Gun laws in the United States (by state)
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.For instance, some US states have created assault weapon bans that are similar to the expired federal assault weapons ban. State level laws vary significantly in their form, content, and level of restriction. Forty-four states have a provision in their state constitutions similar to the Second Amendment to the U.S. Constitution. The exceptions are California, Iowa, Maryland, Minnesota, New Jersey, and New York. In New York, however, the statutory civil rights laws contain a provision virtually identical to the Second Amendment.[1][2] As well, the Supreme Court of the United States has held that the protections of the Second Amendment apply against state governments and their political subdivisions (see: McDonald v. Chicago).[3]
Firearm owners are subject to the firearm laws of the state they are in, and not exclusively their state of residence. Reciprocity between states exists in certain situations, such as with regard to concealed carry permits. These are recognized on a state-by-state basis. For example, Idaho recognizes an Oregon permit, but Oregon does not recognize an Idaho permit. Florida issues a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out-of-state permits to carry a firearm at all, so it is important to understand the laws of each state when traveling with a handgun.[4]
In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law.[5][6]
Alabama
Alaska
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
None |
No |
Firearm registration? |
No |
No |
None |
No |
"Assault weapon" law? |
No |
No |
None |
No |
Owner license required? |
No |
No |
None |
No |
Carry permits issued? |
No |
Yes |
AS 18.65.700 through 18.65.778 |
May carry concealed without permit, though permits can be issued for those who wish to have them. |
State Preemption of local restrictions? |
Yes |
Yes |
AS 29.35.145 |
Municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, State law. |
NFA weapons restricted? |
No |
No |
None |
No |
Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
Arizona
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
None |
No |
Firearm registration? |
Partial |
Partial |
ARS 13-3101 |
State law duplicates some of the registration requirements of the National Firearms Act. |
"Assault weapon" law? |
No |
No |
None |
No |
Owner license required? |
No |
No |
None |
No |
Carry permits issued? |
Yes * |
Yes* |
ARS 13-3112 |
*Concealed carry over the age of 21 in most places no longer requires a permit as of July 29, 2010. Although not required, a concealed carry permit may still be obtained and has certain advantages. |
State Preemption of local restrictions? |
Partial |
Partial |
ARS 13-3108 |
Explained below. |
NFA weapons restricted? |
Partial |
Partial |
ARS 13-3101 |
It is a violation of state law to possess some NFA weapons except as permitted by federal law. |
Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
Arkansas
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
None |
No |
Firearm registration? |
No |
No |
None |
No |
"Assault weapon" law? |
No |
No |
None |
No |
Owner license required? |
No |
No |
None |
No |
Carry permits issued? |
No |
Yes |
5-73-301 - 5-73-320 |
Concealed carry requires a permit. Open carry is not permitted. |
State Preemption of local restrictions? |
Yes |
Yes |
5-73-120 |
|
NFA weapons restricted? |
N/A |
N/A |
5-73-120 |
|
Peaceable Journey laws? |
? |
Yes |
5-73-120 (c)(4) |
A person has a defense to the crime of carrying a weapon when they are on a journey, unless the journey is through a commercial airport at the security checkpoint or is in checked baggage and is not a lawfully declared weapon |
California
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
§12070, §12071, §12082 |
All firearm sales (except long guns more than 50 years old) must be completed through a dealer. Handgun purchases require a Handgun Safety Certificate and proof of residency. |
Firearm registration? |
No |
Yes |
§12025 and §12031 |
All handgun serial numbers and sales are recorded by the state (registered) in the Department of Justice’s Automated Firearms System. Longarm serial numbers are not recorded, only the sale. While there is no requirement for California residents to register previously owned handguns or firearms with law enforcement, §12025 and §12031 enhance several misdomenor offenses to felonies if the handgun is not on file in the Department of Justice’s Automated Firearms System. California §12025 states that handguns must be transported unloaded and in a locked box other than the glove compartment or utility box in a motor vehicle. New residents must register handguns (purchased outside of California) with DOJ within 60 days. |
