Gun laws in the United States (by state)

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U.S. Firearms
Legal Topics
Assault weapons ban
ATF (law enforcement)
Brady Handgun Act
Federal Firearms License
Firearm case law
Firearm Owners Protection Act
Gun Control Act of 1968
Gun laws in the U.S. — by state
Gun laws in the U.S. — federal
Gun politics in the U.S.
National Firearms Act
Second Amendment
Straw purchase
Sullivan Act (New York)
Violent Crime Control Act

Many US states have legislated gun (firearm) laws, independent of existing federal firearms laws. Some have also created so-called assault weapon bans that are independent of, though often similar to, the expired federal assault weapons ban. The state level bans vary significantly in their form, content, and level of restriction. All US states except California, Iowa, Maryland, Minnesota, New Jersey and New York have a state constitutional provision similar to the Second Amendment of the Bill of Rights.

Firearm license-holders are subject to the firearm laws of the state in which they are carrying, and not to the laws of the state in which the permit was issued. Reciprocity between states exists for certain licenses such as concealed carry permits. These are recognized on a state-by-state basis. For example, Arizona recognizes a Nevada permit, but Nevada does not recognize an Arizona permit. Some states do not allow out of state CCW permit holders, so it is important to understand the laws of each state when traveling with a handgun.[1]

When planning a trip it is very confusing to match the Concealed Carry Weapon Permit to the state laws. Checking with each state's legal page is important. There are travel tools that may help shorten the search time.[2]

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

Contents

[edit] Alabama

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No Yes Ala §13A-11-73 May not carry concealed without permit.
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."[3] Application fees and other requirements such as training as well as the conduct of background checks vary from sheriff to sheriff. Alabama permits are honored in 19 states.[4]

[edit] Alaska

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? no No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? No Yes 18.65.700 through 18.65.778 and 13-30-10 through 10-30-900 May carry concealed without permit, though permits can be issued for those who wish to have them.
State Preemption of local restrictions? Yes Yes Yes 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 or to not be subject to NICS check when purchasing firearms. The term "Alaska Carry" has been used to describe laws which require no license to carry handgun openly or concealed but licenses are still available for those who want them. Some city ordinances do not permit concealed carry without a concealed carry license.[citation needed]

[edit] Arizona

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 ARS 13-3112 Concealed Carry requires a permit.
State Preemption of local restrictions? Yes Yes None No
NFA weapons restricted? No No None No
Peaceable Journey laws? No No None Federal rules observed.

Arizona gun laws are governed by Title 13, Chapter 31 of the Arizona Revised Statutes[5]. Registration or licensing of firearms is not a requirement in Arizona. In fact, Section 13-3108 subsection B prohibits state legislators from enacting any laws requiring licensing or registration[6]. Laws governing the sale and transfer of firearms in Arizona largely lean on federal gun laws. For example, long gun purchases (rifles and shotguns) and ammunition for long guns require that the buyer be at least 18 years of age. Handgun purchasers must be at least 21 years of age to purchase a hand gun from a federally licensed dealer. However, in the case of a private sale the purchaser need only be 18 or older. Background checks are not required for private sales, although federal and state laws concerning firearm purchaser prohibitions still apply.

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. Once issued, permits are good for 5 years. Renewing a permit requires only an application and finger print card. However, effective December 31st, 2007 the finger print card requirement for renewal is scheduled to be lifted[7].

[edit] 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 None Concealed carry requires a permit. Open carry is not permitted.
State Preemption of local restrictions? Yes Yes None No
NFA weapons restricted? No No None No
Peaceable Journey laws?  ? Yes None A person has a defense to the crime of carrying a weapon when he/she is on a journey, a distance defined as no less than 21 miles.

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.[8] Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license will be 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 units of government 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.

[edit] California

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None Police record purchases from dealers
Firearm registration? No Yes None Legally defined "assault" weapons must be registered
"Assault weapon" law? Yes Yes None
Owner license required? No No None
Carry permits issued? No Yes None Depends on jurisdiction
State Preemption of local restrictions? No No None Local laws can be more restrictive than state laws
NFA weapons restricted? Yes Yes  ?
Peaceable Journey laws? No No None

California[9][10] has some of the strictest firearm laws of the United States.

The only handguns that may be sold or manufactured are those listed in the state Bureau of Firearms approved list. To be listed, a handgun must include certain mechanical features, and must pass a set of tests administered by the Bureau. However, private sales are exempted from this restriction.[11]

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

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

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

In addition, the law states that any weapon that is part of the AR-15 series or AK series is also an assault weapon, regardless of manufacturer; this dates back to 1989 ban, and was confirmed in the Kasler v. Lockyer decision, filed 6/29/2000.[12] However, the California Supreme Court declared the identification of assault weapon by series membership to be too dubious and difficult for the average citizen or even trial court to make without specific and clear model identification guidelines. The court thus set some specific requirements for the "series" identification portion of the law in their ruling of Harrott v. County of Kings, filed 6/28/2001.[13] This decision required banned firearms to be specifically listed by make and model in California Code of Regulations (the "Kasler list"),[14] (it did not address assault weapons defined by features.) Thus, only firearms specifically listed by exact combination of manufacturer and model name, or conforming to explicit exterior characteristics (such as a pistol grip or folding stock in combination with a detachable magazine) can be banned under current legislation.

