Firearm legal topics of the |
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Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of Washington, D.C. and the U.S. territories) vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws. A minority of 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:
- Some states and localities require that a person obtain a license or permit in order to purchase or possess firearms.
- Some states and localities require that individual firearms be registered with the police or with another law enforcement agency.
- All states allow some form of concealed carry, the carrying of a concealed firearm in public.
- Many states allow some form of open carry, the carrying of an unconcealed firearm in public on one's person or in a vehicle.
- Some states have state preemption for some or all gun laws, which means that only the state can legally regulate firearms. In other states, local governments can pass their own gun laws more restrictive than those of the state.
- Some states and localities place additional restrictions on certain semi-automatic firearms that they have defined as assault weapons, or on magazines that can hold more than a certain number of rounds of ammunition.
- NFA weapons are weapons that are heavily restricted at a federal level by the National Firearms Act of 1934 and the Firearm Owners Protection Act of 1986. These include automatic firearms (such as machine guns), short-barreled shotguns, and short-barreled rifles. Some states and localities place additional restrictions on such weapons.
- Some states have enacted castle doctrine or stand-your-ground laws, which provide a legal basis for individuals to use deadly force in self-defense in certain situations, without a duty to flee or retreat if possible.
- In some states, peaceable journey laws give additional leeway for the possession of firearms by travelers who are passing through to another destination.
- Some states require a background check of the buyer when a firearm is sold by a private party. (Federal law requires background checks for sales by licensed gun dealers, and for any interstate sales.)
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. However, the issuing county sheriff can suspend or even revoke concealed carry privileges for wanton disregard of the law.[7] |
Open carry permitted? | Yes | Yes | | Open carry is generally permitted, but handgun must be securely contained in a holster. 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 | | Any Other Weapons (AOWs) disguised as walking canes are the only illegal firearms in Alabama. |
Background checks required for private sales? | No | No | | |
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 |
Shall Certify? |
Yes |
Yes |
AS 18.65.810 |
Shall certify within 30 days. |
Peaceable Journey laws? | No | No | None | Federal rules observed. |
Background checks required for private sales? | No | No | | |
Arizona
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
State permit required to purchase? | No | No | | |
Firearm registration required? | No | No | ARS 13-3101(B) | State law requires compliance with the National Firearms Act, but the state maintains no registry and imposes no additional requirements. |
Assault weapon prohibition or restrictions? | No | No | | |
Magazine Capacity Restriction? | No | No | | |
Owner license required? | No | 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. |
Shall certify? |
Yes |
Yes |
ARS 13-3121 |
Shall certify within 60 days. |
Peaceable journey laws? | No | No | | Federal rules observed. |
Background checks required for private sales? | No | No | | |
Arkansas
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 | 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 | Situation Unclear | 5-73-120 | "It was the intent of the sponsors of Act 746 to decriminalize the open carry of a firearm by persons not prohibited from legally possessing the firearm. It’s my belief that the language contained in 5-73-120 (a) will effectively do so when the new law takes effect on August 16." Nate Bell Cosponsor of Act 746 [8] This has yet to be sufficiently clarified.[9] 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 | |
Shall Certify? |
Yes |
Yes |
5-73-112 |
Shall certify within 15 days. |
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)) |
Background checks required for private sales? | No | No | | |
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 provide 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. |
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.[10] 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.[11] 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.[12] 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)[13] and the City and County of San Francisco (Article 9, Section 619 of the San Francisco Police Code)[14] 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.[15] |
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.[16] 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.
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".[17] |
Background checks required for private sales? | Yes | Yes | Cal. § 27545 | Private party transfers of firearms must be conducted though a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. |
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. |
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 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 | | |
Background checks required for private sales? | Yes | Yes | CRS § 18-12-112 | For private party transfers of firearms, the seller must request that a licensed dealer perform a background check of the buyer, and must get approval of the transfer from the Colorado Bureau of Investigation. |
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 National Instant Criminal Background Check System (NICS) background check and mental health records 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? | Partial | Partial | 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.[18] 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-residents must have a carry permit issued by a United States jurisdiction to apply. |
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 any place in the state that is not considered "off-limits" under state law. 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.[19] |
Vehicle carry permitted? | No | Yes | | A valid Connecticut pistol permit is required to carry a loaded weapon in a vehicle. Otherwise, the weapon must be unloaded and the firearm its ammunition must be stored in separate locked containers during transport. |
Duty to inform? | No | No | | Connecticut is not a duty to inform state. Those who are carrying a pistol or revolver must carry their permit with them. |
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. |
Background checks required for private sales? | Yes | Yes | | Private party firearm transfers require that a background check of the buyer be performed by a federally licensed dealer. |
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 without permit 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 a permit from the police chief or a state concealed permit to open carry. [20] |
NFA weapons restricted? | Yes | Yes | | SBRs and AOWs are legal. The city of Wilmington prohibits possession of SBRs within city limits. Machine guns, suppressors, Destructive Devices and SBS are prohibited for the average citizen.[21] |
Peaceable Journey laws? | No | No | | Federal rules observed. |
Background checks required for private sales? | Yes | Yes | 147th General Assembly: Chapter 20 | Private party transfers of firearms must be conducted though a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. |