"Assault weapon" law? |
Yes |
Yes |
§12280 , §12285 |
Illegal to possess, import, or purchase assault weapons and .50 BMG rifles, unless such weapons were acquired by the owner prior to June 1, 1989. Legally defined assault weapons and .50 BMG rifles listed by make and model by the DOJ must be registered. Their sale and transfer is prohibited. Military look-alike rifles that are not chambered for .50 BMG and are not on the DOJ roster are legal to purchase or possess, with some restrictions in configuration—known as "banned features." Active-duty military members residing out of state and assigned to duty in California may bring personally-owned assault weapons into the state. The military member's residence must be in a state that permits private citizens to own and possess assault weapons, and the firearms must be registered with the California Department of Justice prior to the servicemember's arrival in California by submitting the registration form with a copy of the member's Permanent Change of Station (PCS) orders. |
Owner license required? |
No |
No |
None |
|
Carry permits issued? |
N/A |
Yes |
§12050 |
May issue, depending on jurisdiction. County sheriff's or local Police Chief's discretion, many counties are de facto "no-issue," while others are "shall-issue" in practice. CCW permits valid statewide. Out-of-state permits not valid in California. |
State Preemption of local restrictions? |
Yes |
Yes |
§53701 GC |
Most but not all local restrictions preempted.[7][8] |
NFA weapons restricted? |
Yes |
Yes |
§12220, §12020 |
Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry. Suppressors (aka silencers) prohibited. AOW's (Any Other Weapons) permitted, except for "pen guns." |
Peaceable Journey laws? |
No |
No |
None |
|
Colorado
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
None |
|
Firearm registration? |
No |
No |
None |
|
"Assault weapon" law? |
Varies |
Varies |
Denver has an "Assault Weapons" ban. See Section 38-130 of Denver’s Revised Municipal Code |
|
Owner license required? |
No |
No |
None |
|
Concealed Carry permits issued? |
Yes |
Yes |
CRS 18-12 |
|
Open carry without a permit? |
Yes* |
Yes* |
CRS 18-12 |
Technically legal in most areas unless local laws exist (City of Denver), in which case signs must be posted. May be interpreted as disturbing the peace by law enforcement. |
Concealed within a vehicle? |
Unloaded Only** |
Yes |
CRS 18-12, 33-6-125 |
**Loaded without a round chambered only (applies to rifles/shotguns, not pistols). |
State Preemption of local restrictions? |
Yes* |
Yes* |
CRS 18-12 |
*Open carry and open car carry of a loaded firearm is prohibited in city and county of Denver, otherwise, local ordinances are preempted by state law |
NFA weapons restricted? |
No |
No |
None |
|
Peaceable Journey laws? |
Yes |
Yes |
CRS 18-12-105.6 |
Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons travelling to or from other jurisdictions; see Trinen v. City & County of Denver, 53 P.3d 754 |
Castle Doctrine? |
Yes |
Yes |
|
A legal resident of a property has the right to defend himself, other occupants, and property using deadly force from intruders, whether they are armed or not. |
"Make My Day" Law? |
Yes |
Yes |
|
A person may defend himself or others with deadly force if necessary. |
Connecticut
Subject/Law |
Long guns |
Handguns |
Relevant statutes |
Notes |
State Permit to Purchase? |
No |
Yes |
CGS 29–36(f),
CGS 29–36(g) |
Certificate of Eligibility for Pistol or Revolver required to purchase handguns. Applicants must complete an approved handgun safety course, and pass a NICS background check prior to issuance of certificate. Certificate of Eligibility valid for five years. There is a 14-day waiting period for the purchase of long guns, with exceptions for peace officers, Active-Duty military members, and holders of carry permits and hunting licenses.[9][10] |
Firearm registration? |
No* |
No* |
CGS 53–202 |
Registration required for assault weapons purchased before October 1, 1993. There is a de facto registry of handguns maintained by the Department of Public Safety as any handgun transfer, be it from a dealer or private party, must be accompanied by an authorization number issued by the DPS and a form containing personal and weapon identification (DPS-3-C) must be submitted to DPS and local police. This form is collected and maintained on all long guns purchased from FFL dealers as well, however is not required for the transfer of long guns between private parties. |
"Assault weapon" law? |
Yes |
Yes |
CGS 53–202 |
Partial ban (selective fire weapons, some .50 BMG variants, an enumerated list of specific restricted features and certain brands of semi-automatic assault weapons and weapon "types".)