Once it was realized the California Department of Justice (CA DOJ) has not updated the "Kasler list" in the five years after Harrott decision, many Californians found they could legally purchase and possess AR and AK rifles not yet officially identified as "series" members. As of February 2006, over 10,000 "off-list" receivers (frames) for such rifles have been legally imported to, and purchased within, California. The only requirement for these receivers are that the combination of make and model is not explicitly listed as banned, and as long as the owner does not add certain "characteristic features" turning the firearm into an assault weapon (i.e. pistol grip, flash suppressor, etc). These characteristic features can be used, however, if a nondetachable 10-round (or less) magazine, conforming in the converse to the California Code of Regulations section 5469, formerly section 978.20, definition of detachable magazine,[15] is affixed to such "off-list" rifles. These off-list rifles can also be used without a pistol grip, folding stock or flash hider, in which case it is legal to own and use them with detachable magazines. (California Code of Regulations section 978.20 was changed without regulatory effect renumbering section 978.20 to section 5469 filed 6-28-2006)

The CA DOJ produced a report from the Ferranto Commission in response,[16] intimating that this list will be updated in early 2006; as of December 2006, it had not done so. On February 1, 2006, the CA DOJ also issued a controversial memorandum about this subject; critics say the described actions are not founded or supported within statutory law in Penal Code 12275-12290. This memo stated that once off-list "series" firearms are declared and registered as assault weapons, they will not be able to have characteristic features added or fixed magazines removed. This is being challenged by pro-gun groups, since there is no criminal violation in the California Penal Code for adding or changing features to a legally-acquired, registered assault weapon.

On November 8, 2005, San Francisco voters enacted Proposition H, a total ban on the manufacture, sale, transfer or distribution of firearms or ammunition in San Francisco, as well as a ban on the possession of handguns within the city by San Francisco residents (excepting peace officers, security guards and the like). The ban did not prohibit possession of weapons other than handguns, nor did it prohibit residents of other cities from possessing handguns in San Francisco. While this measure made San Francisco the third major U.S. city, following Washington, D.C. and Chicago, to enact a ban on handguns, San Francisco's ban extended further, not implementing a grandfather clause found in Chicago's and Washington D.C.'s laws that protected existing gun owners. Proposition H stated that handgun owners in San Francisco must turn over their handguns to the police by the end of March 2006, have them confiscated, or move outside the city limits. In June 2006, San Francisco Superior Court Judge James Warren struck down Proposition H, asserting that under California law local officials do not have the authority to ban handgun ownership by law-abiding citizens. On January 9, 2008, a California appellate court upheld Judge Warren's decision.[17] The National Rifle Association (NRA) opposed the ban from its inception.

[edit] Issues with the California laws

 This section does not cite any references or sources. (September 2007)
Please help improve this section by adding citations to reliable sources. Unverifiable material may be challenged and removed.

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

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

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

Based on engineering differences, ease of modification, and their high level of expertise, California Rifle and Pistol Association (CRPA) members see nothing special about assault weapons except their appearance, which is exactly what the gun collectors want, and what the legislature wants to prohibit. The legislature has thus been accused of being paternalistic and somewhat frivolous for creating the Assault Weapons Control Act. Another example of politically based gun laws is the ban of all ammunition with the word "Magnum" in the name by some parts of Los Angeles[18], when in fact the word Magnum is rather meaningless in ammunition nomenclature, with its reputation largely based on movies, not ballistics.

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

Supporters of the ban counter that the banned features of these weapons were designed for military use. Supporters also argue that the features that define an "assault weapon" make it useless for hunting and less effective for target shooting, but more effective in combat. Gun rights advocates counter that this view exhibits an ignorance of what is involved in, e.g., competitive target shooting, and the features which are desirable in a gun intended for that pursuit.

They point out that the military design heritage of the banned "assault weapons" may make for a more rugged and durable gun, parts are cheaper and more plentiful. The weapons are generally easier to take apart and clean (field strip). They assert that some exterior features on some firearms targeted for ban - such as a pistol grip or a folding stock - lend only a cosmetic similarity to military weapons, and that the removal of these features simply restricts law abiding citizens' rights without reducing crime.

[edit] Concealed Carry Laws

California law[19] provides that the Sheriff of a county or a city Police Chief may issue a license to carry a concealed weapon upon proof that the person applying is of good moral character and that good cause exists for the issuance[20]. While it is generally believed to be extremely difficult to obtain a license to carry a concealed weapon (CCW) in California, the difficulty varies greatly by city and county of residence[21]. In some rural counties, qualified applicants are usually successful in obtaining a license, while some cities and counties, such as San Francisco and Los Angeles, are extremely restrictive in what they perceive to be "good cause".

In some of the more restrictive cities and counties, licenses tend to be issued mainly to "Friends of the Sheriff" (or Police Chief), celebrities and campaign donors. Some of these departments are now being challenged in Federal Lawsuits, under the Equal Protection clause of the 14th Amendment[22].

Some argue[23] that the California system for CCW issuance fosters systematic discrimination of applicants, as it has been publicized that numerous celebrities and government officials have been issued CCW licenses in cities and counties where the general public have been consistently denied.

[edit] Open Carry Laws

Personal possession (i.e. carry) of a loaded firearm is prohibited in incorporated areas (such as inside city limits) or prohibited areas of unincorporated territory without a license to carry or other exemption provided for by law.[24] A license to carry "loaded and exposed" may be issued by a Police Chief or County Sheriff in a county with population of less than 200,000 persons at the last census.[25] No license or permit is required to openly carry a loaded firearm in unincorporated areas where discharge is not prohibited by local ordinance.

