Gun laws in the United States by state

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

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 U.S. 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, which protects the right to keep and bear arms. 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] Additionally, the U.S. Supreme Court held in McDonald v. Chicago that the protections of the Second Amendment to keep and bear arms for self-defense in one's home apply against state governments and their political subdivisions.[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 as per the U.S. Supreme Court's ruling in Printz v. United States.[5][6]

Common subjects of state laws

Firearm related matters that are often regulated by state or local laws include the following:


Alabama

Main article: Gun laws in Alabama
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes Alabama is a shall issue state for concealed carry.
Open carry permitted? Yes Yes* Open carry is generally permitted. However, open carry in a vehicle without a concealed carry license is prohibited. As of August 1, 2013, the law states that: "It shall be a rebuttable presumption that the mere carrying of a visible pistol, holstered or secured, in public place, in and of itself, is not disorderly conduct."
State preemption of local restrictions? Yes Yes "The entire matter of handguns is reserved to the state legislature."
Assault weapon law? No No
NFA weapons restricted? No* No *AOW's disguised as walking canes are the only illegal firearms in Alabama.

Alaska

Main article: Gun laws in 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.
Open Carry? Yes Yes May carry openly without permit/license.
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

Main article: Gun laws in Arizona
Subject/Law Long guns Handguns Relevant Statutes Notes
State permit required to purchase? No No None No
Firearm registration required? No* No* ARS 13-3101(B) *State law duplicates some of the registration requirements of the National Firearms Act.
Assault weapon prohibition or restrictions? Partial Partial ARS 13-3101(B) Assault weapons must be on the NFA registry.
Magazine Capacity Restriction? No No
Owner license required? No No None No
Concealed Carry Weapon (CCW) permits issued? Yes Yes ARS 13-3112
ARS 13-3102
In Arizona, a person over age 21 may legally carry a concealed firearm or deadly weapon without a permit within the state, except for certain prohibited locations, and must disclose the fact to a law enforcement officer if questioned. Although no longer required, a CCW permit may still be obtained and has certain advantages, including reciprocity with many other states having CCW laws.
Open carry allowed? Yes Yes May carry openly without permit/license.
State preemption of local restrictions? Partial Partial ARS 13-3108 Explained below
NFA weapons restricted? No No ARS 13-3101 Law makes possession and use illegal but then exempts said weapons and devices if they're registered in compliance with federal law.
Peaceable journey laws? No No None Federal rules observed.

Arkansas

Main article: Gun laws in 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
Magazine Capacity Restriction? No No
Owner license required? No No None No
Carry permits issued? No Yes 5-73-301 - 5-73-320 Shall-Issue. The Arkansas State Police issue and recognize the Arkansas Concealed Handgun Carry License, as do states that have existing reciprocity with Arkansas.
Open Carry? Yes No 5-73-120 Act 746 changed the law to state that the offense of carrying a weapon is committed when intent to unlawfully employ the weapon is established, however Attorney General issued opinion that the "journey" exemption of Act 746[7] does not decriminalize open carry.[8] However, it is not illegal to openly carry rifles and shotguns.
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) [Weapons are allowed if] The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon. "Journey" is defined as "travel beyond the county in which a person lives." (5-73-120(B)(3))

California

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? Partial* Partial* §26500, §12071, §12082 All firearm sales must be completed through a dealer.

*Firearm purchases require a Firearm Safety Certificate and proof of residency unless the individual purchasing the firearm is active duty military or a peace officer under Penal Code Section 830. Military reservists must still acquire a Firearm Safety Certificate and proof of residency in order to purchase a firearm.

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. While there is no requirement for California residents to register previously owned handguns or firearms with law enforcement, §12025 and §12031 enhance several misdemeanor 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 container other than the glove compartment or utility box in a motor vehicle. A "locked container" is further defined to mean "a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device". New residents must register handguns (purchased outside of California) with DOJ within 60 days.
  • As of January 1, 2014 Long gun serial numbers are now recorded, where as previously only the sale was recorded. However, it is not required that long gun owners register their firearms and it is not a crime to be in possession of an un-registered firearm.
Owner license required? No No None
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. While California's Assault Weapons Ban does allow individuals to obtain, transport or possess banned weapons with permission from the DOJ, the DOJ generally does not grant such permission to ordinary citizens. 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 and an authorization letter from the installation commander.
Detachable Magazine Capacity Restriction? Yes Yes §32310

Section 32310 of the Penal Code states: "commencing January 1, 2000, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment". Thus, the offenses listed can be charged as a felony or a misdemeanor at the discretion of the prosecutor.[9] The section continues further by explaining that: "'manufacturing' includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine". Until January 1, 2014, it was only a crime to "manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine". Assembly Bill 48 was signed by Governor Jerry Brown on October 11, 2013 and expanded previous prohibitions by making it illegal to buy or receive a large-capacity magazine or magazine rebuild kit.[10] Peace officers (under Penal Code Section 830) and "person licensed pursuant to [CA Penal Code] Sections 26700 to 26915" are exempt this prohibition on the purchase and sale of large-capacity magazines for personal use. However, federal law enforcement officers are not exempt and must obtain large-capacity magazines through their agency.[11] It is noteworthy that mere possession of a large-capacity magazine is not, in and of itself, a violation of the California Penal Code. That said, the City of Sunnyvale (Chapter 9.44 of the Sunnyvale Municipal Code)[12] and the City and County of San Francisco (Article 9, Section 619 of the San Francisco Police Code)[13] have enacted ordinances that make mere possession of large-capacity magazines a misdemeanor offense within their respective city limits. The Los Angeles City Council has passed a resolution stating they want to draft an ordinance similar to those in Sunnyvale and San Francisco but no actual ordinance has been passed.[14]

Carry permits issued? Yes 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. The 9th Circuit U.S. Court of Appeals ruled California's may-issue law unconstitutional in February 2014, but has allowed the law to remain in effect pending further appeals. Some counties that have historically been very restrictive in issuing CCW permits have implemented shall-issue policies for granting CCW permits in the wake of the 9th Circuit Court of Appeals ruling, while other counties with restrictive policies have opted to continue operating under the existing discretionary criteria until a court order is issued that eliminates the requirement for applicants to show "good cause" for a CCW permit. A few counties have stopped processing CCW permits altogether and are awaiting a final ruling from the courts before they resume processing applications.
Open Carry? Partial* Partial* §26350 *Long guns may be carried in unincorporated rural areas where open carry is permitted by local ordinance. In a county with a population of less than 200,000 residents, a permit to carry a handgun "loaded and exposed" may be issued by the county sheriff.
State Preemption of local restrictions? Yes Yes §53701 GC Most but not all local restrictions preempted.
Castle Doctrine Law? Yes Yes California never requires a duty to retreat whether in your own home or not. The state acknowledges a legal presumption that an intruder poses a deadly threat if in your own home or property that is owned and controlled by yourself.
NFA weapons restricted? Yes Yes §12220, §12020, §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. Destructive devices are prohibited unless are designated as curios & relics, in which case a collectors permit can be obtained. The only AOWs that are permitted are smoothbore pistols and firearms with a combination of a smoothbore and rifle barrel.
Peaceable Journey laws? No No California courts have ruled that large capacity magazines (LCM) that are disassembled or LCM parts are legal to possess. Otherwise federal rules are observed.
Waiting Period? Yes* Yes* §26815(a), §26950-27140, §27540(a), §27600-27750 California has a ten (10) day waiting period for all firearm purchases, transfers, and private sales which must be conducted through a federal and state firearm license holder. That is, upon purchase, the purchaser must wait 10 days after the purchase before the firearm is released to the owner.
  • Note: On August 25, 2014, the California’s 10-day waiting period for gun purchases was ruled unconstitutional by the U.S. District Court for the Eastern District of California which found that "the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment" as applied to members of certain classifications and "burdens the Second Amendment rights of the Plaintiffs".[15]

Colorado

Main article: Gun laws in Colorado
Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
Assault weapon law? No No DRMC § 38-130 Denver ordinance bans assault weapons.
Magazine Capacity Restriction? Yes Yes CRS §§ 18-12-302, 18-12-303 After July 1, 2013, magazines holding more than 15 rounds may not be sold, or transferred within the state. Specific exceptions exist for family members and antique firearms. LCMs lawfully obtained prior to July 1, 2013 may be kept and used. Colorado's LCM ban does not prohibit non-residents from bringing LCMs into the state for personal use.
Owner license required? No No
Concealed Carry permits issued? No Yes CRS § 18-12-203 Colorado is a "shall issue" state for concealed carry. Permits are issued by local sheriff offices to county residents.
Open carry? Yes* Yes* CRS § 18-12;
DRMC §§ 38-117(b), 38-118
*Legal without permit requirements except in Denver.
Concealed within a vehicle? Yes Yes CRS §§ 18-12-105(2b), 33-6-125;
DRMC §§ 38-117(f), 38-118, 14-92
Without a round chambered (applies to rifles/shotguns, not pistols).
State Preemption of local restrictions? Yes Yes CRS § 29-11.7-103 Local ordinances are preempted by state law, but Denver bans assault weapons, Saturday night specials, and open carry.
NFA weapons restricted? No No
Peaceable Journey laws? Yes Yes CRS § 18-12-105.6; DRMC §§ 38-117(f), 38-118 Denver's restrictions on transport/possession of firearms in vehicles do not apply to persons traveling 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 use deadly force to defend themselves, other occupants, and property from armed or unarmed intruders.
Stand Your Ground Law? No No

Connecticut

Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? Yes Yes CGS 29–36(f),
CGS 29–36(g)
Certificate of Eligibility for Pistol and Revolvers or Long Guns or Ammunition required to purchase handguns, long guns or ammunition, respectively. Applicants must complete an approved safety course, and pass a NICS background check prior to issuance of certificate. Certificates of Eligibility are granted on a Shall-Issue basis to qualified applicants, and are 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. With the passing of Public Act 13-3, hunting licenses (which take approximately 12 hours to complete versus the eight hours the NRA Basic Pistol Course takes) may no longer be used to purchase ammunition or long rifles. Long guns and ammunition purchased outside of Connecticut are not subject to the long gun and ammunition eligibility requirements (even if one is a CT resident) other than the two week waiting period must be observed for long gun transfers out of state, unless one has a valid hunting license or carry permit.
Firearm registration? No* No* CGS 53–202 *Registration required for assault weapons purchased between September 13, 1994 and April 1, 2014 and for machine guns obtained before January 1, 2014.