No restrictions on magazine capacity.[11]
|
Owner license required? |
No |
No |
|
|
Carry permits issued? |
No |
Yes |
CGS 29–28 |
May-Issue by statute, but Shall-Issue in practice. Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members.[12] Out of state permits not valid in Connecticut, but nonresidents may apply for a Connecticut Nonresident CCW permit through the mail. |
State Preemption of local restrictions? |
Yes |
Yes |
CGS 29–28 |
|
NFA weapons restricted? |
Partial |
Partial |
CGS 53–202(c) |
Selective fire assault weapons prohibited, unless purchased before October 1, 1993. |
Peaceable Journey laws? |
No |
No |
CGS 29–38 |
Federal rules observed. |
Delaware
Subject/Law |
Long guns |
Handguns |
Relevant statutes |
Notes |
State Permit to Purchase? |
No |
No |
|
|
Firearm registration? |
No |
No |
|
|
"Assault weapon" law? |
No |
|
|
|
Owner license required? |
No |
No |
|
|
Carry permits issued? |
No |
Yes |
11 Del.C. § 1441(j) |
|
State Preemption of local restrictions? |
Yes* |
Yes* |
|
Complete Preemption except any local ordinances that were in effect at the time that preemption was passed (July 4, 1985) are still in effect and are NOT preempted |
NFA weapons restricted? |
Yes |
Yes |
|
Civilian ownership for research purposes only |
Peaceable Journey laws? |
No |
No |
|
Federal rules observed. |
Florida
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
None |
|
Firearm registration? |
No |
No |
None |
|
"Assault weapon" law? |
No |
No |
None |
|
Owner license required? |
No |
No |
None |
|
Carry permits issued? |
No |
Yes |
Chapter 790.06 |
Concealed carry only; no open carry allowed, even with permit |
State Preemption of local restrictions? |
Yes |
Yes |
Chapter 790.33 |
|
NFA weapons restricted? |
No |
No |
None |
|
Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
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? |
Yes |
Yes |
OCGA §16-11-129 |
Concealed or open carry allowed with permit. See also OCGA §43–38–10 which is a special permit for armed security guards. |
State Preemption of local restrictions? |
Yes |
Yes |
OCGA §16-11-173 |
Despite state preemption, several localities continue to have local gun restrictions. Recent court rulings have resulted in many of these ordinances being withdrawn. |
NFA weapons restricted? |
No |
No |
None |
|
Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
Unlicensed open carry? |
Yes |
No |
OCGA 16-11-128 |
A Georgia Weapons License (GWL), or a recognized out-of-state permit, is required for open carry of any handgun outside of one's home, property, motor vehicle, or place of business. |
Hawaii
Idaho
Subject/Law |
Long guns |
Handguns |
Relevant statutes |
Notes |
State Permit to Purchase? |
No |
No |
|
|
Firearm registration? |
No |
No |
|
|
"Assault weapon" law? |
No |
No |
|
|
Owner license required? |
No |
No |
|
|
Carry permits issued? |
No |
Yes |
|
Permit needed to carry concealed, may carry openly in a vehicle or on foot . |
State Preemption of local restrictions? |
Yes |
Yes |
|
|
NFA weapons restricted? |
