- Legal when the firearm is not hidden from common
observation.
- No permit is required to openly carry a firearm.
- The minimum age to open carry (OC) is 18.
- It is more common in rural areas of Virginia.
- It is uncommon in urban areas, but not unheard of nor illegal.
- Local law enforcement in some areas have been known to stop and
question individuals openly carrying firearms.
- It is legal to openly carry in a vehicle.
- Since concealed carry is prohibited in restaurants and clubs
that serve alcohol, it is common for someone carrying a concealed
firearm to comply with the law by tucking their shirt behind the
butt of their handgun when they enter the premises. This is known
as the Virginia Tuck.
Concealed Carry
Concealed firearms:Virginia
shall issue
a Concealed Handgun Permit (CHP) to any qualified person, 21 years
of age or older who applies in writing to the clerk of the circuit
court of the county or city in which he resides. Virginia also
issues non-resident permits to qualifying individuals. The permit
may cost no more than $50 for residents, and $100 for
non-residents. The permit is valid for five years, but can be
revoked for unlawful activities. The CHP does not permit the
carrying of any concealed weapons enumerated in § 18.2-308 except a
handgun. A CHP holder may not carry a concealed weapon into a
restaurant or club licensed to serve alcohol for on-premises
consumption. A CHP holder, while carrying a concealed handgun, may
not be under the influence of alcohol or illegal drugs. A
conviction of driving while intoxicated [§ 18.2-266] or public
intoxication [§ 18.2-388] are examples of prima facie evidence that
the person is "under the influence." Virginia maintains concealed
handgun permit reciprocity with other States and recognizes some
licenses from other States without a formal reciprocity agreement.
The list of such states is maintained by the Virginia State
Police.
The following persons are prohibited from applying for a concealed
handgun permit:
- Any prohibited person enumerated above.
- Persons under the age of 21.
- An individual who has been convicted of two or more
misdemeanors within the five-year period immediately preceding the
application, if one of the misdemeanors was a Class 1
misdemeanor.
- An individual who has been convicted of any assault, assault
and battery, sexual battery, discharging of a firearm in violation
of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in
violation of § 18.2-282 within the three-year period immediately
preceding the application.
- An individual who has been convicted of stalking.
- An individual who has received mental health treatment or
substance abuse treatment in a residential setting within five
years prior to the date of his application for a concealed handgun
permit.
- An individual who is addicted to, or is an unlawful user or
distributor of, marijuana or any controlled substance.
Virginia Concealed Handgun Permit (CHP) holder exemptions
- May purchase more than one handgun per 30-day period.
- May carry a semi-automatic center-fire rifle or pistol loaded
with 20 rounds or more in certain, prohibited, public areas.
- Gun Free School Zone Act: CHP holders may carry guns on school
grounds in their personal vehicles as long as they stay in the car
and the gun remains concealed
- General College Carry Restrictions
- May carry firearms in the VA General Assembly.
- May carry concealed handguns in State parks.
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.
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
.
Currently, there is a growing movement towards open carry in
Washington. In Washington, there was a tremendous amount of
disinformation among law enforcement officers, gun store employees,
and firearms instructors about
RCW 9.41.270.
In December 2005, activists Gray Peterson and Jim March went to the
state archives in Olympia to research the origins of the law.
March, with his experience in researching gun control laws created
out of racial discrimination and strife in California, surmised
during a conversation with Wilson, that due to the year it was
passed, it was likely due to "Panther paranoia." March was proven
correct.
The law, passed in 1969, was passed in response to incidents
involving the Seattle Chapter of Black Panther Party at
Rainier Beach High School and the
Protest of the Mulford Act by
the main organization in the California Assembly.
Since the Washington State Constitution contains an individual
right-to-keep-and-bear-arms provision (Article 1, Section 24), the
Washington Legislature revised the bill that was debated to remove
the "within 500 feet [152 m] of a public place" provisions and left
the current statute as is. There were points of debate about
whether this could be interpreted as an open-carry ban, to which
the sponsors of the bill replied that it was a ban against the type
of intimidation that the
Black
Panther Party engaged in at Rainier Beach and the California
Assembly, not an open-carry ban.
Many law enforcement personnel, a generation removed from the
events and discussions of the Legislature when the law was created
and without much guidance, interpreted the law passed as an
open-carry ban that is situational to someone making a 911 phone
call. This interpretation spread to gun store employees and
firearms instructors, who have a lot of personal interaction with
law enforcement.