In spite of these restrictions, there is no section of the California penal code that specifically prohibits open carry of an unloaded handgun (though possession may be restricted or prohibited in certain areas such as a State Park (CCR Title 14, Div.3, chap. 1, s 4313 (a), in a school zone (PC626.9) or federal properties like a Post Office or National Park (36 C.F.R. 2.4(a)).

Carrying a loaded magazine separate from the handgun is also not prohibited under the penal code (Subdivision (g) of California Penal Code 12031 defines what constitutes a loaded weapon).

In the case of People v. Clark (1996) a shotgun shell attached to the shotgun, although not chambered or placed in a position where it was able to be fired, was declared to be legal under California law and the charge of having a loaded firearm against Clark was dismissed.

[edit] Colorado

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No None No
Firearm registration? No No None No
"Assault weapon" law? No No None No
Owner license required? No No None No
Carry permits issued? Yes Yes CRS 18-12 No
State Preemption of local restrictions? Yes* Yes* None Open carry and unlicensed car carry 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

[edit] Connecticut

Like Alabama, Connecticut is a "may issue" state that is close to "shall issue" in practice. Unlike a true "shall issue" state, Connecticut authorities may deny a permit even in the absence of a prior criminal history, but unlike most "may issue" states, issuing authorities by law must not be "arbitrary or capricious" when evaluating the suitability of the applicant. The applicant need not demonstrate a compelling need. Unless questions arise involving the mental capacity of an otherwise qualified applicant, the permit is issued.[26]

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.

Connecticut also has a provision in the statute that if a Concealed Carry Permit holder loses a firearm and does not report it, they may lose the permit.[27]

[edit] Delaware

Subject/Law Long guns Handguns Notes
State Permit to Purchase? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes Permit needed to carry concealed
References: NRA/ILA Firearms Laws for Delaware [28]

[edit] 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, in the case of Parker v. District of Columbia, which has been re-named District of Columbia v. Heller. In that case, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled on March 9, 2007 that the handgun prohibition violated the Second Amendment of the U.S. Constitution.[29] The ruling also overturned a section of the same law requiring all registered firearms to be kept disassembled or locked with trigger locks. On May 8, 2007, the full appeals court refused to reconsider that decision. On July 16, 2007, D.C. mayor Adrian M. Fenty announced that the District would appeal the ruling to the U.S. Supreme Court.[30] DC has appealed the ruling to the Supreme Court of the United States and on November 20, 2007 the Supreme Court agreed to hear the case. The handgun ban is still in effect while the case is appealed.

[edit] Florida

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

Florida is a "shall issue" state, and issues concealed carry permits to both residents and non-residents. Florida recognizes permits from any other state which recognizes Florida's permit, provided the non-resident individual is a resident of the other state and is at least 21 years old.[31]

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.[32] (Note: this legal condition is not the same as "encased securely.") Vehicle carry without a permit is permitted when concealed even if it is not "securely encased" if the firearm is not "readily accessible". Vehicle carry on one's person inside a vehicle without a permit is not allowed.

Open carry when on foot is not permitted in any public area, except for lawful self-defense or hunting. (When hunting on private land, or on properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry, open carry is permitted.) State preemption laws prohibit localities from regulating firearms, other than with regards to zoning laws (i.e., for restricting where gun sellers may locate their businesses.)

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

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

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

1) It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.

2) In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”

3) In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.

4) If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.

The Brady Campaign have referred to this as a "shoot first" law.[33]

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 the most widely-recognized, state-issued concealed weapon permit. The resident Florida Concealed Weapon License is recognized in thirty different states, while the non-resident Florida Concealed Weapon License is recognized in twenty-seven states.[34]

[edit] 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 a 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*
  • state parks, historic site, or recreation area (note this does not include non-state parks, and the state preemption law does not allow local municipalities to enact a ban in these areas) *
  • wildlife management areas, except by a licensed hunter in an appropriate open season (not during a primitive weapon season)
  • public transportation*
  • any school building or grounds (except for authorized teachers and staff)
* Amended by HB 89.

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 State Senate Bill 396

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

On May 14, 2008, Governor Sonny Perdue signed House Bill 89 The bill removes public transportation, state parks, and restaurants that serve alcohol (excluding bars) from the list of specially-defined prohibited areas.

[edit] Hawaii

 This article may require cleanup to meet Wikipedia's quality standards.
Please improve this article if you can. (March 2008)

Firearm Laws in Hawaii Firearm laws are found in the Hawaii Revised Statutes, Section 134, FIREARMS, AMMUNITION AND DANGEROUS WEAPONS.

Links to each law can be found at http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/.

Highlights and information you need to know about acquiring, registering, possessing, owning, and carrying firearms in the City and County of Honolulu are on the following pages.

HRS REFERENCE

HRS 134-2 Permit to acquire

HRS 134-3 Registration, mandatory, exceptions

HRS 134-4 Transfer, possession of firearms

HRS 134-5 Possession by licensed hunters and minors; target; game shooting

HRS 134-6 Carrying or use of firearm in the commission of a separate felony; place to keep firearms; loaded firearms; penalty.

HRS 134-7 Ownership or possession prohibited, when, penalty;

HRS 134-7.5 Seizure of firearms in domestic abuse situations

HRS 134-9 Licenses to carry (Hawaii is a "may issue" state, and applications are made to the chief law enforcement agency of the islands (the Honolulu Police Department).