No |
No |
|
Permitted as long such possession is in compliance with all federal regulations |
Peaceable Journey laws? |
No |
No |
|
Federal rules observed. |
Illinois
Subject/Law |
Long Guns |
Handguns |
Relevant Statutes |
Notes |
State permit to purchase? |
Yes |
Yes |
430 ILCS 65 |
FOID required. |
Firearm registration? |
No |
No |
|
The city of Chicago requires residents to complete a firearm safety course, receive a background check including fingerprinting, and then pay a $100 annual permit fee. Registration of any handgun will assume an additional one time fee of $15.00 |
"Assault weapon" law? |
No |
No |
|
|
Owner license required? |
Yes |
Yes |
430 ILCS 65 |
FOID required. |
Carry permits issued? |
No |
No |
|
|
State preemption of local restrictions? |
No |
No |
|
|
NFA weapons restricted? |
Yes |
Yes |
720 ILCS 5/24 |
Fully automatic firearms and short-barreled rifles and shotguns prohibited. AOW (Any Other Weapon) allowed with proper approval and tax stamp from BATF. |
Peaceable journey laws? |
No |
No |
|
|
Indiana
Iowa
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
Constitutional Right to Bear Arms |
No |
|
|
State Preemption of local restrictions? |
Yes |
Yes |
|
State Permit to Purchase? |
Yes |
No |
|
Concealed Carry permit may be used in lieu of purchase permit |
Concealed carry permits issued? |
No |
Shall-Issue |
|
Accepts permits from all states, Iowa residents must have Iowa permit |
Castle Doctrine |
No |
|
Firearm registration? |
No |
No |
– |
|
"Assault weapon" law? |
No |
No |
– |
|
Owner license required? |
No |
No |
|
|
NFA weapons restricted? |
Yes |
|
Complete prohibition |
Kansas
Subject/Law |
Long Guns |
Handguns |
Relevant Statutes |
Notes |
State permit to purchase? |
No |
No |
|
|
Firearm registration? |
No |
No |
|
|
"Assault weapon" law? |
No |
No |
|
|
Owner license required? |
No |
No |
|
|
Carry permits issued? |
No |
Yes |
[13] |
|
NFA weapons restricted? |
No |
No |
|
|
Peaceable journey laws? |
No |
No |
|
Federal rules observed. |
Kentucky
Subject/Law |
Long Guns |
Handguns |
Relevant Statutes |
Notes |
State permit to purchase? |
No |
No |
|
|
Firearm registration? |
No |
No |
|
|
"Assault weapon" law? |
No |
No |
|
|
Owner license required? |
No |
No |
|
|
Carry permits issued? |
No |
Yes |
KRS § 237.110 |
|
State preemption of local restrictions? |
Yes |
Yes |
KRS § 65.870 |
Exception: KRS § 237.115 allows the following entities to restrict concealed carry:
- Postsecondary educational institutions
- Any unit of government within the state in buildings that it owns, leases, or occupies – however, concealed carry is allowed in highway rest areas, public housing, and private dwellings
|
NFA weapons restricted? |
No |
No |
|
|
Peaceable journey laws? |
No |
No |
|
Federal rules observed. |
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
Yes |
§624.7131[14] |
Permit to purchase required to transfer/purchase "military-style assault weapons" through FFL dealers. No permit required for private transfers between individuals.