There is a de facto registry of the sale (including the serial numbers) of handguns and long guns purchased in state that is maintained by the Department of Emergency Services and Public Protection (DESPP). Any transfer, be it from a dealer or private party, must be accompanied by an authorization number issued by the DESPP and a form containing personal and weapon identification (DPS-3-C) must be submitted to DESPP and local police. This form is collected and maintained on all guns purchased from FFL dealers as well. The DPS-3-C form is not required for long gun transfers made out of state, and there is no legal requirement/penalty to register firearms purchased out of state or lawfully obtained before April 1, 2014.

Assault weapon law? Yes* Yes* CGS 53–202 Partial ban. Selective fire weapons, some .50 BMG variants, and semiautomatic center-fire firearms with one defined feature; banned weapons lawfully possessed prior to this date must be registered with DESPP. Registered weapons may only be sold or transferred to a licensed gun dealer, to the State Police or local police department or transferred to a recipient outside of Connecticut. Assault weapons manufactured and lawfully obtained prior to September 13, 1994 no longer require registration with DESPP and may be sold or transferred to non-prohibited persons.[16] Exceptions exist for active and retired law enforcement and military members.
Magazine Capacity Restriction? Yes Yes As of April 4, 2013, magazines holding more than 10 rounds are considered Large Capacity Magazines (LCM), and such magazines manufactured after that date may not be sold or transferred within the state. Existing owners of LCMs may possess such magazines if they declare them with the DESPP before January 1, 2014. Owners of registered LCMs may not load such magazines with more than 10 rounds except when inside the owner's home or on the premises of a licensed shooting range. Even if an individual has a permit to carry a pistol or revolver, they can never carry, other than at a shooting range, a pistol that has an LCM loaded with more than 10 bullets. Unlawfully possessing a Large Capacity Magazine obtained prior to the ban's effective date is an infraction with a $90 fine for the first offense, and a Class D felony (punishable by up to 5 years in prison and/or $5,000 fine) for subsequent offenses. Unlawfully possessing a LCM obtained after the effective date of the ban is a Class D felony.
Owner license required? No No CGS 23-37a(b) No license/permit is required to own any firearm/ammunition in Connecticut, except for grandfathered assault weapons manufactured and obtained between September 13, 1994 and April 4, 2013.
Carry permits issued? Yes Yes CGS 29–28 Shall-Issue, with Limited Discretion. Connecticut's pistol permit law specifies that issuing authorities May-Issue pistol permits to qualified applicants, but the state's courts have generally ruled that permits must be granted on a Shall-Issue basis to applicant's meeting the state's qualifications for a pistol permit, as Connecticut does not require an applicant to "show good cause" for needing a permit. Issuing local authorities have limited discretion to deny a permit when he or she has personal knowledge of the applicant's character that would not otherwise be reflected on a background check. A denial on this basis would have to be justified with supporting evidence showing that the applicant is not of "suitable" character to be granted a pistol permit, but virtually all cases are thrown out if the applicant is not otherwise barred from owning firearms.

Connecticut has a two-step permitting process: a 60-day Temporary permit issued by local authorities and a 5-year regular permit issued by the Department of Emergency Services and Public Protection (DESPP). Issuance of a Temporary permit is technically not a prerequisite to apply for a Regular permit, but in practice an applicant must await a decision from local authorities on the temporary permit application before applying to DESPP for the Regular permit. If the local permit is denied for any reason, instead one files an appeal to DESPP to have the state board re-examine the application. If the state board denies the permit (rare occurrence), a court appeal is possible. Permit needed to carry open or concealed. Exceptions for peace officers and Active-Duty military members. Out of state permits not valid in Connecticut, but non-residents may apply for a Connecticut non-resident carry permit through the mail. Non-resident permits are shall-issue if one has CCW permit from another state. If one does not then the permit is may-issue.

Open Carry? Partial* Yes Connecticut is a Licensed Open Carry state. A Connecticut Permit to Carry Pistols or Revolvers allows the carry of handguns openly or concealed. Despite this, local law enforcement have been known to detain carriers. There have been very few actual arrests and no convictions in recent history as a result of carrying unconcealed however. State law is silent on the open carry of long guns in public either with or without a permit, although some municipalities have enacted ordinances restricting or banning the practice. Various towns and the state police as well have articulated through training memos that open carry is legal and to not harass people who carry openly without some other cause.[17]
Duty to inform? No Yes If questioned by a law enforcement officer, one is required to disclose if a firearm is being carried (openly or concealed). The officer is also allowed to ask for the permit and check to ensure it is valid. If the permit is valid, and no crimes are being committed, the officer is required to return the permit and allow the citizen to continue onward. State law is silent regarding long guns.
Castle Doctrine? Yes* Yes* No duty to retreat if you are in your home or on property owned by yourself. *There is no "stand your ground law" but, courts have granted civil immunity to those with carry permits and used "reasonable force" in the past.
State Preemption of local restrictions? Partial Yes CGS 29–28 State pre-emption of local ordinances not explicitly specified in state law, but established by court precedence. Most municipalities have ordinances restricting or banning the discharge of firearms outside of firing ranges or designated hunting areas during hunting seasons. Some municipalities have restrictions or bans on carrying long guns in public places. The City of New London and the City of New Britain previously had ordinances that forbade open carry of hanguns, which have since been repealed in both cities.
NFA weapons restricted? No* No* CGS 53–202(c) *SBR, SBS, DD, suppressors are legal, provided they also comply with the assault weapons provisions, unless purchased before October 1, 1993. Machine guns are legal if purchased and registered with the state before January 1, 2014. Non-selective fire machine guns may be transferred to another resident within Connecticut.
Peaceable Journey laws? No No CGS 29–38 Federal rules observed.

Delaware

Main article: Gun laws in Delaware
Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine Capacity Restriction? No No
Owner license required? No No
Carry permits issued? Yes Yes 11 Del.C. § 1441 Delaware is a officially "may issue" state for concealed carry, but mostly shall-issue in practice. Permits are generally issued to all applicants not barred from owning a firearm.
Open Carry? Yes Yes Open carry is generally permitted. A 2014 State Supreme Court ruling recognized that Open Carry was a long standing fundamental right, barring local prohibitions in effect prior to July 4, 1985.
State Preemption of local restrictions? Yes* Yes* Complete preemption, except for town Ordinance No. 146 (enacted 6-26-1980), which bans the carry of firearms, openly or concealed in Elsmere's town parks. Also the city of Dover requires the a permit from the police chief or a state concealed permit to open carry. [18]
NFA weapons restricted? Yes Yes Civilian ownership for research purposes only.
Peaceable Journey laws? No No Federal rules observed.

District of Columbia

Subject/Law Long guns Handguns Relevant statutes Notes
Permit to purchase? Yes Yes The firearm registration process also serves as a permitting process.
Firearm registration? Yes Yes All firearms must be registered with the Metropolitan Police Department. A background check, online training, and testing of the gun owner are required.
Assault weapon law? Yes Yes Assault weapons and .50 BMG rifles prohibited.
Magazine Capacity Restriction? Yes Yes Illegal to possess or acquire magazines of more than 10 round capacity.
Owner license required? Yes Yes The firearm registration process also serves as a licensing process.
Carry permits issued? No Yes May-Issue. The District of Columbia enacted a restrictive May-Issue concealed carry licensing law in September 2014, after a federal court struck down the District's long-standing ban on handgun carry as unconstitutional. Under the new law, an applicant must show "good cause," (e.g., a clear and immediate threat on the applicant's life that cannot be mitigated by any means other than issuance of a concealed carry permit) to qualify for a concealed carry permit. On July 26, 2014, DC's ban on open and concealed carry was struck down as unconstitutional.[19] Initially Judge Frederick Scullin, Jr. did not issue a stay of his ruling. For a brief period of time, Judge Scullin's ruling effectively legalized permitless open and concealed carry with a valid firearm registration card, so non-residents with valid carry permits issued by their home states could carry openly or concealed in the District. But on July 29, 2014 Scullin issued an order that retroactively stayed the ruling until October 22, 2014.[20][21]
Open Carry? No No Open carry is currently prohibited. (see notes in Concealed Carry above).
NFA weapons restricted? Yes Yes Automatic firearms prohibited.
Peaceable journey laws? No No Federal law (FOPA) applies.