Using the information from the state archives, Wilson pursued the
issuance of guidance and memorandums to individual officers by
police administrators. After one of these bulletins was issued by
one department, Wilson acquired the bulletin by a public-records
request, used the training bulletin as a template, and approached
most police departments throughout the state. To this day, over a
dozen major departments, including the King County Sheriff's
Department and the Seattle Police Department, have issued
advisories and roll call training to their officers that peaceable
open carry of a handgun in a holster is legal.
As a general rule, a person may legally open-carry in Washington
State in any place it is legal to possess a loaded handgun. To
open-carry in a vehicle (i.e., car, bus, etc...) a person must have
a valid concealed pistol license. Some police agencies can be
unfriendly towards open-carry, so it is important that before a
person exercises their right to bear arms in this fashion they
acquaint themselves with relevant laws.
Prohibited areas for firearms are contained in
RCW 9.41.300,
RCW 9.41.280, and
RCW 70.108.150.
Per
RCW 9.41.290 (state preemption of firearm
laws), divisions of local government (city, county, town, or other
municipality) cannot regulate firearms more restrictively than the
state does. Exceptions to state preemption — that is, areas in
which local governments are allowed to regulate firearms — are
contained in
RCW 9.41.300. These exceptions include:
- "Restricting the discharge of firearms in any portion of their
respective jurisdictions where there is a reasonable likelihood
that humans, domestic animals, or property will be jeopardized.
Such laws and ordinances shall not abridge the right of the
individual guaranteed by Article I, section 24 of the state
Constitution to bear arms in defense of self or others."
- "Restricting the possession of firearms in any stadium or
convention center, operated by a city, town, county, except that
such restrictions shall not apply to [concealed pistol license
holders, law enforcement officers, or any] showing, demonstration,
or lecture involving the exhibition of firearms."
- "Restricting the areas in their respective jurisdictions in
which firearms may be sold."
Several localities (including transit agencies) who had wrongfully
enforced preempted local ordinances and rules have been challenged
by activists in the open-carry movement (who are most directly
affected by the enforcement of such ordinances) and have since
backed down from enforcement and directed their police departments
no longer to enforce the ordinances and rules.
Washington allows ownership of a firearm silencer, but using one is
prohibited by
RCW 9.41.250(1c) which makes it a gross misdemeanor to
"Use any contrivance or device for suppressing the noise of any
firearm."
Washington is a
"Stand
Your Ground" state, in which there is no duty to retreat in the
face of what would be perceived by an ordinary person to be a
threat to themselves or others by another person that is likely to
cause serious injury or death.
It is a Class C felony for a non-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).
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.
It is a gross misdemeanor to aim a firearm "whether loaded or not,
at or towards any human being".
Washington State accepts concealed-weapons permits from the
following states: Louisiana, Michigan, Mississippi, North Carolina,
Ohio, Oklahoma, and Utah.
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;". This little known law essentially allows vehicle
and concealed carry WITHOUT a CPL as normally required in 9.41.050
as long as you meet the provisions of that section.
West Virginia
| Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
| State permit to purchase? |
No |
No |
None |
|
| Firearm registration? |
No |
No |
None |
|
| "Assault weapon" law? |
No |
No |
None |
|
| Owner license required? |
No |
No |
None |
|
| Carry permits issued? |
No |
Yes |
§§ 61-7-3, 4, 5, 6 |
Concealed carry of pistols and revolvers allowed with permit;
no permit required for concealed carry of pistols and revolvers in
home or place of work. |
| State preemption of local restrictions? |
Yes |
Yes |
§ 7-1-3 |
Some local restrictions are grandfathered. |
| NFA weapons restricted? |
No |
No |
None |
|
| Peaceable journey laws? |
No |
No |
None |
Federal rules observed. |
|
In West Virginia permits aren't required to possess handguns. A
permit test must be passed and a license acquired to carry a
concealed handgun. West Virginia also allows open carry.
State
laws are preempted, but there still
remain grandfathered restrictions on
open carry in some localities, such as Charleston
Charleston City Code, Sec. 78-163. Carrying without
license or other authorization and Dunbar
.
The
SB 716 is a proposed senate bill which would
amend the law to remove those restrictions.
West Virginia enacted the
castle
doctrine on April 10, 2008.
Wisconsin
Wisconsin is one of two states that completely prohibit concealed
carry by private citizens. Open carry is legal except where
prohibited by law (vehicles, government buildings, schools, and
establishments that sell liquor for consumption on the premises,
and 1000' from the edge of school property unless on private
property)." 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 release a
memorandum to all law enforcement agencies stating that mere open
carry of a firearm was not disorderly conduct, and instructed both
law enforcement and the district attorneys to cease this practice.