[edit] Idaho

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[edit] Illinois

Subject/Law Long Guns Handguns Relevant Statutes Notes
State permit to purchase? Yes Yes 430 ILCS 65 FOID required.
Firearm registration? No No
"Assault weapon" law? No No
Owner license required? Yes Yes 430 ILCS 65 FOID required.
Carry permits issued? No No
State preemption of local restrictions? No No
NFA weapons restricted? Yes Yes 720 ILCS 5/24 Automatic weapons and short-barreled rifles and shotguns prohibited.
Peaceable journey laws? No No

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

To possess or purchase firearms or ammunition, Illinois residents must have a Firearm Owner's Identification (FOID) card, which is issued by the state police.[35] 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.[36] There are additional requirements for applicants under the age of 21.[37]

There is no state preemption of firearm laws, with the result that some localities have outlawed the possession of handguns. These include the Chicago suburbs of Winnetka,[38] Wilmette,[39] Morton Grove,[40] Evanston,[41] and Oak Park.[42] Highland Park also prohibits handguns, unless the resident has obtained a permit from the police.[43] Some municipalities, most notably Chicago, require that all firearms be registered with the local police department.[44] 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.[45][46] Additionally, Cook County has banned assault weapons and magazines that can hold more than ten rounds of ammunition.[47] Other municipalities have also enacted various firearm restrictions.[48] 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. Open carry is also illegal, except when hunting, or when in unincorporated areas where carrying is not prohibited by county law. When a firearm is being transported, it must be unloaded and enclosed in a case.[49]

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.[49]

[edit] Indiana

Indiana[50] has enacted state preemption of firearm laws. However, local laws passed before 1994 or for certain narrowly defined emergency situations are valid.

Indiana is a "shall issue" state for the License to carry a handgun.[51] 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". Application for a license must be made to the local police department, or absent that to the county police department. It is illegal to carry a concealed weapon on school property or on a school bus, on an airplane or in the controlled section of an airport, on a riverboat gambling cruise, or at the Indiana State Fair. Indiana honors CCW licenses issued by 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 are prohibited.

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.[52]

[edit] Iowa

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[edit] Kansas

Despite a relative lack of firearms legislation, Kansas remained one of the few states with no provision for the concealed carry of firearms until March of 2006, when the state legislature passed Senate Bill 418, "The Personal and Family Protection Act." This bill made Kansas the 47th state to permit concealed carry (in some form) and the 36th state with a "shall issue" policy.[53] The bill was passed 30-10 in the state senate and 91-33 in the state house of representatives, gaining enough votes to override veto from Governor Kathleen Sebelius (D), who had previously vetoed several other attempts at concealed carry in the past. Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.

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

Kansas Governor Kathleen Sebelius signed a bill into law on 21 April, 2008 that will allow NFA weapons in the state of Kansas. [1] The new law will take effect on July 1, 2008.

[edit] Kentucky

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.

[edit] Louisiana

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[edit] Maine

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[edit] Maryland

In addition to a Maryland driver's license, Maryland requires all gun purchasers to watch a safety video before purchasing a firearm. Once complete, the purchaser is issued a certification card. Every time you purchase a firearm in Maryland thereafter, you must present this card to prove you have watched the safety video and understand.

Maryland State Police also maintains a database of all "regulated firearms" purchased in the state. A regulated firearm in Maryland includes all handguns and 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 7-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.[54]

[edit] Massachusetts

Massachusetts Law requires firearm owners to be licensed through the Massachusetts Criminal History Board. A license is required by state law for buying firearms and ammo. An applicant must have passed a State approved firearm safety course before applying for a license through their local Police department.

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

There are four different types of Firearm licenses issued in the state. The most restrictive license, the Firearm Identification License (FID), only 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 10rds or less or long arms with any capacity magazine. The Class A LTC allows the ownership of any capacity handgun, or longarm.

Furthermore, only a special unrestricted Class A LTC allows a civilian to carry a concealed firearm. A chief law enforcement official may restrict the Class A LTC to target shooting and hunting only, which then forbids CCW.

The final license is only issued for "Machine guns." Conceal carry is restricted from all Federal and state buildings including schools, state parks and forests but there are no other restrictions on where one can carry in the state.

An interesting note is that there are no state laws governing the practice of Open Carry, but one must do so at one's own risk, and it is highly advisable not to carry in any urban or residential areas. A Licence is required to carry openly, this is the same licence required to carry concealed. However, without a uniform (security guard) you would probably be charged with disturbing the peace.

All private sales are required to be registered through an FA-10 form with the Criminal History Board, Firearm Records division. Magazines above ten round capacity are restricted to LEOs only, except for ones owned before the 1994 ban. The state has an assault weapons ban similar to the expired Federal ban. Massachusetts is a "may issue" state in all classes of LTCs, are issued in a highly discretionary manner.

FIDs are "Shall issue", except if the applicant fails a background check. Massachusetts law does not recognize the Firearm Owners Protection Act. There are a few exceptions that are made under State law which require all firearms to be stored safely (unloaded) in a locked container separate from the ammo, preferably in the trunk of the vehicle. Any firearms that are found to be unsecured may be confiscated by law enforcement officers.

[edit] Michigan

The State of Michigan claims complete preemption of laws in regards to 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[2] 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"[3]

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.[4]

Purchasing Firearms in Michigan

In Michigan, rifles and shotguns may be purchased by anyone 18 or over who is not subject to restrictions that are usually based on criminal or mental health history, no licensing or permit to purchase is required for long guns. A License to Purchase is required to purchase a handgun, anyone purchasing a handgun must be 21 years of age or more to purchase from a federally licensed firearms dealer; however, in the case of a private sale the purchaser need only be 18 or older[55].