|
Firearm registration? |
No |
No |
None |
No |
"Assault weapon" law? |
Partial* |
Partial* |
§624.7131 |
Persons under the age of 21 prohibited from purchasing semi-automatic handguns and other "military style" weapons. However, ownership of "assault weapons" by persons over 18 generally not prohibited. |
Owner license required? |
No |
No |
None |
No |
Carry permits issued? |
No |
Yes |
§624.714[15] |
Shall Issue. 'Minnesota Permit to Carry a Pistol' required to carry handguns. Concealment is permitted but not required. A carry permit also allows for the carry of long guns ( §624.7181[16]) |
State Preemption of local restrictions? |
Yes |
Yes |
§471.633[17] |
Municipalities may regulate the discharge of firearms within their borders. |
NFA weapons restricted? |
Yes |
Yes |
§609.67[18] |
Machine guns and short-barreled shotguns, unless designated Curios & Relics, are prohibited in most cases. Sound suppressors and some destructive devices are prohibited in most cases. |
Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
Mississippi
Missouri
Montana
Subject/Law |
Long guns |
Handguns |
Relevant statutes |
Notes |
State Permit to Purchase? |
No |
No |
|
|
Firearm registration? |
No |
No |
|
|
"Assault weapon" law? |
No |
No |
|
|
Owner license required? |
No |
No |
|
|
Carry permits issued? |
No |
Yes |
|
Permits not required in many locations (see below ) |
State Preemption of local restrictions? |
Yes |
Yes |
M.C.A 45-8-351 |
Complete state preemption of firearms laws except localities may regulate the carrying of concealed or openly carried firearms to a public assembly, a publicly owned building, a park under its jurisdiction
or a school. localities may also regulate the possession of firearms by felons, minors, illegal aliens or the mentally --71.187.60.231 (talk) 02:26, October 26, 2011 (UTC) .
|
NFA weapons restricted? |
No |
No |
|
Permitted as long such possession is in compliance with all federal regulations |
Peaceable Journey laws? |
Yes |
Yes |
|
|
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
Subject/Law |
Long Guns |
Handguns |
Relevant Statutes |
Notes |
State permit to purchase? |
No |
No |
|
|
Firearm registration? |
No |
No |
|
|
"Assault weapon" law? |
No |
No |
|
|
Owner license required? |
No |
No |
|
|
Carry permits issued? |
No |
Yes |
NMSA 29–19–4 |
Shall-issue, with completion of 15-hour handgun safety course that includes live-fire instruction. Permit required to carry concealed loaded firearm. No permit needed for open carry, concealed carry of an unloaded firearm, or transport of a loaded firearm either concealed or openly in a vehicle. |
NFA weapons restricted? |
No |
No |
|
|
Castle Doctrine law? |
No |
No |
|
No statutory protection from lawsuits arising from the use of lethal force in self-defense |
"Opt-Out" statute? |
Yes |
Yes |
NMSA 29–19–12; NMSA 30–14–6 |
Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property. |
Peaceable journey laws? |
No |
No |
|
Federal rules observed. |
New York
Subject/Law |
Long guns |
Handguns |
Relevant statutes |
Notes |
State Permit to Purchase? |
No |
Yes |
|
|
Firearm registration? |
No |
Yes |
|
Long guns, only in NYC. |
"Assault weapon" law? |
Yes |
Yes |
|
More restrictive NYC version of the expired Federal law. |
Owner license required? |
Varies |
Yes |
|
Licensing is required for long guns in NYC. |
Carry permits issued? |
Yes |
Yes |
|
In some localities a carry permit is de facto "No-issue" |
State Preemption of local restrictions? |
Yes |
Yes |
|
|
Peaceable Journey laws? |
Yes |
Yes |
|
|
North Carolina
North Dakota
Ohio
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
None |
|
Firearm registration? |
No |
No |
None |
No |
"Assault weapon" law? |
No |
No |
None |
Magazines holding over 31 rounds makes the weapon an "automatic firearm" subject to law accordingly |
Owner license required? |
No |
No |
None |
No |
Carry permits issued? |
No |
Yes |
O.R.C. 2923.16 |
Shall Issue – 12 hour training required |
State Preemption of local restrictions? |
Yes |
Yes |
O.R.C. 9.68 |
Full Preemption – Affirmed by City of Cleveland vs. State of Ohio |
NFA weapons restricted? |
Partial |
Partial |