Florida

Main article: Gun laws in Florida
Subject/Law Long guns Handguns Relevant Statutes Notes
State license to Purchase? No No None
Firearm registration? No No Chapter 790.335 It is a felony under Florida law to create, maintain or publish any list, record or registry of legally owned firearms or law-abiding firearm owners.
Owner license required? No No None
Assault weapon law? No No None
Magazine Capacity Restriction? No No None
Concealed Carry licenses issued? No Yes Chapter 790.06 Allows concealed possession of handguns, electronic weapons or devices, tear gas guns, knives, or billies, but not long guns or machine guns per Chapter 790.06(1). Concealed carry only; no open carry of firearms allowed, even with license, except when hunting, fishing, camping, or while practice shooting and while traveling to and from those activities.
Open Carry? No No Chapter 790.053, Open carry of firearms is generally banned except open or concealed carry is allowed for without a license under 790.25 for certain protected places and activities. Exceptions include in the home, place of work, hunting, fishing, camping, gun shows, or while practice shooting and while traveling to and from those activities.
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.
Duty to inform? No No None Florida law does not require one to disclose one's possession of a firearm on contact with Law Enforcement.

Georgia

Main article: Gun laws in 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
Magazine Capacity Restriction? No No None
Owner license required? No No None
Carry permits issued? Yes Yes[22] O.C.G.A § 16-11-129 Concealed or open carry allowed with permit. See also O.C.G.A § 43–38–10 which is a special permit for armed security guards.
Open Carry? Yes Restricted O.C.G.A § 16-11-126 Open carry of handguns prohibited without a valid license issued under O.C.G.A § 16-11-129.
State Preemption of local restrictions? Yes Yes O.C.G.A § 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 Restricted O.C.G.A § 16-11-126 A person may not carry a handgun openly in Georgia without having a valid Georgia Weapons Carry License (GWCL) unless he or she meets one of the exceptions under O.C.G.A. § 16-11-126(a)-(g). Openly carrying a handgun without a GWCL in one's home, motor vehicle, or place of business is covered by the exception in section 16-11-126(a).

Hawaii

Main article: Gun laws in Hawaii
Subject/Law Long guns Handguns Relevant Statutes Notes
State permit to purchase? Yes Yes
Firearm registration? Yes Yes HRS 0134-0002 Must be registered with county police chief within 5 days of purchase.
Assault weapon law? No Yes Law bans assault pistols with two or more banned features. Does not apply to rifles or shotguns with a barrel length greater than 16 inches
Magazine capacity restriction? No Yes HRS134-11(3) Handgun magazines with a capacity of more than 10 rounds are prohibited. Members of organizations are exempt from the 10-round magazine at places of target shooting.
Owner license required? Yes Yes
Carry permits issued? No Yes HRS 0134-0009 May-Issue by statute, but No-Issue in practice. The chief of police may grant a permit "in an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property". In practice, Hawaii is "No-Issue," as issuing authorities rarely or never approve applications for permits. In March 2014, the 9th Circuit US Court of Appeals has ruled Hawaii's restrictive concealed carry policy unconstitutional, but the court has allowed the law to remain in effect while the State of Hawaii appeals the ruling.
Open carry? No Yes By law, Hawaii is a Licensed Open Carry State, but since licenses are rarely issued, the state is Non-Permissive for open carry in practice. The chief of police may grant a permit "Where the urgency or the need has been sufficiently indicated" provided that the person is "is engaged in the protection of life and property". In practice, Hawaii is "No-Issue," as issuing authorities rarely or never approve applications for permits.
State preemption of local restrictions? Yes Yes Municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, State law.
NFA weapons restricted? Yes Yes Machine guns, short barreled rifles, short barreled shotguns, and silencers/suppressors are prohibited from the average citizen. Certain Destructive Devices and AOW's are allowed with proper tax stamp and NFA paperwork from the ATF
Peaceable journey laws? No No None Federal laws observed.

Idaho

Main article: Gun laws in Idaho
Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine Capacity Restriction? No No
Owner license required? No No
Concealed Carry permits issued? No Yes Idaho 18-3302 License needed to carry concealed, may carry openly in a vehicle or on foot. May carry concealed when outside the confines of a city or city limits, and not inside a vehicle while engaged in a lawful outdoor activity.[2]
Open Carry? Yes Yes May carry openly without permit/license.
State Preemption of local restrictions? Yes Yes Cities May regulate the discharge of firearms within their confines or limits.
NFA weapons restricted? No No Permitted as long as such possession is in compliance with all federal regulations
Peaceable Journey laws? No No Federal rules observed.

Illinois

Main article: Gun laws in Illinois
Subject/Law Long Guns Handguns Relevant Statutes Notes
State permit to purchase? Yes Yes 430 ILCS 65 FOID required.
Owner license required? Yes Yes 430 ILCS 65 FOID required.
Firearm registration? No No
Carry permits issued? No Yes Public Act 098-0063: Firearm Concealed Carry Act Shall-issue with limited discretion.[23] Concealed carry permits are issued by the state police. Permits issued by other states are not recognized, but nonresidents from states with "substantially similar" licensing requirements can apply for an Illinois nonresident permit. Non-residents may carry in a vehicle if they are in possession of a permit from their home state.
Open carry? No No
State preemption of local restrictions? Partial Partial Public Act 098-0063: Firearm Concealed Carry Act Preemption for the regulation of handguns, and for the transportation of firearms. Preemption for laws regulating assault weapons, unless enacted before July 20, 2013.
Assault weapon law? No No Cook Co. Code of Ord. §54-211
Chi. Mun. Code §8-20-170
Cook County and the city of Chicago have separately banned the possession of assault weapons, as have several Chicago suburbs.
Magazine capacity restriction? No No Some local governments have magazine capacity limits for both pistols and long guns, including Chicago (15 rounds), Oak Park (10 rounds), Aurora (15 rounds), and Cook County (10 rounds).
NFA weapons restricted? Yes Yes 720 ILCS 5/24
720 ILCS 5/24-2
Automatic firearms, short-barreled shotguns, and suppressors prohibited. Short-barreled rifles allowed only for Curios and Relics license holders or members of a bona fide military reenactment group. AOW (Any Other Weapon) and large-bore DD (Destructive Device) allowed with proper approval and tax stamp from ATF.
Peaceable journey laws? Yes Yes Public Act 098-0063: Firearm Concealed Carry Act Illinois has state preemption for the transportation of any firearm and ammunition. Non-Illinois residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of their own state. Non-residents who are permitted to possess a firearm in their own state are not required to have a FOID card.

Indiana

Main article: Gun laws in Indiana
Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to carry a gun No Yes IC 35-47-2-3
Firearm registration? No No None
Assault weapon law? No No None
Magazine Capacity Restriction? No No None
Owner license required? No No None
Concealed Carry license issued? No Yes IC 35-47-2-3 Shall-Issue. Officially "License to Carry Handgun"
Open Carry? Yes Yes IC 35-47-2-3 May carry openly with license. According to the state's official website, "carrying an exposed firearm in public may be alarming to some people and create unnecessary and unwanted attention to yourself."[24] Some gun rights advocates support the practice of open carry.[25]
State Preemption of local restrictions? Yes Yes IC 35-47-11.1-2 Enacted in 2011
NFA weapons restricted? Yes No IC 35-47-5-10 Federal laws observed, with the exception that short barreled shotguns are not permitted.
Peaceable Journey laws? No No None Federal rules observed.
Castle Doctrine law? Yes Yes IC 35-41-3-2 No duty to retreat from dwelling, curtilage, or occupied motor vehicle.
Duty to inform? No No IC 35-47-2-24 Indiana law does not require one to disclose possession of a firearm on contact with Law Enforcement.

Iowa

Main article: Gun laws in Iowa
Subject/Law Long guns Handguns Relevant Statutes Notes
State Preemption of local restrictions? Yes Yes 724.28 A political subdivision of the state shall not enact an ordinance regulating the ownership, possession, legal transfer, lawful transportation, registration, or licensing of firearms when the ownership, possession, transfer, or transportation is otherwise lawful under the laws of this state
Permit to Purchase? No Yes 724.15 Permit To Carry may be used in lieu of Permit to Acquire when purchasing a handgun
Permit to Carry? N/A Yes 724.4 Iowa is a "shall issue" state. An Iowa carry permit is technically a "Permit To Carry Weapons", and is not limited to firearms. It allows people in Iowa to open or conceal carry any kind of weapon, so long as that weapon is not otherwise illegal to own in Iowa. However, based on the current wording of the statue, state preemption only applies to firearms. As such, residents are advised to be aware of local ordinances that might restrict the possession of knives, swords, or other types of weapons that are not firearms.
Open Carry? Yes Yes 724.7 Iowa issues a "Permit to Carry Weapons" that is necessary to carry a firearm. Firearms may be carried open or concealed. Concealed carry is more typical in Iowa, but open carry is not uncommon.
Castle Doctrine No (see Notes) 704

707.6

Civil immunity for use of "reasonable force" in self defense
Firearm registration? No No
Assault weapon law? No No
Magazine Capacity Restriction? No No
Owner license required? No No
NFA weapons restricted? Yes 724.1 Nearly complete prohibition

Kansas

Main article: Gun laws in Kansas
Subject/Law Long Guns Handguns Relevant Statutes Notes
State permit to purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine Capacity Restriction? No No
Owner license required? No No
Carry permits issued? No Yes Kansas Chapter 75 Article 7c May carry concealed without permit July 1, 2015, though permits can be issued for those who wish to have them.
Open Carry? Yes Yes May carry openly without permit/license.
NFA weapons restricted? No No
Peaceable journey laws? No No Federal rules observed.