Inside vehicles, the firearm must be both unloaded and encased;
having a loaded firearm on the front seat was held to be concealed
and therefore illegal in a 1994 case. Bills to enact "shall-issue"
were twice vetoed by Governor
Jim Doyle in
January 2004 and again in January 2005 after passing in both houses
of the Wisconsin legislature. In 2005, the Assembly fell two votes
short of overriding Doyle's veto. In 2006, Governor
Jim Doyle stated "you want to carry a gun in
Wisconsin, wear it on your hip."
Other laws
Possession of a firearm while intoxicated, shooting within 100
yards (91 m) of a home without permission, pointing a weapon at
anyone except in self-defense, and negligent handling of a weapon
are all outlawed. Statute 941.20
Carrying a concealed weapon is a class A misdemeanor, state statute
941.23. This is any "weapon", not just firearms. Knives are legally
defined as "dangerous weapons".
Going armed in any building owned/leased by the government is a
class A misdemeanor, state statute 941.235.
Carrying a handgun where alcohol is sold/consumed is generally a
class A misdemeanor, state statute 941.237.
Armor-piercing ammunition prohibited in handguns when committing a
crime. Statute 941.296.
"No person may carry or display a facsimile firearm in a manner
that could reasonably be expected to alarm, intimidate, threaten or
terrify another person", unless on your own property or business,
or that of another person with their consent. Statute
941.2965.
Wisconsin has a state pre-emption law that generally forbids cities
from passing firearms ordinances more strict than that of state
law. Statute 66.0409.
This doesn't affect zoning regulations,
which is why only one Madison
gun shop sold handguns. That shop, along with
others as well as the only gun club in Middleton
, have closed.
Committing a crime while possessing a dangerous weapon is a penalty
enhancer. Statute 939.63.
It is a felony to possess a firearm if you:
- Have been convicted of a felony
- Committed a felony as a juvenile
- Have been found not guilty of a felony by reason of mental
disease or defect
- Have been committed under mental health laws and ordered not to
possess a firearm
- Are the subject of a domestic-abuse or child-abuse restraining
order
- Are ordered not to possess firearms as a subject of a
harassment restraining order.
Any person who knowingly provides a firearm to an ineligible person
is party to a felony crime. Statute 941.29
Buying and selling
There is a 48-hour waiting period on handgun purchases from an FFL
dealer (does not apply to private sales): Statute 175.35
Rifles and shotguns can be purchased in a contiguous state as long
as the purchase complies with Federal law and the laws of the
contiguous state. Statute 175.30
State parks and wildlife refuges
Statute 29.089 requires firearms to be unloaded and encased in
state parks. There is an exception for hunting when the hunt is
administratively approved. Statute 29.091 requires firearms to be
encased and unloaded in wildlife refuges.
Class 3 firearms
Machine guns are legal if you follow BATFE process, state statute
941.27
Short-barrel rifles and shotguns are legal if you follow BATFE
process, state statute 941.28
Silencers are legal if you follow BATFE process, statute
941.298
Firearms and minors
It is a class I felony to possess a firearm on school grounds or
within 1000' of a school zone. Statute 948.605. This statute does
not apply to:
- private property not part of school grounds
- individuals licensed by the local government body to possess
the firearm
- unloaded and encased firearms
- individuals with firearms for use in a school-approved
program
- individuals with school contract to possess firearm
- law enforcement acting in official capacity
- unloaded firearms when traversing school grounds to gain access
to hunting land, if the entry is approved by the school.
It is a class G felony to discharge or attempt to discharge a
firearm in a school zone. Limited exceptions for private property
not part of school grounds, school programs, and law
enforcement.
Leaving a firearm within reach of a child under 14 is generally a
misdemeanor, if that child points it at anyone or shows it to
anyone in a public place. Defenses include having the gun locked in
a safe or container, or having a trigger lock on the gun, or
removal of a key operating part, or illegal entry by anyone to
obtain the firearm, or a reasonable belief a juvenile couldn't
access the firearm. Statute 948.55
Firearms retailers are required to provide every buyer with a
written warning stating, "If you leave a loaded firearm within the
reach or easy access of a child, you may be fined or imprisoned or
both if the child improperly discharges, possesses or exhibits the
firearm." Statute 175.37
Possession of a dangerous weapon by anyone under 18 is a class A
misdemeanor. Giving/loaning/selling a dangerous weapon to someone
under 18 is a class I felony. Statute 948.60. Defenses to
prosecution under this statute:
- Target practice under the supervision of an adult
- Members of armed forces under 18 in the line of duty.