O.R.C. 2923 |
It is a violation of state law to possess NFA weapons except as permitted by federal law. |
Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
Oklahoma
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
§21-1276, |
Private sales legal, no waiting period. |
Firearm registration? |
No |
No |
– |
None |
"Assault weapon" law? |
No |
No |
– |
None |
Owner license required? |
No |
No |
§21-1273, §21-1276, §21-1283, |
None |
Carry permits issued? |
No |
Yes |
§21-1277, §21-1272, §21-1278, §21-1289, §21-1290 |
Concealed carry of loaded handguns only; no open carry allowed, even with permit. Unlicensed public carry of unloaded handguns and long arms by persons eligible to possess firearms is allowed under some circumstances. |
State Preemption of local restrictions? |
Yes |
Yes |
§21-1289.24 |
– |
NFA weapons restricted? |
No |
No |
§21-1289.18 |
Short barreled rifles and shotguns are illegal to possess under state law unless registered under the NFA, ownership and possession of automatic firearms is legal under state law. |
Oregon
Pennsylvania
Rhode Island
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
Yes |
RI Gen. Stat. 11–47–35[19] |
All purchasers of firearms must complete and pass a safety exam managed by the RI Department of Environmental Management, at which time they will receive a DEM issued "blue card" allowing purchase. |
Firearm registration? |
No |
No |
RI Gen. Stat. 11–47–41[20] |
|
"Assault weapon" law? |
No |
No |
None |
|
Owner license required? |
No |
No |
None |
|
Carry permits issued? |
No |
Yes |
RI Gen. Stat. 11–47–11 RI and RI Gen. Stat. 11–47–18[21] |
See Notes Below |
State Preemption of local restrictions? |
Yes |
Yes |
RI Gen. Stat. 11–47–58[22] |
|
NFA weapons restricted? |
Yes |
Yes |
RI Gen. Stat. 11–47–8[23] and RI Gen. Stat. 11–47–20[24] |
It is a violation of state law to possess any NFA weapon or silencers with the exception of Class III FFLs. |
Peaceable Journey laws? |
No |
Yes |
RI Gen. Stat. 11–47–8[23] |
State law mirrors Federal law to a limited degree but does not make any provision for transport of rifles and explicitly states that an individual transporting a weapon must have a valid permit in another state. The State may also adhere to federal law but this is unclear and there does not appear to be any statewide policy. |
South Carolina
South Dakota
Tennessee
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
None |
No |
Firearm registration? |
No |
No |
None |
No |
"Assault weapon" law? |
No |
No |
None |
No |
Owner license required? |
No |
No |
None |
No |
Carry permits issued? |
No* |
Yes |
39-17-1351 |
Permits are "shall-issue". Concealed or open carry of a handgun is allowed with permit. *Loaded long gun carry is generally illegal. Those with a Handgun Carry Permit(HCP) holders may have loaded longs in a private vehicle so long as there is not a round in the chamber 39-17-1307(e) There are also other exceptions (like for hunting) listed in 39-17-1307 |
State Preemption of local restrictions? |
No |
No |
39-17-1314 |
Tennessee is an anomalous State. The Legislature made a loop hole for cities and municipalities with laws in effect prior to April 8, 1986. The local ordinances in effect before April 8, 1986 pre-empt State law see TCA 39-17-1314(a). Local governments may post signs per 39-17-1359 to prohibit carry on government property, just like private property owners. |
NFA weapons restricted? |
No |
No |
None |
On July 1, 2003 public chapter 275 is in effect. It requires the CLEO, chief law enforcement officer, to sign NFA paperwork in 15 days if the applicant is not prohibited from possessing firearms. see TCA 39-17-1361 . |
Peaceable Journey laws? |
No |
No |
None |
Federal rules observed. |
Self-Defense Law |
– |
– |
39-11-611 |
There is not duty to retreat before using deadly force, as long as you are acting lawfully and are in a place you have a right to be in. It is presumed you had a reasonable fear of imminent death or serious bodily injury if someone unlawfully and forcibly enters a residence, business, dwelling or vehicle. |
Texas
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
None |