Kentucky

Main article: Gun laws in Kentucky
Subject/Law Long Guns Handguns Relevant Statutes Notes
State permit to purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine Capacity Restriction? No No
Owner license required? No No
Concealed Carry permits issued? No Yes KRS § 237.110
Open Carry? Yes Yes May carry openly without permit/license.
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

Main article: Gun laws in Louisiana
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes LRS 40:1379.3 Louisiana is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes Open carry is generally permitted without a license, but may be restricted by local governments with laws in place before July 15, 1985.
State preemption of local restrictions? Yes Yes Local restrictions in place before July 15, 1985 are grandfathered in. Parishes may regulate hunting and the shooting of firearms.
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No Automatic firearms, short-barreled shotguns (Sawed-off shotguns), short-barreled rifles, or silencers may not be possessed or transferred without permission of the Department of Public Safety, and must be registered with the Department. REPEALED. Duplicate and redundant forms no longer needed. Signed by Governor and became Louisiana law on 6/18/13 (HB 277, Act 398 by Governor)

Maine

Main article: Gun laws in Maine
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes 25 MRS §2006(2) Maine is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes Open carry is generally permitted. Open carry in a vehicle is permitted only with a concealed carry license.
State preemption of local restrictions? Yes Yes Local governments may restrict the discharge of firearms.
Assault weapon law? No No
Magazine Capacity Restriction? No* No 12 MRS §11214 *Some requirements if a semi-automatic firearm is used for hunting
NFA weapons restricted? No No

Maryland

Main article: Gun laws in Maryland
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No Yes Md Public Safety Article Section 5-117.1[26] A Handgun Qualification License is required, unless exempted (Active Duty/Retired Military with identification cards, Active/Retired Law Enforcement with department credentials); training is required, unless exempted; fingerprints are required; background checks are required; does not invalidate the requirement to perform a comprehensive background check for every handgun purchase transaction.[26]
Firearm registration? No Yes The state police maintain a permanent record of all handgun transfers. Automatic weapons must be registered with the state police.
Owner license required? No Yes
Carry permits issued? No Yes Maryland is a "may issue" state for concealed carry. Applicants must demonstrate a "good and substantial reason" to carry a handgun. Permits are normally very difficult to obtain.
Open carry permitted? Yes No Open carry is technically permitted with a concealed carry license, but is not generally practiced except by uniformed private security officers. Long guns may be carried openly.
State preemption of local restrictions? Yes Yes Maryland has state preemption for most but not all firearm laws.
"Assault weapon" law? Yes Yes Md Criminal Law Article Section 4-303 Certain models of firearms are banned as assault pistols and assault long guns. It is illegal to possess an assault weapon or a copycat weapon with two or more specified features (folding stock, grenade/flare launcher, flash suppressor) unless owned before 10/1/2013, or received through inheritance from a lawful possessor and not otherwise forbidden to possess .[26]
Magazine Capacity Restriction? Yes Yes Illegal to purchase, sell or manufacture magazines with a capacity of greater than 10 rounds within Maryland. However, possession of magazines greater than 10 rounds is legal if purchased out of state. These may not, however, be transferred to a subsequent owner.
NFA weapons restricted? No* No* *Automatic firearms, SBSs, and SBRs must be owned in compliance with federal law. Law is silent in regards to DDs, silencers, and AOWs.

Massachusetts

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? Yes Yes Firearm Identification (FID) or license to carry required.
Firearm registration? No* No* Registration is not specifically required by law, however transfers of firearm ownership are required to be recorded with the Massachusetts Executive Office of Public Safety and Security (EOPSS) by the seller if in state or by the buyer if out of state. The Massachusetts EOPSS provides the option to register a firearm as well, although other than obtaining a firearm from out of state (a transfer of ownership), this is not required by law.
Owner license required? Yes Yes Firearm Identification (FID) or license to carry required.
Carry permits issued? No Yes MA Ch. 140 Sec. 131 Massachusetts is a "may issue" state for concealed carry; the issuing authority is the local police chief for most jurisdictions. There are several different types of concealed carry licenses. CCW issuance varies within the state. Counties closer to large cities (like Boston) are de facto no-issue, whereas more rural (and some suburban) counties have shall/reasonable issuance policies . Restrictions can be put on any type of permit however, such as only while target shooting and hunting. Permits are valid state wide as long as you are carrying in the manner you are allowed to.
Open carry permitted? No Yes Open carry is legal in some areas with a concealed carry license.
State preemption of local restrictions? No No There is limited preemption for some laws.
Assault weapon law? Yes Yes A two point "banned features" system is what defines an assault weapon. These assault weapons are prohibited unless lawfully owned on or prior to September 13, 1994. Firearms that do not have two or more "banned features" are legal to purchase with an LTC-A, LTC-B or in some cases a standard FID so long as magazine restrictions are followed to what your license allows.
Magazine Capacity Restriction? Yes Yes Illegal to possess magazines of over 10 rounds capacity unless manufactured prior to 09/13/1994, and one has an LTC-A.
NFA weapons restricted? Yes Yes The possession of automatic firearms is only allowed with a permit, which is rarely granted . Silencers are restricted only for law enforcement. Some destructive devices are banned at the state level, while others are banned at a local level. DD's can be completely illegal or legal depending on what county you live in. SBR's, SBS's, and AOW's are allowed with proper approval from the ATF, provided they comply with the current assault weapon law and local restrictions.

Michigan

Main article: Gun laws in Michigan
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No Yes MCL 28.422 *Permit required for purchase from an individual if purchaser does not have a CPL or the transaction is not processed through an FFL dealer.
Firearm registration? No Yes MCL 28.422 Handguns must be registered with the city chief of police or county sheriff.
Owner license required? No No
Carry permits issued? No Yes MCL 28.452b Michigan is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes Open carry is generally permitted.[27] Open carry in a vehicle is permitted only with a concealed carry license.
State preemption of local restrictions? Yes Yes MCL 123.1102 City or Charter Township may restrict the discharge of firearms (see MCL 123.1104).
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? Yes No Short barreled shotguns, short barreled rifles, automatic weapons, AOW's, and silencers/suppressors are allowed if in compliance with federal law.

Minnesota

Main article: Gun laws in Minnesota
Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No Yes §624.7131 Permit to purchase required to transfer/purchase "military-style assault weapons" and handguns through FFL dealers. A permit to carry also acts as a permit to purchase for Minnesota residents. Traditional rifles and shotguns may be purchased without a permit. There are private seller regulations in Minnesota. Please read here: https://www.revisor.mn.gov/statutes/?id=624.7132#stat.624.7132 . A private seller is guilty of a gross misdemeanor if a private transfer is made to a prohibited person who then uses or possesses the firearm during the commission of a felony crime of violence within one year of the transfer. Minn. Stat. https://www.revisor.mn.gov/statutes/?id=624.7132#stat.624.7132

§§ 609.66, subd. 1f (https://www.revisor.mn.gov/statutes/?id=609.66#stat.609.66.1f) and 624.7132, subd. 12(1)(https://www.revisor.mn.gov/statutes/?id=624.7132#stat.624.7132.12).

Firearm registration? No No
Assault weapon law? No No §624.7131 Persons under the age of 21 prohibited from purchasing handguns. Persons 18 and older may purchase assault weapons with a permit to purchase (or permit to carry for persons 21 and older).
Magazine Capacity Restriction? No No
Owner license required? No No
Carry permits issued? No Yes §624.714 Shall Issue. Minnesota Permit to Carry a Pistol required to carry handguns. Concealment is permitted but not required, but only handguns may be carried concealed.
Open Carry? Yes Yes §624.7181 May carry openly with permit to carry.
State Preemption of local restrictions? Yes Yes §471.633 Municipalities may regulate the discharge of firearms within their borders.
NFA weapons restricted? Yes Yes §609.67 Machine guns and short-barreled shotguns, unless designated Curios & Relics, are prohibited in most cases. Sound suppressors and some destructive devices are prohibited in most cases.
Peaceable Journey laws? No No Federal rules observed.

Mississippi

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 MS Code Sections 95-3-1, 45-9-101, 97-37-7, House Bill 506 of the 2011 Mississippi Legislature The Mississippi Department of Public Safety shall issue a license to carry a concealed pistol or revolver to a qualified applicant within 45 days. The license is valid for five years. Concealed carry is not allowed in a school, courthouse, police station, detention facility, government meeting place, polling place, establishment primarily devoted to dispensing alcoholic beverages, athletic event, parade or demonstration for which a permit is required, passenger terminal of an airport, "place of nuisance" as defined in Mississippi Code section 95–3–1, or a location where a sign is posted and clearly visible from at least ten feet away saying that the "carrying of a pistol or revolver is prohibited". With an enhanced carry permit per Mississippi Code section 97-37-7(2) as amended by House Bill 506 of the 2011 Regular Session,[28] the prohibited locations to carry concealed are as follows: any police, sheriff or highway patrol station; any detention facility, prison or jail; courtrooms during a judicial proceeding; any "place of nuisance"; and (not listed in the Mississippi statutes, but still relevant) any place where the carrying of firearms is prohibited by federal law. A license to carry a pistol or revolver is not required for open carry. A license is not required for transporting a concealed or visible firearm in a vehicle.
Open Carry? Yes Yes House Bill 2 of the 2013 Mississippi Legislature The "HB2" Unlicensed Open Carry Law went into effect July 1, 2013. An injunction, declaring the definition of "concealed handgun" unconstitutionally vague, was initially put in place by a Circuit Court Judge in Jackson, MS. The injunction was vacated August 29th, 2013 by the Mississippi Supreme Court.[29]
State Preemption of local restrictions? Yes Yes No county or municipality may adopt any ordinance that restricts or requires the possession, transportation, sale, transfer or ownership of firearms or ammunition or their components. However, local governments may regulate the discharge of firearms, the carrying of firearms at a public park or public meeting, or the use of firearms in cases of insurrection, riots and natural disasters.
NFA weapons restricted? No No Permitted as long such possession is in compliance with all federal regulations
Peaceable Journey laws?