For hunting purposes, the following exceptions to the age limit
apply, as specified in statute 29.304 for weapons with barrels 12"
or longer.
- under 10 may not hunt with a firearm or bow under any
circumstances
- under 10 can only possess firearm/bow in Hunter Safety class,
or while cased/unloaded and under adult supervision while going
to/from Hunter Safety class, or while under adult supervision while
at a target range.
- any age over 10 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).
- 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
- 14-15 is the same as 12-13, except Hunter Safety graduates can
hunt and possess firearms without adult supervision.
School students shall be suspended until their expulsion hearing if
they possess a firearm in school or during a school event. State
law requires a minimum one-year expulsion for this offense. Statute
120.13(1)(bm) and 120.13(1)(c)2m. In addition, the student's driver
license may be suspended for two years under Statute 938.34(14q).
This suspension also applies to bomb threats and CCW violations in
government buildings.
School zones
Any individual who knowingly possesses a firearm at a place that
the individual knows, or has reasonable cause to believe, is a
school zone is guilty of a Class I felony. ** 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.
Firearms in vehicles
When openly carrying (the only legal method in Wisconsin) a firearm
must be unloaded, cased, and put out of reach when in a vehicle.
Because of this statute firearms must be frequently and
unnecessarily handed, loaded, and unloaded to comply with the
state's laws.In this section, unloaded = "Having no shell or
cartridge in the chamber of a firearm or in the magazine attached
to a firearm." Encased = "enclosed in a case that is expressly made
for the purpose of containing a firearm and that is completely
zipped, snapped, buckled, tied or otherwise fastened with no part
of the firearm exposed." Statute 167.31
Boats: Firearms must be unloaded and encased when the motor is
running.
Aircraft: Firearms must be unloaded and encased.
Cars, trucks, motorcycles, ATV, snowmobiles: Firearms cannot be
placed in or on a vehicle unless the firearms are unloaded and
encased. However, it is legal to "lean an unloaded firearm against
a vehicle" 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.
See also
Notes and references
- U.S. Concealed Carry Reciprocity Map on
USACarry.com
- Pack-N-Go Carry Concealed Trip Planner on
carryconcealed.net
- Insert footnote text here
- Alabama Concealed Carry Permit Information on
USACarry.com
- Alabama Reciprocal Pistol Permit (Concealed Carry)
Agreements
- Alaska Statutes 29.35.145
- Arizona Revised Statutes Title 13 — Criminal Code
- Arizona Revised Statutes Section 13-3108
- Arizona Concealed Weapons Permit Unit - Obtaining a
Permit
- Arizona Concealed Weapons Permit Unit - FAQ
- "AZ CCW Permit Reciprocity" on azccw.com
- Arizona Revised Statutes Title 13 Section
3111
-
http://home.mytelus.com/telusen/portal/NewsChannel.aspx?CatID=World&ArticleID=news/capfeed/world/w092957A.xml
- Arizona Revised Statutes Title 13 Section
3107
- Arizona Revised Statutes Title 13 Section
3102
- Arizona Revised Statutes Title 13 Section
3119
- Arizona Revised Statutes Title 4 Section 244
- [1]
- Arizona Revised Statutes Title 13 Section 3101
- Arkansas State Police Regulatory Services Section —
Concealed Handgun Licensing
- California Department of Justice — 53701 GC State
Preemption of Firearm Regulations
- "Municipalities Can't Ban People from Owning
Handguns, Court Rules", San Francisco Chronicle, January
10, 2008 "State courts have upheld some local restrictions,
including prohibitions on the sale or possession of guns on public
fairgrounds, Presiding Justice Ignazio Ruvolo noted in the 3-0
ruling. But in general, 'when it comes to regulating firearms,
local governments are well advised to tread lightly,' he
wrote."