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 License to Purchase a Pistol prior to obtaining a pistol. A license to purchase is not needed for an individual with a CCW license. However, a NICS check must be completed by the FFL (Federal Firearms Licensee) prior to 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.[5]

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 weapon permit (CCW) 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 CCW permit holder is carrying a pistol in a "pistol free" area. [6]

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.[7]

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."[8]

Open carry is legal in Michigan, although as with anywhere else in the West it is considered socially unacceptable without good reason (security/police officers, hunting, etc.), and choosing to do so in populated areas will likely result in being charged with disturbing the peace or even brandishing.

Michigan used to not allow ownership of NFA firearms, though Attorney General Mike Cox has written an Attorney General's Opinion [9] that allows for fully automatic 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 CCW status.

[edit] Minnesota

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

[edit] Mississippi

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[edit] Missouri

Peaceable Journey and RV Law

Missouri has a 'peaceable journey' under Missouri Statutes 571.030 which law says it's not illegal to carry the weapon in a passenger compartment of a vehicle as long as (1) concealable firearm is otherwise lawfully possessed, (2) person is 21 or older, or (3) 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.

Same applies (it's not a crime) when 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 local 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 possession of a concealable firearm 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 that reflects that you have a concealed carry permit (and they cannot be held responsible for what you do.)

Missouri Statute 585.021 (11/13/2007) says any person with proper identity/background checks, and is in possession of a legal concealed carry permit may carry an assault pistol (automatic pistol), as long as it is a 9mm weapon or smaller.

[edit] Montana

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[edit] Nebraska

In Nebraska, in order 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.

[edit] Nevada

Nevada law does not require registration of rifles, however, handgun owners resident in Clark County must register their weapons with Clark county - Las Vegas Police Department (excluding Boulder City). Concealed carry is not permitted without a CCW permit issued by the counties. A person must take a class to receive the CCW concealed carry permit and must qualify by demonstrating use of the exact model handgun that the person will carry.

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, Florida, Kansas, Louisiana, Michigan, Missouri, Nebraska, Nevada, Tennessee, Utah

Nevada is a traditional open carry state with seemingly complete state preemption of firearms laws. However, several localities have passed and are enforcing "Deadly Weapons" laws which appear to 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 should become 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"; however, one must continue to qualify with each make/model/caliber of semi auto pistols.

The CCW permit cost $105.25, and is valid for 5 years for residents and 3 years for non-residents.

[edit] New Hampshire

New Hampshire does not require a license for Open Carry, but carry in a motor vehicle or otherwise concealed does require a license. Note that the NH license is issued for concealed 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 $20 for non-residents. Turn around time is generally 1 - 2 weeks, with 14 days being the maximum time allowed by law.

[edit] New Jersey

In New Jersey, firearm owners are required to get a lifetime Firearm Purchaser card for the purchase of rifles, shotguns or handguns. To purchase a handgun, a separate permit is needed from the local police department for each handgun to be purchased and expires after 90 days. NJ law says that the handgun purchase permit must be issued within 30 days, but it is not uncommon for it to take several months to be issued. Capacities of semiautomatic handguns and rifles (total in magazine excluding chamber) are limited to 15 rounds or less. New Jersey also bans the use of hollowpoint ammunition in most circumstances. New Jersey has its own ban on various semi-automatic firearms as well.[56] Police are bound by the 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.

[edit] New Mexico

New Mexico laws governing the possession and use of firearms[57][58] include those in New Mexico Statutes Chapter 30, Article 7, "Weapons and Explosives".[59]

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."[60]

New Mexico is a "shall issue" state for the concealed carry of handguns.[61] 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.[62]

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.[62]

Even with a concealed carry permit, it is not legal to carry a firearm into a federal building, state building, school, or licensed liquor establishment.

New Mexico law allows open carry, that is, it is legal to carry a loaded weapon that is not concealed. It is also legal to have a loaded, concealed weapon in a vehicle.[63]

[edit] New York

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

New York's laws are not uniform throughout the state. Any city with a population of over 100,000 people is allowed to pass additional laws. Some of the cities with stricter laws include, Albany, Buffalo, Rochester and New York City which is known for having some of the strictest gun laws in the country. All firearm owners there must have a permit and rifles and shotguns owned by a permit holder must be registered with the Police Department. Handgun owners must apply for a separate license that cost $340 every 3 years to renew and all handguns must be listed on the license. Handgun licenses issued in New York City are not valid in the rest of the state and all licenses issued outside of New York City are valid throughout New York State except New York City. Rifles and shotguns are not licensed in the rest of the state.

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.

Every year the New York State Assembly passes many "gun control" bills including ones that would change the definition of 'assault weapons,' storage and trigger lock laws and require ballistic fingerprinting of all firearms. New York's ballistic fingerprinting program called CoBIS is required for all new handguns sold in New York State. The CoBIS program started on 3/2/2001 and after 6 years almost 150,000 handguns have been registered in the program but with only 2 "hits" and neither one led to any arrest or conviction. The program has cost between $13 and $28 million dollars and used more than 450,000 New York State police man hours.

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 "assault weapons" must have the weapons unloaded and locked in a hard case where they are not readily accessible and can never be in possession of a high capacity feeding device made post ban.