Missouri

Main article: Gun laws in Missouri
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes Missouri is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes Open carry is permitted as of October 11, 2014 with a valid CCW state wide. Overrides local laws against Open Carry .
State preemption of local restrictions? Yes Yes No local governments may regulate open carry if the carrier has a valid CCW, but can regulate the discharge of firearms ( except in self defense ).
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No
Peaceable journey law? Yes Yes

Montana

Main article: Gun laws in Montana
Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine Capacity Restriction? No No
Owner license required? No No
Concealed Carry permits issued? No Yes Montana 45-8-321 Montana is a "shall issue" state. Concealed carry without a permit is generally allowed outside city, town, or logging camp limits.
Open Carry? Yes Yes May carry openly without permit/license.
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 incompetent.
NFA weapons restricted? No No Permitted as long such possession is in compliance with all federal regulations.
Peaceable Journey laws? Yes Yes

Nebraska

Main article: Gun laws in Nebraska
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No Yes A handgun certificate or a concealed carry permit is required for the purchase of a handgun.
Firearm registration? No No The city of Omaha requires the registration of all handguns.
Owner license required? No No
Carry permits issued? No Yes Nebraska is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes Open carry is generally permitted, but may be restricted by local governments. For open carry in a vehicle, the firearm must be clearly visible.
State preemption of local restrictions? Yes Yes Nebraska has state preemption for most but not all firearm laws.
Assault weapon law? No No
NFA weapons restricted? No No

Nevada

Main article: Gun laws in Nevada
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No Clark county (excluding Boulder City) requires the registration of handguns.[30]
Owner license required? No No
Concealed Carry permits issued? No Yes NRS 202§3657 - Application and PermittingNRS 202§360 - Prohibited Persons Nevada is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes NV Constitution Article 1 Section 11NRS 503§165 - Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions. Open carry is generally permitted throughout the state. For open carry in a vehicle, the firearm must be clearly visible if upon the person, however in Clark County is subject to possible unlawful arrest and litigation.[31][32]
State preemption of local restrictions? Yes Yes NRS 244§364 - County of 700,000 or moreNRS 268§418 - City of 700,000 or moreNRS 269§222 - Town of 700,000 or more Local authorities may regulate the discharge of firearms. Handgun registration in Clark County is grandfathered in.
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No NRS 202§275  Possession, manufacture or disposition of short-barreled rifle or short-barreled shotgunNRS 202§350  Manufacture, importation, possession or use of dangerous weapon or silencer18 USC §922(b)4 - Unlawful Transfer27 CFR §478.98 - Sales or deliveries of destructive devices and certain firearms. Possession and ownership of an SBR, SBS, machine gun (selective-fire weapon), or silencer, all NFA items, are subject to federal purview and regulation.[33][34]

New Hampshire

Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No No NHRS XII §159:14
Firearm registration? No No
Assault weapon law? No No
Magazine Capacity Restriction? No No
Owner license required? No No
Carry License issued? No Yes NHRS XII §159:6 License is shall-issue.
Open carry? Yes Yes NHRS XII §159:6
NHRS XVIII §207:7
Handgun open carry without license except in a motor vehicle. Loaded long guns prohibited from motor vehicles.
State Preemption of local restrictions? Yes Yes NHRS XII §159:26 Includes knives.
NFA weapons restricted? No No
Peaceable Journey laws? No No

New Jersey

Subject/Law Long guns Handguns Relevant statutes Notes
State permit to Purchase? Yes Yes A lifetime purchaser identification card is required for purchase of rifles and shotguns, as well as for purchases of handgun ammunition. A permit to purchase a handgun, valid for 90 days is required for each handgun purchase. Only one handgun can be purchased within a 30 day period.
Firearm registration? No Yes* The NJ State Police Firearms Investigation Unit (NJSP FIU) maintains a record of all handgun transfers, except for inherited firearms willed to the transferee, or firearms brought to the state by new residents moving to the state. Firearm registration is voluntary, but since handgun purchase permits are also a form of register, there is de facto mandatory handgun registration for handguns purchased in-state. Purchases by NJ residents must either be from a licensed dealer in NJ or a private individual who is a resident of NJ. In both dealer purchases and private sales, a copy of the purchase permit is sent to the NJSP FIU. A NICS background check at the point of sale is only required for purchases from dealers.
Owner license required? No No No license is required to own any firearm in New Jersey, except an assault firearm or NFA firearm.
Carry permits issued? No Yes N.J. Admin. Code § 13:54 New Jersey calls its permit a "permit to carry a handgun" and is a "may-issue" state for firearm carry, either openly or concealed. Permit applicants must "specify in detail the urgent necessity for self-protection, as evidenced by specific threats or previous attacks which demonstrate a special danger to the applicant's life that cannot be avoided by means other than by issuance of a permit to carry a handgun." As a result of this tough standard, New Jersey is effectively a "no issue" state unless one is a retired law enforcement officer. Armed security officers and armored car drivers typically get restricted permits limited to carry while on duty only. A letter of need from the security company is required.
Open carry? No Yes Open carry is allowed only with a permit to carry a handgun and is generally not practiced except by security officers and others who carry firearms on duty.
State preemption of local restrictions? No No There is limited state preemption for some firearm laws.
Assault weapon law? Yes Yes N.J.S.A. Title 2C:39-1 New Jersey prohibits the possession of certain named firearms or "substantially identical" firearms deemed to be assault firearms, including possession of parts from which an assault firearm may be readily assembled. Firearms classed as assault firearms but acquired before May 1, 1990 and registered with the state are legal to possess. Police officers may possess assault weapons for duty purposes and may possess personal assault weapons with recommendation by their agency.
Magazine Capacity Restriction? Yes Yes N.J.S.A. Title 2C:39-1y Magazines are limited to 15 rounds for semi-automatic firearms and 6 rounds for semi-automatic shotguns. [35] Police officers may possess "standard capacity magazines" for duty purposes and may possess personal "standard capacity magazines" with recommendation by their agency.
NFA weapons restricted? Yes Yes Possession of automatic firearms, suppressors and silencers and other NFA items is prohibited without a state license, which is generally not granted.

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
Magazine Capacity Restriction? 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 on foot. 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. Unlawfully carrying a concealed firearm is a petty misdemeanor that is punishable by up to 6 months in a county jail and/or a fine of up to $500. Except for active-duty military members permanently stationed in the state, New Mexico does not issue CHLs to non-residents.
Open carry permitted? Yes Yes
Concealed Carry on College Campuses? No No Firearms may be stored in a locked vehicle while parked on campus, but may not be carried.
NFA weapons restricted? No No
State pre-emption of local ordinances? Yes* Yes* As stated in Article 2, Section 6 of the New Mexico Constitution. *Tribal laws on Native American reservations not pre-empted. Additionally, some local jurisdictions have enacted ordinances restricting or banning the discharge of firearms within their boundaries.
Castle Doctrine law? No* No* There is no law that specifically address Castle Doctrine or Stand your Ground in New Mexico. However, Castle Doctrine has been established on a limited basis by a 1946 New Mexico Supreme Court ruling, which states that when a person reasonably feels "threatened with an attack need not retreat. In the exercise of his right of self defense, he may stand his ground and defend himself."[36] Currently, the courts have limited the scope of Castle Doctrine/Stand Your Ground to self-defense situations occurring inside the defender's home, and neither law nor court precedence provides the defender immunity from lawsuits by the aggressor 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. Violating these "gun-free" establishments is a 4th-degree felony punishable by up to 18 months imprisonment and/or a fine of up to $5,000.
Peaceable journey laws? No No Federal rules observed. Federal law pre-empts Native American reservation laws