Must be 18+ to purchase a long gun from a dealer or private seller, 21+ to purchase a handgun from a dealer , 18 to own a handgun . |
Firearm registration? |
No |
No |
None |
|
"Assault weapon" law? |
No |
No |
None |
|
Owner license required? |
No |
No |
None |
|
Carry permits issued? |
No |
Yes |
GC Ch. 411 Subch H, PC 46.15 |
Concealed carry of a handgun requires a "shall-issue" permit. Open carry of a handgun is prohibited with some exceptions (hunting, on one's own property). Open carry of a long gun is not specifically prohibited as PC 46.02 (unlawful carry of weapons) only mentions handguns, however it may be construed as "Disorderly Conduct". |
State Preemption of local restrictions? |
Yes |
Yes |
LGC §229.001. |
FIREARMS; EXPLOSIVES. (a) A municipality may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, ammunition, or firearm supplies. |
NFA weapons restricted? |
No |
No |
PC 46.01(9), PC 46.05 |
State law prohibits ownership outside of NFA compliance, calling possession while in compliance "a defense to prosecution." |
Peaceable Journey laws? |
Yes |
Yes |
PC 46.02, PC 46.15 |
A person may carry a concealed, loaded handgun without a permit while in or heading directly to a car they own or control. |
Castle Doctrine? |
Yes |
Yes |
PC 9.32 |
A person is presumed justified in using deadly force to protect themselves against an unlawful, forceful intrusion into their dwelling. There is no duty to retreat from any place where the shooter has a legal right to be. |
Utah
| "Assault weapon" law? || No || No || – || None|-
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
- |
Private sales legal, no waiting period. |
Firearm registration? |
No |
No |
– |
None |
Owner license required? |
No |
No |
- |
None |
Carry permits issued? |
Yes |
Yes |
- |
Open carry allowed without permit and concealed carry allowed with permit. |
State Preemption of local restrictions? |
Yes |
Yes |
- |
None |
NFA weapons restricted? |
No |
No |
- |
Possession of NFA firearms in violation of federal law is a third degree felony under state law. However, possession and ownership of NFA firearms and items is legal under state law if federal requirements and laws are followed. |
Peaceable Journey laws? |
Yes |
Yes |
76-10-523 |
Persons exempt from weapons laws.
(g) a nonresident traveling in or through the state, provided that any firearm is: unloaded; and securely encased as defined in Section 76-10-501. Handguns may be loaded in any vehicle under the person's control.
|
Castle Doctrine? |
Yes |
Yes |
76-2-402 |
Force in defense of person—Forcible felony defined.
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.
|
Vermont
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
State Permit to Purchase? |
No |
No |
– |
No |
Firearm registration? |
No |
No |
– |
No |
"Assault weapon" law? |
No |
No |
– |
No |
Owner license required? |
No |
No |
– |
No |
Carry permits issued? |
No |
No |
– |
*May carry open or concealed without permit |
State Preemption of local restrictions? |
Yes |
Yes |
– |
– |
NFA weapons restricted? |
No |
No |
– |
|
Virginia
Washington
Washington, D.C.
West Virginia
Wisconsin
Subject/Law |
Long guns |
Handguns |
Relevant Statutes |
Notes |
Constitutional Right to Bear Arms |
Yes |
1:22 |
"The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose." |
State Preemption of local restrictions? |
Yes |
Yes |
66.0409 |
|
State Permit to Purchase? |
No |
No |
175.35 |
48 hour waiting period on handguns |
Concealed carry permits issued? |
No |
Shall-Issue |
175.60 |
May carry open without permit, some local jurisdictions treat open carry as disturbing the peace |
Castle Doctrine |
Yes |
895.62 |
Firearm registration? |
No |
No |
– |
|
"Assault weapon" law? |
No |
No |
– |
|
Owner license required? |
No |
No |
941.29 |
|
NFA weapons restricted? |
Machine Guns restricted, exceptions apply |
941.298
941.26
|
Silencers and SBR allowed if NFA rules followed, otherwise felony |
Wyoming
References
- ^ "State Constitutional Right to Keep and Bear Arms Provisions, UCLA School of Law". Law.ucla.edu. December 31, 1991. http://www.law.ucla.edu/volokh/beararms/statecon.htm. Retrieved November 23, 2011.