[edit] 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 (Concealed Carry Weapon) permit.[64] 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, be at least 21 years of age, 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).[65][66][67][68][69] This requirement is a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from obtaining handguns.[70]

Durham County requires the registration of handguns. In accordance to North Carolina Law, no other county or local government may require handgun registration.[70]

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. [71]

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.[72]

[edit] North Dakota

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[edit] 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.[73]

The licenses are issued by county sheriffs.

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

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

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

The new CCW rules fall under ALL of these requirements

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

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

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

  • In a closed case, bag or box;
  • In a locked glove compartment;
  • 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.[73]

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. [74]

[edit] 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).

[edit] Oregon

Oregon is a shall-issue concealed pistol license state, and is notable for having very few restrictions on where a concealed firearm may be carried. Oregon has statewide preemption for its firearm laws.

There is an ongoing battle between some localities and the state, with localities, particularly in Multnomah county, trying to supersede state preemption and restrict concealed weapon carry in certain places not restricted by the state.[75]

[edit] Pennsylvania

In a "city of the first class" (Philadelphia is the only such city in Pennsylvania), a license to carry a firearm (LTCF) is also needed to openly carry a firearm (unconcealed). No license is required to openly carry a firearm throughout the rest of the state. Nonetheless, all Pennsylvania LTCF permits are valid in Philadelphia.[76][77][78]

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 ---

[edit] Rhode Island

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[edit] 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. This state does not honor CCW Permits from Non-Resident CCW Permit holders. This means that you must live in the same state that your CCW permit is issued.

South Carolina CCW Laws

[edit] South Dakota

 Please help improve this section by expanding it.
Further information might be found on the talk page or at requests for expansion.


[edit] 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 --- Concealed or open carry allowed with permit.
State Preemption of local restrictions? Yes Yes --- ---
NFA weapons restricted? No No None
Peaceable Journey laws? No No None Federal rules observed.

[edit] Texas

Texas has no laws regarding possession of handguns, shotguns, or rifles by persons 18 years or older without felony convictions; a rifle, shotgun, or other long-barreled firearm may be carried openly, however a permit to carry is required for handguns (issued only to those 21 and older), and they must be concealed. Also, municipalities may not create their own gun control laws (preemption). [79]

On March 27, 2007, Gov. Rick Perry signed Senate Bill 378 into law, making Texas a "Castle Doctrine" state which came into effect September 1, 2007.[80]

[edit] Concealed Carry

Concealed carry is allowed in Texas, provided the individual has a Texas-issued CCW permit or is permitted in a state with which Texas has a reciprocity agreement. [81]

The concealed handgun law sets out the eligibility criteria that must be met. For example, you must be qualified to purchase a handgun under the state and federal laws. Additionally, a number of factors may make you ineligible to obtain a license, including: felony convictions and some misdemeanor, including charges that resulted in probation or deferred adjudication, pending criminal charges, chemical or alcohol dependency, certain types of psychological diagnoses, protective or restraining orders, or defaults on taxes, governmental fees, student loans or child support.[82]

Texas also signed HB1815 a new bill that allows any Texas resident to carry a concealed handgun without a permit in the resident's car. Now, it simply isn’t an offense to carry a gun in a vehicle, but with these three critical qualifiers: (1) the gun must be concealed; (2) the carrier cannot be involved in criminal activities; (3) the carrier cannot be a member of a criminal gang. The fourth rule isn’t mentioned in the bill, but stands from laws on the books for a long time, and that is that no felon can carry or even be around a gun.

[edit] Utah

Utah requires a permit to carry a concealed or loaded firearm. It is one of the states that allows for "Non-Resident" CCW Permits to be issued. This "Non-Resident" CCW Permit is valid in many states across the US. However there are several states that have just passed statutes that do not honor a "Non-Resident" CCW Permit. Utah Law Page Utah's Concealed carry permit is held as the best permit in the nation. This distinction is due to its wide range of reciprocity and recognition by other states. (34 at last count)

[edit] Vermont

Vermont is notable in that it has no gun control laws aside from prohibiting counties and other localities from making their own gun control laws (preemption). The only firearm laws that apply in Vermont are federal ones.[83]

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 1777, based partly on the US Constitution and Bill of Rights, guarantees certain freedoms and rights to the citizens: "XV. That the people have a right to bear arms for the defence of themselves and the State; and, as standing armies, in the 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."[84]

[edit] Virginia

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

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

  • One gun a month rules [85]
  • Rules regarding open carry firearm restrictions (see above) [86] [87]
  • General College Carry Restrictions [88]
  • Gun Free School Zone act, CHP holders are allowed to have guns on school grounds in their personal vehicles as long as they stay in the car and the gun remains concealed [89] [90]
  • Ban regarding firearms in VA General Assembly.

Virginia CHPs are shall issue.[91]

Open Carry is done throughout the state mainly by Concealed Handgun Permit Holders. CHP holders are not allowed to conceal handguns inside any restaurant licensed for on-site consumption of alcohol, although any citizen may open carry inside one. In more rural parts of Virginia, open carry is more common as CHPs cost money that some rural residents may not be able to afford.

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

Under Virginia code, localities may no longer regulate firearms with sole exception of regulation of discharge of firearms.[92]

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

[edit] Washington

Washington is one of the original "shall issue" states, in which a concealed pistol permit must be issued to any applicant, age 21 or older, who meets certain requirements, including no felony convictions, no misdemeanor domestic violence convictions, and no outstanding warrants.[93][94] Furthermore, a concealed pistol license is not required to carry a concealed pistol if the person carrying the firearm is in route to, in route from, or actively participating in a "legitimate outdoor activity".[95] 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.[96]

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 Lonnie Wilson 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 between himself and Wilson that due to 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.