New York

Main article: Gun laws in New York
Subject/Law Long guns Handguns Relevant statutes Notes
State Permit to Purchase? No Yes S 265.20, S 265.01 No NYS permit is required for long guns. NYC residents must apply for and receive a rifle/shotgun permit from the NYC police department, must register every long gun purchased with said permit with the NYC police department and purchases are limited to one long gun per ninety day period. Handguns require a permit. Permits are issued by County or State Supreme Court judges/justices outside of New York City, Nassau and Suffolk Counties, with a background check. Permits for those wanting to carry concealed are issued on a "may issue" basis, whereas permits to merely purchase and possess handguns in the home are issued on a "shall issue" basis. There is an application fee for each Permit, as well as an amendment fee for each handgun added to the permit.
Firearm registration? No Yes S 700.00, S 265.01 No registration for long guns. All handguns must be registered under a license. There is a $3 registration fee. Handguns are registered with purchase permit. The serial number and sale is noted down. It is illegal to possess any un-registered firearm. Antique weapons are exempted from this. All handguns must travel in the manner one's license is issued. No record is needed of previously owned handguns with law enforcement. *All rifles classified as assault weapons must be registered with the state by January 15, 2014.
Owner license required? No Yes S 265.20, S 265.01 No license is required for long guns. New York State has a handgun ban in place. Exceptions are to those who own a license. They are normally restricted to three types, residence or business premises permit (must issue generally), Target & Hunting and Unrestricted Carry. Target and hunting allows carry while engaged in those activities. Unrestricted allows carry at anytime. All permits issued outside of New York City are not valid in New York City, EXCEPT for retired police and federal law enforcement officers with that status marked on their permit, and for armored car guards on duty. The minimum age to be issued a handgun license is 21 unless you are a former or current member of the armed forces or law enforcement.
Carry permits issued? No Yes S 265.20, S 265.01 New York issues CCWs on a "may issue" basis. CCW Issuance is different by county. Generally it is harder to obtain a permit in counties closer to large New York cities. Most Counties that aren't a part of downstate New York have shall/reasonable issuance policies, but may administratively restrict where you can carry your weapon (such as only for target shooting or hunting). It is not a crime to carry a weapon under a Target or Hunting permit for other purposes, but if caught or reported the permit will likely be revoked. Concealed carry without any kind of permit must be charged as a felony unless the weapon is unloaded and no ammunition for it is in possession of the person carrying. All permits are effective throughout the state, except in the city of New York, unless validated by the police commissioner of that city, NY Penal Code 400 (6).
Assault weapon law? Yes Yes S 265.00, S 265.02 Possession of assault weapons is prohibited, except for those legally possessed on January 15, 2013 and registered with the state by January 15, 2014. New York City, Buffalo, Albany, and Rochester have enacted their own assault weapon bans. Law enforcement and retired law enforcement are exempt from the assault weapons ban.
Magazine Capacity Restriction? Yes Yes § 265.02 Magazine size limited to 10 rounds. Law enforcement and retired law enforcement are exempt from the 10 round limit. Under the NY SAFE Act (Signed on the 15th of January, 2013 by Gov. Andrew Cuomo)the magazine law was changed. A legal provision that mandated no more than 7 rounds that may be loaded into the magazine was stuck down by a federal judge on December 31, 2013.
Title II (National Firearms Act) weapons restricted? Yes Yes S 265.02, S 265.02 Ownership of machine guns, suppressors, short-barreled rifles, and short-barreled shotguns are prohibited to the average citizen. Destructive devices are permitted except for rockets with greater than 3 ounces of propellant, which are prohibited.
Open Carry? No* No* S 265.35, S 265.01 *However some counties (such as Delaware County) will issue permits to open carry, but not concealed carry. Licensed handgun owners have been known to open carry in that county
Castle Doctrine Law? Yes* Yes* § 35.20 *New York has a castle doctrine law. It allows for the "use of (non-lethal) physical force in defense of premises and in defense of a person in the course of burglary." Lethal force is governed under §35.15.
State Preemption of local restrictions? No No None New York preempts only handgun licensing.[37] Places such as Buffalo, Rochester, Albany, and most notably New York City have put in more restrictive gun laws, such as licensing of long guns and 5-round magazine limits.
Peaceable Journey laws? Yes Yes S 265.10 With certain restrictions (see below), most notably magazines are not exempt. Some law enforcement agencies (notably the New York State Police) do not recognize the federal Firearm Owners Protection Act, and may detain or arrest non-residents transporting firearms through New York in accordance with FOPA. Individuals in such situations would then have to use FOPA as an affirmative defense to firearms-related charges in court.

North Carolina

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No Yes For handguns, a Pistol Purchase Permit (issued by the sheriff in the county of one's residence) or a North Carolina issued Concealed Handgun Permit is required. Presenting either of these exempts the buyer from the on-the-spot NICS background check.
Firearm registration? No No Durham County formerly required registration of handguns. This was repealed on June 18, 2014. State law now makes it unlawful for any government entity within the state to maintain a firearms registry.
Owner license required? No No
Carry permits issued? No Yes North Carolina is a "shall issue" state for Concealed Handgun Permits.
Open carry permitted? Yes Yes Open carry is not specifically limited by State law, but some local governments may have ordinances against openly carried weapons. Whether these local ordinances violate the State's firearm preemption laws has not been tested in North Carolina's courts.
State preemption of local restrictions? Yes Yes North Carolina has state preemption for most firearm laws.
Assault weapon law? No No
NFA weapons restricted? Yes Yes A permit to possess an automatic firearm may be issued at the discretion of the county sheriff. All other NFA weapons (Title II weapons) and silencers/suppressors are allowed, as long as federal rules are followed

North Dakota

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes North Dakota is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes Open carry of long guns is generally permitted. Open carry of a loaded handgun is permitted only by individuals with a valid concealed weapons license. Non permit holders may carry one hour before sunrise till one hour after sunset provided the firearm is unloaded and in plain sight.
State preemption of local restrictions? Yes Yes
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No NFA-compliant automatic firearms must be registered with the county sheriff and the state Bureau of Criminal Investigation.

Ohio

Main article: Gun laws in Ohio
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 HB 234
Owner license required? No No None
Carry permits issued? No Yes HB 234 Shall Issue – 8 hour training required.

2 hours of range time are required and are included in the overall time requirements.

Open carry? Yes Yes O.R.C. 2923.16

O.R.C. 2923.121

Traditional open carry state. Restrictions in motor vehicle and licensed liquor establishments.
State Preemption of local restrictions? Yes Yes O.R.C. 9.68 Full preemption, affirmed by City of Cleveland v. State of Ohio
NFA weapons restricted? No No

HB 234

As of March 23, 2015, a chief law enforcement officer shall be required to sign off on an NFA application absent a legitimate reason for denial, thereby removing any personal bias toward NFA-related items.
Peaceable Journey laws? No No None Federal rules observed.
Duty to Inform? No Yes Any concealed handgun licensee must inform a law enforcement officer immediately upon contact if they are in possession of a loaded handgun. If the licensee is an occupant of a vehicle and there is a loaded handgun in the car, the licensee must also inform the law enforcement officer.

Oklahoma

Main article: Gun laws in Oklahoma
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
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, §21-1290.5 Concealed carry of loaded handguns permitted; open carry became lawful with permit as of November 1st, 2012. Unlicensed public carry of unloaded handguns and long arms by persons eligible to possess firearms is allowed under some circumstances.
Open carry permitted? No Yes §21-1290 Open carry is permitted with a handgun carry license.[38]
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

Main article: Gun laws in Oregon
Subject/Law Long guns Handguns Relevant statutes Notes
State permit to purchase? No No
Firearm registration? No No The Oregon State Police may maintain a record of firearms sales from Federal Firearm Licensees for a period up to seven years.
Assault Weapon law? No No
Owner license required? No No
Carry permits issued? Yes Yes ORS 166.291 Oregon is a "shall-issue" state for residents. Technically sheriffs "may issue" licenses to non-residents of contiguous states however, in practice most county sheriffs either adopt very restrictive criteria for issuance to non-residents or simply refuse to issue licenses. Firearm carry is prohibited by ORS 166.250, however this law does not apply to Concealed Handgun Permit holders (see ORS 166.260).
Open carry? Yes Yes Open carry of firearms is legal, but for those who do not have a concealed handgun license, cities and counties may regulate the open carry of loaded firearms in public places. Localities that prohibit non-licensed open carry of loaded firearms in public places include: Astoria, Beaverton, Independence, Newport, Oregon City, Portland, Salem, Tigard, and Multnomah County.
State preemption of local restrictions? Yes Yes Local regulations do not apply to licensed open carry.
NFA weapons restricted? No No Allowed as long as such items including machine gun lower receivers/ automatics sears, short barreled rifles, short barreled shotguns, and suppressors are in compliance with federal law and registered to the NFA.
Peaceable journey laws? Yes Yes

Pennsylvania

Subject/Law Long guns Handguns Relevant statutes Notes
Constitutional Right to Bear Arms Yes The right of the citizens to bear arms in defence of themselves and the State shall not be questioned. Art. 1, § 21 (enacted 1790, art. IX, § 21).
State permit to purchase? No No
Firearm registration? No No (18 Pa.C.S. § 6111.4) Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term "firearm" shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
Assault weapon law? No No
Owner license required? No No
Carry permits issued? Yes* Yes 18 Pa.C.S. § 6109 License to Carry Firearms issued on a "shall-issue" basis. *A LTCF normally doesn't affect rifles and shotguns, however a LTCF is required to carry a rifle or shotgun within a City of the First Class (Philadelphia is the only one) and during a declared state of emergency.
Open carry? Yes Yes Unlicensed open-carry everywhere except Philadelphia or in/on a vehicle.
Castle Law/Stand Your Ground? Yes Yes Castle Law. No duty to retreat inside castle. No duty to retreat outside castle if confronted with a deadly weapon.
State preemption of local restrictions? Yes Yes 18 Pa.C.S. § 6120
NFA weapons restricted? No No
Peaceable Journey laws? Yes Yes Non-residents may carry in a vehicle if in possession of a valid carry permit from any state. Otherwise, federal rules observed.