- California
Department of Justice, Bureau of Firearms main page
- Bureau of Firearms — Current and Proposed
Regulations
- California Concealed Carry
- California Concealed Carry Permit Information on
USACarry.com
- California Penal Code § 12031
- California Open Carry FAQ
- California Department of Justice — California
Firearms Laws
- Bureau of Firearms — Handgun Safety Certificate
Program
- Bureau of Firearms — Handgun Safety Certificate Program —
Frequently Asked Questions
- California Department of Justice, Bureau of Firearms —
Roster of Handguns Certified for Sale
- "What is an 'Assault Weapon'?",
calgunlaws.com
- "NRA/ILA Firearms Laws for California"
- "Assembly OKs Micro-Stamp on Some Guns", San
Francisco Chronicle, May 30, 2007
- "Gov. Signs Bills Opposed by NRA", Los Angeles
Times, October 14, 2007
- AB 1471 bill text, Official California Legislative
Information
- Egelko, Bob. "Schwarzenegger Signs Ammo-Regulation Bill",
San Francisco Chronicle, October 13,
2009
- CT BFPE Office of Legislative Research
- NRA/ILA Firearms Laws for Connecticut
- Connecticut Concealed Carry CCW Laws and
Information on carryconcealed.net
- "D.C.'s Ban On Handguns In Homes Is Thrown Out", "CNN",
June 26, 2008
- http://www.saf.org/viewpr-new.asp?id=300
- Florida Statutes, Chapter 790: Weapons and
Firearms
- Florida Statutes, Chapter 790.001(17): Weapons and
Firearms
- Flroida Crimes Code Section 790.25 at Law and Legal
Research
- "Walt Disney World Fires Back on Guns at Work",
Orlando Sentinel, July 3, 2008
- "After Protesting Gun Rule, Disney Guard is Fired",
Orlando Sentinel, July 8, 2008
- Florida Department of Agriculture and Consumer
Services - Division of Licensing
- Lindsey v. State, 277 GA 772 (2004), on
GeorgiaPacking.org
- "Perdue Signs Law Allowing Guns in Restaurants",
Atlanta Journal-Constitution, May 14, 2008
- Georgia House Bill 89, Georgia General
Assembly
- Senate Bill 396, Georgia General Assembly
- State Firearms Laws and Published Ordinances for
Hawaii — ATF
- Firearms Laws for Hawaii — NRA/ILA
- Hawaii State Law Summary — LCAV
- Hawaii Revised Statutes §134-9: Licenses to
carry
- "Women Tell Lawmakers They Want the Right to
Protect Themselves with a Concealed Firearm", Hawaii
Reporter, February 17, 2006
- Hawaii Concealed Carry CCW Laws and Information on
carryconcealed.net
- Hawaii Concealed Carry Permit Information on
USACarry.com
- Hawaii Gun Laws — Honolulu Police Department
- Hawaii Gun Laws — Hawaii Rifle Association
- [2]
- Idaho statute 18-3302 — Issuance of Licenses to Carry
Concealed Weapons
- Idaho Attorney General — Concealed Weapons Permit
FAQs
- Idaho Concealed Carry CCW Laws and Information on
carryconcealed.net
- Idaho Concealed Carry Information on
USACarry.com
- Firearms Laws for Idaho at nraila.org
- Idaho State Law Summary at lcav.org
- Illinois General Assembly — 430 ILCS 65 — Firearm
Owners Identification Card Act
- Illinois General Assembly — Public Act
095-0581
- Illinois State Police -- Firearm Owner's Identification
Information
- Municipal Code of Chicago, section 8-20-040,
Registration of firearms
- Municipal Code of Chicago, section 8-20-050,
Unregisterable firearms
- "Chicago Gun Law Spurs Deluge of Applications",
New York Times, April 13, 1982
- Oak Park, Illinois Village Code section 27-2-1
- City of Highland Park City Code
- "Suburbs with Gun Bans Split on Court Ruling",
Chicago Tribune, June 27, 2008
- "NRA Sues Chicago, 3 Suburbs to Repeal their Firearms Bans",
Chicago Tribune, June 27, 2008
- "Wilmette Repeals Town's Handgun Ban After High Court Ruling",
Chicago Tribune, July 25, 2008
- "Morton Grove Repeals 27-Year-Old Gun Ban",
Chicago Tribune, July 28, 2008
- "Evanston Latest Suburb to Repeal Handgun Ban in
Wake of High Court Ruling", Chicago Tribune, August 12,
2008
- "Winnetka Strikes Handgun Ban", Winnetka
Talk, November 19, 2008
- "Daley Promises to Fight to Keep Handgun Ban",
Chicago Tribune, July 25, 2008
- "Mayor Daley vs. the Supreme Court", Chicago
Tribune, June 27, 2008
- "Chicago Continues to Enforce Gun Ban", Chicago
Sun-Times, July 25, 2008
- "Corrections and Clarifications, November 21,
2008", Chicago Tribune
- "Supreme Court Ruling Sets Up Showdown on Gun
Ownership in Chicago", Chicago Tribune, October 1,
2009 "But the Supreme Court Wednesday said it had voted to hear
the appeals from gun owners in Chicago and Oak Park and to decide
whether the Second Amendment restricts local and state laws as well
as national measures."