Due to the fact that Washington State Constitution has 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 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, 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 to no longer enforce the ordinances and rules.

Washington allows ownership of a firearm silencer, but using one is prohibited by RCW 9.41.250(3) which makes it a gross misdemeanor to "Use[s] any contrivance or device for suppressing the noise of any firearm."

Washington is a "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-citizen to possess a firearm in Washington without an Alien Firearm License. Washington is not currently issuing Alien Firearm Licenses. [97]

It is a gross misdemeanor to aim a firearm "whether loaded or not, at or towards any human being". [98]

Washington State accepts the concealed weapons permits from the following states: Louisiana, Michigan, Mississippi, North Carolina, Ohio, Oklahoma, and Utah.[99]

[edit] 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, except in one's home or place of work.
State preemption of local restrictions? Yes Yes § 7-1-3 Some local restrictions are grandfathered.[100]
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[100] and Dunbar. The SB 716 is a proposed senate bill which would amend the law to remove those restrictions. See West Virginia Law Page

West Virginia enacted the castle doctrine on April 10, 2008.[101]

[edit] Wisconsin

Wisconsin is one of two states that completely prohibit concealed carry by private citizens.[102] Open carry is legal except where prohibited by law (government buildings, schools, and places that sell liquor), but, in the words of one Wisconsin resident, "you will attract the attention of every police officer in the area."[103] Some jurisdictions have tried to prosecute open-carry by equating the open carry of handguns with disorderly conduct. Inside vehicles, the firearm must be both unloaded and encased; having a loaded firearm on the front seat was held to be concealed and therefore illegal in a 1994 case. Bills to enact shall-issue were twice vetoed by Governor Jim Doyle in January 2004 and again in January 2005 after passing in both houses of the Wisconsin legislature. In 2005, the Assembly fell two votes short of overriding Doyle's veto.

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

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

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

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

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

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

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

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

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

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

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

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

Silencers are legal if you follow BATFE process, statute 941.298

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

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

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

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

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

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

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

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

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

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

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

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

Aircraft: Firearms must be unloaded and encased.

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

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

[edit] Wyoming

 Please help improve this section by expanding it.
Further information might be found on the talk page or at requests for expansion.