Rhode Island

Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No Yes RI Gen. Stat. 11–47–35 All purchasers of handguns 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. Exempt are active duty military members, law enforcement officers, and retired law enforcement officers.
Firearm registration? No No RI Gen. Stat. 11–47–41
Assault weapon law? No No None
Owner license required? No No None
Carry permits issued? No Yes RI Gen. Stat. 11–47–11
RI Gen. Stat. 11–47–18
Rhode Island is a hybrid "shall issue" and "may issue" state for carry. Licenses may be granted either by local authorities or by the state's attorney general's office. Licenses granted by local authorities are "shall issue" while those issued by the attorney general's officer are "may issue" under state law. However, most local authorities defer to the attorney general which effectively blocks most issuance, unless one is a retired LEO.
Open carry permitted? Yes Yes RI Gen. Stat. 11–47–18 Open carry of handguns is permitted for only those with a carry permit issued by the attorney general. Open carry not permitted for those who's handgun carry permits were issued by local authorities. Long gun open carry with or without a permit is not prohibited by law.
State Preemption of local restrictions? Yes Yes RI Gen. Stat. 11–47–58
Castle Doctrine Law? Yes Yes No duty to retreat if you are in your home
NFA weapons restricted? Yes Yes RI Gen. Stat. 11–47–8
RI Gen. Stat. 11–47–20
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 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. The Firearms owners protection act preempts this however, and the only known weapons that are illegal are NFA weapons.

South Carolina

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes SC Code 23-31-210 South Carolina is a "shall issue" state for concealed carry.
Open carry permitted? No No
State preemption of local restrictions? Yes Yes
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No SC Code 16-23-210 through 16-23-250 Permitted if registered in accordance with federal laws. State law makes possession, storage, and transfer illegal but then grants an exception for "any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization".

South Dakota

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes SD 23-7-7 South Dakota is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes Open carry is generally permitted. For open carry in a vehicle, the firearm must be clearly visible.
State preemption of local restrictions? Yes Yes
Assault weapon law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No

Tennessee

Main article: Gun laws in 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
Magazine capacity restriction? No No
Owner license required? No No None No
Carry permits issued? No* Yes T.C.A. § 39-17-1351[39] Permits are "shall-issue". Concealed or open carry of a handgun is allowed with permit. *Loaded long gun carry in public is generally illegal, with exceptions for activities such as hunting in approved areas.

As of July 1st 2014, due to the enhanced Castle Doctrine law, a person may carry a loaded handgun or long gun in their private vehicle without a permit.

Open carry permitted? Yes Yes T.C.A. § 39-17-1307
T.C.A. § 39-17-1308[39]
Open carry of loaded handguns is permitted for those who have been issued a license to carry. Long guns may only be carried unloaded.
State preemption of local restrictions? Yes Yes T.C.A. § 39-17-1314[39] State preemption per T.C.A. § 39-17-1314(a).[39] Local governments may post signs per T.C.A. § 39-17-1359[39] to prohibit carry on government property. Local government may not, however, prohibit firearms in locally owned/operated parks and other recreational areas.[40]
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 T.C.A. § 39-17-1361.[39]
Peaceable journey laws? No No None Federal rules observed.
Self-defense law Yes Yes T.C.A. § 39-11-611[39] There is no 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

Main article: Gun laws in Texas
Subject/Law Long guns Handguns Relevant Statutes Notes
State permit to purchase? No No
Firearm registration? No No
Owner license required? No No
Assault weapon law? No No
Magazine capacity restriction? No No
Carry license issued? No Yes GC Ch. 411.172[41] Concealed carry of a handgun requires a "shall-issue" license, and is subject to specific laws governing trespass while armed. Open carry of a handgun is prohibited with some exceptions (hunting, on one's own property).
Open carry? Yes No PC 46.02 Long gun, and black powder weapon (including handgun) open carry is not forbidden by law, unless it is done in a manner "calculated to cause alarm."
Concealed carry on college campus? No Yes Parking lots, parking garages, outdoor walkways legal with concealed handgun license; carry inside buildings prohibited.
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.

Municipal governments can enact regulations on the discharge of firearms (such as noise, nuisance or public safety ordinances); however, those laws are subject to and cannot preempt State law concerning justified use of a firearm.

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 loaded handgun without a permit while in or heading directly to a motor vehicle or watercraft they own or control. The statute does not specifically state the handgun must be concealed while heading to the vehicle or watercraft, and 46.02, which requires concealment of a handgun while in a motor vehicle or watercraft, is not applicable to a person while the person is traveling, pursuant to said activities. 46.15(b)(2).
Castle doctrine/ stand your ground law? 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, or to prevent an unlawful, forceful attempt to remove a lawful occupant from the dwelling, or to prevent certain serious felonies such as burglary or arson. There is no duty to retreat from any place where the shooter has a legal right to be.

Utah

Main article: Gun laws in Utah
Subject/Law Long guns Handguns Relevant Statutes Notes
State permit to purchase? No No Private sales are legal. No waiting period.
Firearm registration? No No
Assault Weapons law? No No
Owner license required? No No
Carry permits issued? Yes Yes UT 53-05-0704 Open carry allowed without permit and concealed carry of loaded firearm allowed with permit.
Open carry permitted? Yes Yes Open carry of unloaded handguns and long guns is generally permitted without a permit.
State pre-emption of local restrictions? Yes Yes Municipalities may regulate the discharge of firearms.
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 law? Yes Yes 76-10-523 Persons exempt from weapons laws.

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

Castle Doctrine law? Yes Yes 76-2-405 Force in defense of habitation.

"(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if: (a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or (b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony. (2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony."

Stand Your Ground law? Yes Yes 76-2-405 Force in defense of person -- Forcible felony defined.

"(1) (a) A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person's imminent use of unlawful force. (b) A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person's imminent use of unlawful force, or to prevent the commission of a forcible felony."

Vermont

Main article: Gun laws in Vermont
Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine restriction? No No
Owner license required? No No
Carry permits issued? No No Vermont Firearm Laws May carry open or concealed without permit as long as you are a citizen of the U.S. or a lawfully admitted alien, and not otherwise prohibited from possessing firearms under state or federal law.
Open carry? Yes Yes
State Preemption of local restrictions? Yes Yes
NFA weapons restricted? No No All NFA weapons are allowed with the exception that silencers may not be sold or possessed by civilians.[42]

Virginia

Main article: Gun laws in Virginia
Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No* No* *Automatic firearms are required to be registered with the state police.
Owner license required? No* No* *Proof of age and citizenship required for the purchase of "assault weapons".
Carry permits issued? No Yes § 18.2-308 Virginia is a "shall issue" state for concealed carry. Permits are issued to non-residents and training is permitted online or in person.
Open carry permitted? Yes Yes § 15.2-915.2

§ 18.2-287.4

§ 18.2-282.

Open carry is generally allowed without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of "assault weapons" (any firearm that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock) or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders. Stated differently, you may open carry an assault weapon/shotgun with more than 7 rounds with a permit in the aforementioned locations, but do not need a permit to do so in any other locality in Virginia.

For open carry in a vehicle, the firearm must be "properly secured in a container or compartment within the vehicle" (ie glove box, center console, trunk, etc). The container/compartment does not have to be locked, the firearm may be within the reach of the driver or a passenger, and the firearm may be loaded. This does not preempt an employer from prohibiting firearms "at a place of employment if there is a company policy or signage prohibiting firearms on the premises."[43] Furthermore, a "county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality." However, this does not "apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business."

In addition, a firearm may be considered "open carry" in a vehicle if the firearm is openly visible, though this is not as well established as the "secured in a container/compartment" rule.

State preemption of local restrictions? Yes Yes § 15.2-915 Virginia has state preemption for most but not all firearm laws.
Assault weapon law? No* No* § 18.2-287.4

§ 18.2-308.2:01

*Proof of age (18+ for long arms, 21+ for pistols) and proof of citizenship (or permanent residence license) are required for the purchase of "assault weapons". "Assault weapons" are defined as a semi-automatic, centerfire, firearm equipped with a folding/adjustable stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer/suppressor.
Magazine restriction? No* No* § 18.2-287.4

§ 18.2-282.

*Magazines capable of holding more than 20 rounds are legal but, they make the firearm an "assault weapon", subject to law accordingly.
NFA weapons restricted? Yes Yes § 18.2-308.8

§ 18.2-308.5

§ 18.2-295

Automatic firearms must be registered with the state police. Plastic firearms and some destructive devices (such as the striker 12 shotgun) are prohibited outside law enforcement. SBS, SBR, AOWs, and silencers are legal with NFA paperwork.