- Cook County Clerk's Office -- November 14, 2006
Ordinances ordinance 06-O-50
- Illinois State Police -- Municipal Ordinances
Relating to Firearms
- Illinois
Retired Officer Concealed Carry Program
- Illinois General Assembly — 720 Illinois Compiled
Statutes 5/24 -- Deadly Weapons
- Indiana Code Title 35 Article 47: Weapons and
Instruments of Violence
- IC 35-47-2-3 - Application for license to carry
handgun; procedure
- Indiana Code Title 34 Article 12 Chapter 3: Legal
Actions Involving Firearms and Ammunition
- Iowa Department of Public Safety, Administrative Services
Division — Iowa Weapons Laws
- "Iowa Concealed Carry CCW Laws and Information" on
carryconcealed.net
- Iowa Concealed Carry Permit Information on
USACarry.com
- "Iowa CCW
Concealed Carry Hand Gun Legal Info" at iowacarry.org
- "NRA/IRA Firearms Laws for Iowa"
- "Legal Community Against Violence — Iowa State Law
Summary"
- Kansas Attorney General -- Concealed Carry
- "Sebelius Signs Gun Bill into Law", Topeka
Capital-Journal, April 22, 2008
- Senate Bill No. 46, Kansas Legislature
- 503 Kentucky Administrative Regulations 4.050: Required
content and conduct of the applicant training course.
- Louisiana State Police — Concealed Handgun Permit
Unit
- Louisiana Concealed Carry CCW Laws and Information
on concealedcarry.net
- Louisiana Concealed Carry Permit Information on
USACarry.com
- NRA/ILA Firearms Laws for Louisiana
- Bureau of Alcohol, Tobacco, and Firearms — State
Firearms Laws — Maine
- Search the Maine Statutes — "firearm"
- Maine State Police — Weapons Permits &
Professional Licensing
- State of Maine Laws Relating to Permits to Carry Concealed
Firearms
- Maine Concealed Carry CCW Laws and Information on
carryconcealed.net
- Maine Concealed Carry Permit Information on
USACarry.com
- Maine Weekly Legislative Report, June 25,
2007
- Firearms Laws for Maine on nraila.org
- Maine State Law Summary on lcav.org
- MD site
for training for regulated firearm purchase
- Maryland Concealed Carry Permit Information on
USACarry.com
- NRA-ILA Firearms Laws for Maryland
- "Report Faults Md. Ballistics Database",
Washington Post, January 18, 2005
- Michigan Compiled Laws Section 28.422
- Firearms Laws for Mississippi on nraila.org
- Mississippi State Law Summary on lcav.org
- Mississippi Code section 95-3-1: Definitions of
terms "person," "place" and "nuisance".
- Mississippi Department of Public Safety — Highway
Patrol — Firearm Permits Unit
- Mississippi Concealed Carry CCW Laws and
Information on carryconcealed.net
- Mississippi Concealed Carry Permit Information on
USACarry.com
- Bureau of Alcohol, Tobacco, and Firearms — State
Laws and Published Ordinances — Firearms — Mississippi
- Mississippi Code section 11-1-67: Authority to sue
traders in firearms reserved to state.