- ^ "New York Civil Rights – Article 2 – § 4 Right to Keep and Bear Arms". Law.onecle.com. March 30, 2010. http://law.onecle.com/new-york/civil-rights/CVR04_4.html. Retrieved November 23, 2011.
- ^ Monday, June 28, 2010 09:09 (June 28, 2010). "Victory for the Second Amendment". Gunowners.org. http://gunowners.org/a062810.htm. Retrieved November 23, 2011.
- ^ "U.S. Concealed Carry Reciprocity Map on". Usacarry.com. http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html. Retrieved November 23, 2011.
- ^ "Printz v. United States, 521 U.S. 898 (1997)". Caselaw.lp.findlaw.com. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=521&page=898. Retrieved November 23, 2011.
- ^ "Printz v. United States". stephenhalbrook.com. http://www.stephenhalbrook.com/printz.html. Retrieved March 28, 2010. "Congress may not require the States to administer a federal regulatory program"
- ^ "California Department of Justice – 53701 GC State Preemption of Firearm Regulations". Caag.state.ca.us. http://caag.state.ca.us/firearms/dwcl/53701.htm. Retrieved November 23, 2011.
- ^ Egelko, Bob (January 10, 2008). ""Municipalities Can't Ban People from Owning Handguns, Court Rules", ''San Francisco Chronicle'', January 10, 2008". San Francisco Chronicle. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/10/BAQIUC21G.DTL. Retrieved November 23, 2011.
- ^ Connecticut General Statutes Section 29-36
- ^ "Sec. 29-37a. Sale or delivery at retail of firearm other than pistol or revolver". Web.archive.org. May 31, 2008. http://web.archive.org/web/20080531014750/http://www.cga.ct.gov/2007/pub/Chap529.htm#Sec29-37a.htm. Retrieved November 23, 2011.
- ^ Connecticut General Statutes Section 53-202
- ^ Connecticut General Statutes Section 29-28
- ^ http://www.nraila.org/statelawpdfs/KSSL.pdf
- ^ "624.7131, 2011 Minnesota Statutes". Revisor.mn.gov. https://www.revisor.mn.gov/statutes/?id=624.7131. Retrieved November 23, 2011.
- ^ "624.714, 2011 Minnesota Statutes". Revisor.mn.gov. March 1, 2004. https://www.revisor.mn.gov/statutes/?id=624.714. Retrieved November 23, 2011.
- ^ "624.7181, 2011 Minnesota Statutes". Revisor.mn.gov. https://www.revisor.mn.gov/statutes/?id=624.7181. Retrieved November 23, 2011.
- ^ "471.633, 2011 Minnesota Statutes". Revisor.mn.gov. https://www.revisor.mn.gov/statutes/?id=471.633. Retrieved November 23, 2011.
- ^ "609.67, 2011 Minnesota Statutes". Revisor.mn.gov. https://www.revisor.mn.gov/statutes/?id=609.67. Retrieved November 23, 2011.
- ^ "11-47-35". Rilin.state.ri.us. http://www.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-35.HTM. Retrieved 2011-12-23.
- ^ "11-47-41". Rilin.state.ri.us. http://www.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-41.HTM. Retrieved 2011-12-23.
- ^ "11-47-18". Rilin.state.ri.us. http://www.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-18.HTM. Retrieved 2011-12-23.
- ^ "11-47-58". Rilin.state.ri.us. http://www.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-58.HTM. Retrieved 2011-12-23.
- ^ a b "11-47-8". Rilin.state.ri.us. http://www.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-8.HTM. Retrieved 2011-12-23.
- ^ "11-47-20". Rilin.state.ri.us. http://www.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-20.HTM. Retrieved 2011-12-23.
External links
Gun laws in the United States (by state)
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