[edit] See also

[edit] Notes and references

  1. ^ U.S. CCW Reciprocity Map on CarryConcealed.net
  2. ^ Pack-N-Go Carry Concealed Trip Planner
  3. ^ Packing.org Concealed carry laws and summaries: Alabama
  4. ^ Alabama Reciprocal Pistol Permit (Concealed Carry) Agreements
  5. ^ Arizona Revised Statutes Title 13 — Criminal Code
  6. ^ Arizona Revised Statutes Section 13-3108
  7. ^ Arizona Concealed Weapons Permit Unit - FAQ
  8. ^ Arkansas State Police Regulatory Services Section — Concealed Handgun Licensing
  9. ^ California Department of Justice, Bureau of Firearms main page
  10. ^ California Department of Justice — California Firearms Laws
  11. ^ California Department of Justice, Bureau of Firearms — Roster of Handguns Certified for Sale
  12. ^ Kasler v. Lockyer, Cal.4th (2000)
  13. ^ Harrott v. County of Kings, California Supreme Court (2001)
  14. ^ California Code of Regulations, Title 11, Division 1, Chapter 12.9: Assault Weapons Identification
  15. ^ California Department of Justice Regulations for Assault Weapons and Large Capacity Magazines
  16. ^ California Department of Justice Memorandum on Commission Changes, December 20, 2005
  17. ^ Egelko, Bob. "Municipalities Can't Ban People from Owning Handguns, Court Rules", San Francisco Chronicle, January 10, 2008
  18. ^ "Bite The Bullet" Guns Magazine, July 2001
  19. ^ California Penal Code Section 12050
  20. ^ CaliforniaConcealedCarry.com -- Concealed Weapon Permits (CCW) in California
  21. ^ CaliforniaConcealedCarry.com -- Counties and Cities
  22. ^ CaliforniaConcealedCarry.com -- Current Legal Cases
  23. ^ California CCW Discussions on CCW Issuance Policies
  24. ^ California Penal Code § 12031 — Unlawful Carrying and Possession of Weapons
  25. ^ California Penal Code § 12050 — Licenses to Carry Pistols and Revolvers
  26. ^ Packing.org Concealed carry laws and summaries: Connecticut
  27. ^ Carryconcealed.net Connecticut Law Page
  28. ^ "NRA/ILA Firearms Laws for Delaware" National Rifle Association
  29. ^ "D.C.'s Ban On Handguns In Homes Is Thrown Out", Washington Post, March 10, 2007
  30. ^ Nakamura, David. "D.C. Wants High Court To Hear Gun Case", Washington Post, July 17, 2007
  31. ^ Florida Statutes, Chapter 790: Weapons and Firearms
  32. ^ Florida Statutes, Chapter 790.001(17): Weapons and Firearms
  33. ^ ShootFirstLaw.org, a project of the Brady Campaign to Prevent Gun Violence
  34. ^ Florida Department of Agriculture and Consumer Services - Division of Licensing
  35. ^ Illinois General Assembly — 430 ILCS 65 — Firearm Owners Identification Card Act
  36. ^ Illinois General Assembly — Public Act 095-0581
  37. ^ Illinois State Police -- Firearm Owner's Identification Information
  38. ^ Village of Winnetka -- Alphabetic Guide to Village Services
  39. ^ Wilmette, IL Code of Ordinances
  40. ^ Morton Grove, Illinois Village Code section 6-2-3
  41. ^ Evanston, Illinois City Code section 9-8-2
  42. ^ Oak Park, Illinois Village Code section 27-2-1
  43. ^ City of Highland Park City Code
  44. ^ Municipal Code of Chicago, section 8-20-040, Registration of firearms
  45. ^ Municipal Code of Chicago, section 8-20-050, Unregisterable firearms
  46. ^ "Chicago Gun Law Spurs Deluge of Applications", New York Times, April 13, 1982
  47. ^ Cook County Clerk's Office -- November 14, 2006 Ordinances ordinance 06-O-50
  48. ^ Illinois State Police -- Municipal Ordinances Relating to Firearms
  49. ^ a b Illinois General Assembly — 720 Illinois Compiled Statutes 5/24 -- Deadly Weapons
  50. ^ Indiana Code Title 35 Article 47: Weapons and Instruments of Violence
  51. ^ IC 35-47-2-3 - Application for license to carry handgun; procedure
  52. ^ Indiana Code Title 34 Article 12 Chapter 3: Legal Actions Involving Firearms and Ammunition
  53. ^ Kansas Attorney General -- Concealed Carry
  54. ^ Packing.org Concealed carry laws and summaries: Maryland
  55. ^ Michigan Compiled Laws Section 28.422
  56. ^ New Jersey Administrative Code -- Title 13: Law and Public Safety -- Chapter 54: Firearms and Weapons
  57. ^ NRA/ILA Firearms Laws for New Mexico
  58. ^ Legal Community Against Violence New Mexico State Law Summary
  59. ^ New Mexico Statutes, Chapter 30, Article 7, "Weapons and Explosives"
  60. ^ Constitution of the State of New Mexico
  61. ^ New Mexico Department of Public Safety — Information Concerning the Carrying of Concealed Weapons
  62. ^ a b New Mexico Department of Public Safety — Concealed Carry Rules Amended and Approved, November 17, 2005
  63. ^ New Mexico Department of Public Safety — Conceal & Carry Frequently Asked Questions
  64. ^ "North Carolina Firearms Laws", North Carolina Department of Justice
  65. ^ Gaston County Sheriff's Office — Gun Permit Application Procedures
  66. ^ Wake County Sheriff's Office — Obtaining Handgun Permits in Wake County
  67. ^ Office of the Orange County Sherrif — Orange County Pistol Permit Application Information
  68. ^ Durham County Government — Pistol Permit Instructions and Application Package
  69. ^ Mecklenburg County Sheriff's Office — Gun Permits
  70. ^ a b North Carolina Rifle & Pistol Association — North Carolina Gun Ownership FAQs
  71. ^ NRA/ILA Firearms Laws for North Carolina
  72. ^ North Carolina Concealed Carry CCW Laws and Information on CarryConcealed.net
  73. ^ a b Ohio Attorney General — Concealed Carry information
  74. ^ Buckeye Firearms Association -- "House Bill 347, Sweeping Firearms Law Reform Bill, headed to Governor Taft"
  75. ^ Oregon Firearms Federation
  76. ^ Pennsylvania State Police — Frequently Asked Questions — Carrying Firearms
  77. ^ Pennsylvania Attorney General — Firearms Reciprocity Agreements
  78. ^ Pennsylvania Consolidated Statutes — Uniform Firearms Act
  79. ^ NRA/ILA Firearms Laws for Texas
  80. ^ Texas Legislature Online — History of Senate Bill 378
  81. ^ Texas Dept of Public Safety — State reciprocity information
  82. ^ Texas Concealed Handgun Laws
  83. ^ NRA/ILA Firearms Laws for Vermont
  84. ^ Constitution of Vermont, on the Avalon Project at Yale Law School
  85. ^ Virginia code § 18.2-308.2:2 Criminal history record information check required for the transfer of certain firearms
  86. ^ Vaguninfo.com Virginia Open Carry Page
  87. ^ Virginia code § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies
  88. ^ Virginia Attorney General Opinion -- Carrying of concealed weapons: Public colleges and universities
  89. ^ Virginia code § 18.2-308.1 Possession of firearm, stun weapon, or other weapon on school property prohibited
  90. ^ Vaguninfo.com - Gun Free School Zone Act
  91. ^ Packing.org Concealed carry laws and summaries: Virginia
  92. ^ Virginia Statute 15.2-915 -- State preemption
  93. ^ Revised Code of Washington, Chapter 9.41, Firearms and dangerous weapons
  94. ^ Washington State Department of Licensing -- Requirements: Concealed pistol license
  95. ^ Packing.org Concealed carry laws and summaries: Washington
  96. ^ Washington Superior Court decision No. 05-1-00161-4, posted on Blogspot.com
  97. ^ Washington State Department of Licensing -- Alien firearms license
  98. ^ Washington State Legislature — RCW 9.41.230, "Aiming or discharging firearms, dangerous weapons"
  99. ^ Washington State Office of the Attorney General — Concealed Weapon Reciprocity
  100. ^ a b Charleston City Code, Sec. 78-163. Carrying without license or other authorization
  101. ^ Porterfield, Mannix (2008-04-10). Manchin signs 'Castle Doctrine' bill (English). The Register-Herald. Retrieved on 2008-04-27.
  102. ^ "Right-to-Carry 2008", NRA-ILA Fact Sheet
  103. ^ Packing.org Concealed carry laws and summaries: Wisconsin

[edit] External links