- Montana Code Annotated, Title 45, Chapter 8, Part
3: Weapons
- Montana Shooting Sports Association — Montana Gun
Laws
- Montana Department of Justice — Concealed
Weapons
- Montana Concealed Carry CCW Laws and Information on
carryconcealed.net
- Montana Concealed Carry Permit Information on
USACarry.com
- Montana Code Annotated — 45-8-351: Restriction on Local
Government Regulation of Firearms
- Firearms Laws for Montana on nraila.org
- Montana State Law Summary on lcav.org
- Deines, Kahrin. "New Gun Law Aimed at Asserting Sovereignty",
Helena Independent Record, April 16,
2009
- Text of House Bill 246, 2009 Montana
Legislature
- Chapter 9.36, Lincoln Municipal Code, City of
Lincoln
- Handgun Certificates, City of Lincoln – Lancaster
County Criminal Justice System
- Las Vegas Metropolitan Police Department — Firearms
Registration
- Nevada Attorney General — Firearms in Nevada
- Nevada Concealed Carry CCW Laws and Information on
carryconcealed.net
- Nevada Concealed Carry Permit Information on
USACarry.com
- New Hampshire State Police – Pistol and Revolver
Licensing
- New Hampshire State Police – Permits and Licensing
FAQs
- New Jersey Administrative Code -- Title 13: Law and
Public Safety -- Chapter 54: Firearms and Weapons
- Graber, Trish G. "Gov. Corzine Signs New Law Limiting N.J. Gun
Purchases", The Star-Ledger, August 6, 2009
- NRA/ILA Firearms Laws for New Mexico
- Legal Community Against Violence New Mexico State Law
Summary
- New Mexico Statutes, Chapter 30, Article 7,
"Weapons and Explosives"
- Constitution of the State of New Mexico
- New Mexico Department of Public Safety —
Information Concerning the Carrying of Concealed Weapons
- New Mexico Department of Public Safety — Concealed
Carry Rules Amended and Approved, November 17, 2005
- Section 30-7-3 NMSA 1978, as amended
- State
information for New Mexico on opencarry.org
- New Mexico Department of Public Safety — Conceal
& Carry Frequently Asked Questions
- "North Carolina Firearms Laws", North Carolina
Department of Justice
- Gaston County Sheriff's Office — Gun Permit
Application Procedures
- Wake County Sheriff's Office — Obtaining Handgun Permits
in Wake County
- Office of the Orange County Sheriff — Orange County Pistol
Permit Application Information
- Durham County Government — Pistol Permit
Instructions and Application Package
- Mecklenburg County Sheriff's Office — Gun
Permits
- North Carolina Rifle & Pistol Association — North
Carolina Gun Ownership FAQs
- NRA/ILA Firearms Laws for North Carolina
- North Carolina Concealed Carry CCW Laws and
Information on CarryConcealed.net
- North Carolina Concealed Carry Permit Information
on USACarry.com
- Firearms Laws for North Dakota on nraila.org
- North Dakota Attorney General — Concealed Weapons
Permits
- North Dakota Concealed Weapons Permits
manual
- North Dakota Concealed Carry CCW Laws and
Information on carryconcealed.net
- North Dakota Concealed Carry Permit Information on
USACarry.com
- Bureau of Alcohol, Tobacco, and Firearms — State
Firearms Laws — North Dakota
- North Dakota State Law Summary on lcav.org
- Ohio Attorney General — Concealed Carry
information
- 2008 Ohio Attorney General CCW Handbook
- Buckeye Firearms Association -- "House Bill 347, Sweeping
Firearms Law Reform Bill, headed to Governor Taft"
- Or. Const. Art. I, § 27.
- ORS 166.291
- See ORS 166.360–180
- See ORS 166.170–176
- See 166.250(3)
- See ORS 166.173
- OpenCarry.org
- Pennsylvania State Police — Frequently Asked
Questions — Carrying Firearms
- Pennsylvania Attorney General — Firearms
Reciprocity Agreements
- Pennsylvania Consolidated Statutes — Uniform
Firearms Act
- South Carolina Concealed Carry CCW Laws and
Information on carryconcealed.net
- South Carolina Concealed Carry Permit Information
on USACarry.com
-
http://www.southcarolinacriminaldefenseblog.com/2008/11/state_v_dickey_and_scs_stand_y.html
- South Dakota Attorney General — South Dakota
Firearm Laws
- South Dakota Secretary of State — Concealed Pistol
Permits
- South Dakota Concealed Carry CCW Laws and
Information on carryconcealed.net
- South Dakota Concealed Carry Permit Information on
USACarry.com
- "Governor Rounds Signs Bills into Law", South
Dakota State News, March 13, 2009
- South Dakota Secretary of State — Firearm
Laws
- Firearms Laws for South Dakota on nraila.org
- NRA/ILA Firearms Laws for Texas
- Texas Concealed Handgun Laws
- Texas Legislature Online — History of Senate Bill
378
- Texas H.B. 1815
- Texas Concealed Carry CCW Laws and Information on
carryconcealed.net
- Texas Concealed Carry Permit Information on
USACarry.com
-
http://www.le.utah.gov/UtahCode/getCodeSection?code=76-10-523
-
http://www.le.utah.gov/UtahCode/getCodeSection?code=76-2-405
- University of Utah v. Shurtleff
- NRA/ILA Firearms Laws for Vermont
- Constitution of the State of Vermont, on the
Vermont Legislature web site
- ARTICLE I - Bill of Rights, Section 13. Militia;
standing armies; military subordinate to civil power.
- § 15.2-915. Control of firearms; applicability to
authorities and local governmental agencies.
- § 15.2-915.2. Regulation of transportation of a
loaded rifle or shotgun.
- § 15.2-915.3. Requiring fingerprinting for
concealed handgun permit.
- § 15.2-1207. Pistols and revolvers; reports of
sales.