Washington

Subject/Law Relevant Statutes for Long guns / Handguns Revised Code of Washington Notes
State Permit to Purchase? No / No
Firearm registration? No / Partial

RCW 09.41.110(9)(a) and (b)

Retail dealers must record and report all retail pistol sales to local police/sheriff and to state department of licensing.
Owner license required? No / No
Assault weapon law? No / No
Constitutional Right to Bear Arms? Yes / Yes WA Constitution art. 1 sec. 24
Carry permits issued? No / Yes

RCW 09.41.050 CCW Reciprocity

Washington is a "shall-issue" state and will grant concealed carry permits to all applicants who meet the criteria. There are no training requirements.
Open carry? Yes / Yes RCW 09.41.050 (in vehicle) Open carry is lawful in Washington without any permit. Open carry of a loaded handgun in a vehicle is legal only with a concealed pistol license. Open carry of a loaded long gun in a vehicle is illegal, regardless of CPL possession.
State Preemption of local restrictions? Yes / Yes

RCW 09.41.290 RCW 09.41.300

State Law does not allow more restrictive local laws.
NFA weapons restricted? Yes / Yes

RCW 09.41.190 RCW 09.41.220 RCW 09.41.225 RCW 09.41.250(1)(c)

Machine guns and short-barreled shotguns are illegal for non-law-enforcement possession. Silencers are lawful to possess and use if registered properly with ATF. Short barreled rifles are lawful to possess and use if registered properly with the ATF, as of June 12, 2014.[44]
Peaceable Journey laws? No / No

RCW 09.41.050 RCW 09.41.060 18 USC § 926A CCW Reciprocity

Federal travel-with-a-firearm laws apply. Some out-of-state CCW licenses valid, otherwise carry must be open or, in a vehicle, unloaded.
Castle Doctrine / Stand your ground law? Not defined - de facto RCW 9A.16.050, RCW 9A.16.110 The Washington State Supreme Court ruled "that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be."[45][46]

West Virginia

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No
Owner license required? No No
Carry permits issued? No Yes WV Code §61-7-4 West Virginia is a "shall issue" state for concealed carry.
Open carry permitted? No Yes Open carry is generally permitted, but some local restrictions are grandfathered in.
State preemption of local restrictions? Yes Yes Local laws in place before June 1, 1999 are valid. Pursuant to The Enrolled Public Act of Senate Bill 317 by The West Virginia Legislature, as Signed into Law by Governor Tomblin, The Amended Provisions of West Virginia Code Section 8-12-5a(a) Preempt and Preclude Municipalities from Regulating: '...The Carry[ing] of any Revolver, Pistol, Rifle, or Shotgun'. As a Result, a Municipality may no longer Prohibit Open Carry of a Firearm within its' Jurisdictional Limits.
Assault weapon law? No No
NFA weapons restricted? No No

Wisconsin

Main article: Gun laws in Wisconsin
Subject/Law Long guns Handguns Relevant Statutes Notes
Constitutional Right to Bear Arms Yes 1:25 "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 license issued? No Yes 175.60 Permit is given on a shall-issue basis. May carry openly without a license (except in taxpayer-owned buildings & school zones).
Open carry permitted? Yes Yes Open carry of loaded handguns and long guns is permitted without a license. If carrying openly in a vehicle, it must be "visible to ordinary observation" in order not to be considered concealed (needing a license).
Castle Doctrine/Self Defense Statutes Yes 895.62 Immunity from prosecution and civil damages in the home, with conditions and exceptions
939.48 No duty to retreat in the "dwelling" or owned/operated place of business. No deadly force solely to protect property. 3rd party protection. If attack is provoked, self defense may only be used if reasonable belief of imminent death or great bodily harm. If attack is provoked deadly force only allowed if all other reasonable means of avoidance exhausted.
940.01 "the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist in order to sustain a finding of guilt"
Firearm registration? No No
Assault weapon law? No No
Magazine restrictions? No No
Owner license required? No No 941.29
NFA weapons restricted? Machine Guns restricted, exceptions apply 941.298

941.26

Suppressors, SBR, and SBS allowed if NFA rules followed, otherwise felony

Wyoming

Main article: Gun laws in Wyoming
Subject/Law Long guns Handguns Relevant Statutes Notes
State Permit to Purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine Capacity Restriction? No No
Owner license required? No No
Carry permits issued? Yes Yes Residents may carry open or concealed without a permit however, permits are issued to those who wish to have them. Non-residents are required to have a CCW permit from a state Wyoming recognizes if they wish to carry concealed.
Open carry? Yes Yes No permit required for both residents and non-residents.
State Preemption of local restrictions? Yes Yes
NFA weapons restricted? No No

US Territories

American Samoa

Subject/Law Long guns Handguns Relevant statutes Notes
Permit to purchase? Yes N/A A license is required to purchase any firearm or ammunition but handguns are prohibited from civilian possession.
Firearm registration? Yes Yes All firearms must be registered with the American Samoa Public Safety Department.
Assault weapon law? Yes Yes Assault weapons and .50 BMG rifles prohibited.
Magazine capacity restriction? Yes Yes
Owner license required? Yes N/A A license is required to purchase any firearm or ammunition but handguns are prohibited from civilian possession.
Carry permits issued? No No The territory does not issue concealed carry permits.
Open carry? No No Open carry is prohibited.
NFA weapons restricted? Yes Yes Automatic firearms are prohibited.
Peaceable journey laws? No No Federal law (FOPA) applies.

Guam

Main article: Gun laws in Guam
Subject/Law Long guns Handguns Relevant Statutes Notes
Constitutional Right to Bear Arms
Permit to purchase/License required Yes Yes 60103, 60106 FOID required.
Firearm registration? Yes Yes 60110
Assault weapon law No No
Magazine capacity restriction? No No
NFA weapons Yes Yes SBR, SBS, Machine guns, and silencers are prohibited. Destructive devices and AOW's are legal with NFA tax stamp.
Castle law
Yes[47]
Concealed carry license issued? No Yes 60109 Shall Issue. Bill 296-32 passed by legislature for shall issue,[48] signed by Governor."Governor signs 12 bills, vetoes 2".
Open Carry Yes Yes FOID required.[49]

Northern Mariana Islands

Subject/Law Long guns Handguns Relevant statutes Notes
Permit to purchase? Yes N/A A license is required to purchase any firearm or ammunition but handguns are prohibited from civilian possession.
Firearm registration? Yes Yes All firearms must be registered with the Northern Mariana Islands Public Safety Department.
Assault weapon law? Yes Yes Assault weapons and .50 BMG rifles prohibited.
Magazine capacity restriction? Yes Yes
Owner license required? Yes N/A A license is required to purchase any firearm or ammunition but handguns are prohibited from civilian possession.
Carry permits issued? No No The territory does not issue concealed carry permits.
Open carry? No No Open carry is prohibited.
NFA weapons restricted? Yes Yes Automatic firearms are prohibited.
Peaceable journey laws? No No Federal law (FOPA) applies.

Puerto Rico

Subject/Law Long guns Handguns Relevant statutes Notes
Permit to purchase? Yes Yes A license is required to purchase any firearm or ammunition.
Firearm registration? Yes Yes All firearms must be registered with the Puerto Rico Police.
Assault weapon law? Yes Yes Assault weapons and .50 BMG rifles prohibited.
Magazine capacity restriction? Yes Yes
Owner license required? Yes Yes A target shooting license is required to purchase any firearm or ammunition.
Carry permits issued? No Yes The Commonwealth currently has a "may issue" policy for the issuance of concealed carry permits. In order to obtain one the applicant must already have a target shooting license and must appear before a judge and provide proof of a strong need for a permit. Very few people are issued permits.
Open carry? No No Open carry is prohibited.
NFA weapons restricted? Yes Yes Automatic firearms are prohibited.
Peaceable journey laws? No No Federal law (FOPA) applies.

U.S. Virgin Islands

Subject/Law Long guns Handguns Relevant statutes Notes
Permit to purchase? Yes Yes A license is required to purchase any firearm or ammunition.
Firearm registration? Yes Yes All firearms must be registered with the Virgin Islands Police Department.
Assault weapon law? Yes Yes Assault weapons and .50 BMG rifles prohibited.
Magazine capacity restriction? Yes Yes
Owner license required? Yes Yes A license is required to purchase any firearm or ammunition.
Carry permits issued? No Yes The territory currently has a "may issue" policy for the issuance of concealed carry permits. In order to obtain one, the applicant must meet a very stringent set of requirements. Due to the stringent requirements, very few people are issued permits.
Open carry? No No Open carry is prohibited.
NFA weapons restricted? Yes Yes Automatic firearms are prohibited.
Peaceable journey laws? No No Federal law (FOPA) applies.

References

  1. "State Constitutional Right to Keep and Bear Arms Provisions, UCLA School of Law". University of California, Los Angeles. December 31, 1991. Retrieved November 23, 2011.
  2. "New York Civil Rights – Article 2 – § 4 Right to Keep and Bear Arms". Law and Legal Research. March 30, 2010. Retrieved November 23, 2011.
  3. Liptak, Adam (June 28, 2010). "Justices Extend Firearm Rights in 5-to-4 Ruling", New York Times. Retrieved February 21, 2015.
  4. "U.S. Concealed Carry Reciprocity Map on". Usacarry.com. Retrieved November 23, 2011.
  5. "Printz v. United States, 521 U.S. 898 (1997)". FindLaw. Retrieved November 23, 2011.
  6. "Printz v. United States". Stephen P. Halbrook. Retrieved March 28, 2010. Congress may not require the States to administer a federal regulatory program
  7. http://ag.arkansas.gov/opinions/docs/2013-047.html
  8. Brantly, Max. "Attorney general disputes theory that legislature passed open carry gun law by inference". Arkansas Blog. Arkansas Times. Retrieved 28 September 2014.
  9. California Penal Code section 32310-32390, Official California Legislative Information. Retrieved August 15, 2014.
  10. AB-48 Firearms: large-capacity magazines.(2013-2014), California Legislative Information. Retrieved August 15, 2014.
  11. Penal Code Part 6, Title 4, Division 10, Chapter 5, Article 2 Exceptions Relating Specifically to Large-Capacity Magazines [32400 - 32450], California Legislative Information. Retrieved August 16, 2014.
  12. Measure C: Proposed Ordinance to Amend the City of Sunnyvale Municipal Code Establishing Gun Safety Regulations, City of Sunnyvale, California. Retrieved August 28, 2014.
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