- § 15.2-915.4. Counties, cities and towns authorized
to regulate use of pneumatic guns.
- § 18.2-308.8. Importation, sale, possession or
transfer of Striker 12's prohibited; penalty.
- § 18.2-295. Registration of machine guns.
- § 18.2-283. Carrying dangerous weapon to place of
religious worship.
- § 18.2-283.1. Carrying weapon into
courthouse.
- § 18.2-287.01. Carrying weapon in air carrier
airport terminal.
- § 18.2-287.4. Carrying loaded firearms in public
areas prohibited; penalty.
- § 18.2-308.1. Possession of firearm, stun weapon,
or other weapon on school property prohibited.
- § 18.2-308. Personal protection; carrying concealed
weapons; when lawful to carry. Subsection J3
- § 18.2-308. Personal protection; carrying concealed
weapons; when lawful to carry. Subsection O.
- § 18.2-308.1:1. Possession or transportation of
firearms by persons acquitted by reason of insanity; penalty;
permit.
- § 18.2-308.1:2. Purchase, possession or
transportation of firearm by persons adjudicated legally
incompetent or mentally incapacitated; penalty.
- § 18.2-308.1:3. Purchase, possession or
transportation of firearm by persons involuntarily admitted or
ordered to outpatient treatment; penalty.
- § 18.2-308.1:4. Purchase or transportation of
firearm by persons subject to protective orders; penalty.
- § 18.2-308.1:5. Purchase or transportation of
firearm by persons convicted of certain drug offenses
prohibited.
- § 18.2-308.2. Possession or transportation of
firearms, stun weapons, explosives or concealed weapons by
convicted felons; penalties; petition for permit; when
issued.
- § 18.2-308.2:01. Possession or transportation of
certain firearms by certain persons.
- § 18.2-308.7. Possession or transportation of
certain firearms by persons under the age of 18; penalty.
- § 18.2-56.2. Allowing access to firearms by
children; penalty.
- § 18.2-308.2:1. Prohibiting the selling, etc., of
firearms to certain persons.
- § 18.2-308.2:2. Criminal history record information
check required for the transfer of certain firearms.
- § 18.2-308.2:2. Criminal history record information
check required for the transfer of certain firearms. Subsection
C.
- § 18.2-308.2:2. Criminal history record information
check required for the transfer of certain firearms. Subsection
P.
- VA State Police Letter Confirming Legality of Open
Carry
- 18.2-308. Personal protection; carrying concealed
weapons; when lawful to carry. Subsection D.
- § 18.2-308. Personal protection; carrying concealed
weapons; when lawful to carry. Subsection P1.
- 18.2-308. Personal protection; carrying concealed
weapons; when lawful to carry. Subsection K.
- § 18.2-308. Personal protection; carrying concealed
weapons; when lawful to carry. Subsection P.
- Concealed Handgun Reciprocity and
Recognition
- § 18.2-308. Personal protection; carrying concealed
weapons; when lawful to carry. Subsection E.
- Virginia code § 18.2-308.2:2 Criminal history
record information check required for the transfer of certain
firearms
- Virginia code § 18.2-308.1 Possession of firearm,
stun weapon, or other weapon on school property prohibited
- Vaguninfo.com - Gun Free School Zone Act
- Virginia Attorney General Opinion -- Carrying of concealed
weapons: Public colleges and universities
- Virginia State Parks, FAQ
- Attorney General's Opinion on State Park Carry
- Revised Code of Washington, Chapter 9.41, Firearms
and dangerous weapons
- Washington State Department of Licensing --
Requirements: Concealed pistol license
- Washington Superior Court decision No.
05-1-00161-4, posted on Blogspot.com
- Washington State Department of Licensing -- Alien
firearms license
- "SAF Court Action Prompts Resumption of WA Alien
Firearms License Program", Reuters, January 27, 2009
- Washington State Legislature — RCW 9.41.230,
"Aiming or discharging firearms, dangerous weapons"
- Washington State Office of the Attorney General —
Concealed Weapon Reciprocity
- Washington State Legislature — RCW 9.41.060,
"Exceptions to restrictions on carrying firearms"
- West Virginia Concealed Carry CCW Laws and
Information on carryconcealed.net
- West Virginia Concealed Carry Permit Information on
USACarry.com
- "Right-to-Carry 2008", NRA-ILA Fact Sheet
- Wisconsin Concealed Carry Permit Information on
USACarry.com
- http://www.legis.state.wi.us/statutes/Stat0948.pdf
- Wyoming Attorney General — Concealed Firearm
Permits
External links