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 | | The status of concealed carry licensing in the District of Columbia is currently in flux due to pending court challenges. On July 26, 2014, DC's ban on open and concealed carry was struck down as unconstitutional in Wren v. District of Columbia.[22] 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.[23][24] In response to the ruling, a Restrictive May-Issue concealed carry licensing law was enacted in September 2014. 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. However, on May 18, 2015, the "good cause" requirement was ruled as likely unconstitutional and a preliminary injunction was issued against DC from enforcing that requirement.[25] This effectively required the District to grant licenses on a Shall-Issue basis to qualified applicants who have passed a criminal background check and completed the required firearms safety training. Judge Scullin did not issue a stay of his ruling, but the Appeals Court did so on Jun 12, 2015, effectively leaving the restrictive 'good cause' requirement in place while litigation continues.[26] |
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. |
Background checks required for private sales? | Yes | Yes | DC Code §7–2505.02 | Private party firearm transfers must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. |
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, 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. |
Background checks required for private sales? | No | No | None | |
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 | 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). |
Background checks required for private sales? | No | No | None | |
Hawaii
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
State permit to purchase? | Yes | Yes | | |
Firearm registration? | Yes | Yes | HRS 0134-0002, HRS 0134-0003 | Must be registered with county police chief within 5 days of purchase or arrival to Hawaii. Registration not required for black powder and pre-1899 firearms. |
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? | No | No | | No license required to own any firearms in Hawaii, but all firearms, including those brought into the state by new residents, must be registered. |
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 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 AOWs are allowed with proper tax stamp and NFA paperwork from the ATF. |
Peaceable journey laws? | No | No | None | Federal laws observed. |
Background checks required for private sales? | Yes | Yes | HRS §134-2 | A person who wants to purchase a handgun or long gun must obtain a permit to acquire the ownership of a firearm, which requires a background check of the applicant. |
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. |
Background checks required for private sales? | No | No | | |
Illinois
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
State permit to purchase? | Yes | Yes | 430 ILCS 65 | FOID required. |
Owner permit required? | Yes | Yes | 430 ILCS 65 | FOID required. |
Firearm registration? | No | No | | |
Carry licenses issued? | No | Yes | Public Act 098-0063: Firearm Concealed Carry Act | Shall-issue with limited discretion.[27] Concealed carry licenses are issued by the state police. Licenses issued by other states are not recognized, but nonresidents from states with "substantially similar" licensing requirements can apply for an Illinois nonresident license. Non-residents may carry in a vehicle if they are in possession of a permit/license 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 handgun ammunition, and for the transportation of all 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, prior to the preemption deadline of July 20, 2013. |
Magazine capacity restriction? | No | No | | Some local governments have magazine capacity limits, 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. |
Background checks required for private sales? | Yes | Yes | 430 ILCS 65 | The seller must verify the buyer's FOID card with the Illinois State Police, and must keep a record of the sale for at least ten years. |
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."[28] Some gun rights advocates support the practice of open carry.[29] |
State Preemption of local restrictions? | Yes | Yes | IC 35-47-11.1-2 | Enacted in 2011 |
NFA weapons restricted? | No | No | IC 35-47-5-10 | Federal laws observed. |
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. |
Background checks required for private sales? | No | No | None | |
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 |
Background checks required for private sales? | No | Yes | 724.15 | A person acquiring a handgun must have an annual permit to acquire pistols or revolvers. |
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 as of 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 | | |
Shall Certify? |
Yes |
Yes |
48-1906 |
Shall certify within 15 days. |
Peaceable journey laws? | No | No | | Federal rules observed. |
Background checks required for private sales? | No | No | | |
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 | | |
Shall Certify? |
Yes |
Yes |
237.075 |
Shall certify within 15 days. |
Peaceable journey laws? | No | No | | Federal rules observed. |
Background checks required for private sales? | No | No | | |
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 | | Federal rules observed. |
Background checks required for private sales? | No | No | | |
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 §2003 | Maine is a "shall issue" state for concealed carry. Constitutional/permitless carry legislation took effect on October 15, 2015. |
Open carry permitted? | Yes | Yes | | Open carry is permitted. |
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 | |
NFA weapons restricted? | No | No | | |
Shall certify? |
Yes |
Yes |
25 MRSA §2013(3) |
Shall certify within 15 days. |
Background checks required for private sales? | No | No | | |
Maryland
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
Permit to purchase required? | No | Yes | Md Public Safety Article Section 5-117.1[30] | 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.[30] |
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 | No | | |
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 | Yes | | Open carry is permitted with a 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 .[30] |
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 unless done so outside the state of Maryland. |
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. |
Background checks required for private sales? | No | Yes | GAM Public Safety, §5-124 | All private transfers of regulated firearms (handguns or assault weapons) must be processed through a licensed dealer or designated law enforcement agency which must conduct a background check on the buyer. |
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 carry; any license denials need to have written explanation by the issuing authority, and are subject to appeal. The issuing authority is the local police chief for most jurisdictions. However Law abiding clean record Citizens are issued Licenses, but there are several different types of restrictions for carry licenses. License restrictions varies within the state. Towns closer to large cities (like Boston) are de facto restricted, whereas more rural (and some suburban) towns issue unrestricted. Permits are valid state wide as long as you are carrying in the manner you permitted. |
Open carry permitted? | No | Yes | | Open carry is legal with a License to Carry. However, open carry is frowned upon by the authorities with few exceptions, such as hunting. Open carry in most circumstances will likely be cause to revoke the 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 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. |
NFA weapons restricted? | Yes | Yes | [31] | 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 town 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. A machine gun license is required to possess a machine gun. |
Background checks required for private sales? | Yes | Yes | MA Ch. 140 Sec. 128A | The seller must verify the buyer's Firearm Identification Card with the Department of Criminal Justice Information Services. |
Michigan
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
Permit to purchase required? | No | Not from FFL | | Permit required for purchase from an individual if purchaser does not have a CPL or an FFL and the transaction is not processed through an FFL dealer. |
Firearm registration? | No | Yes | | Handgun sales are required to be registered to local law enforcement. |
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.[32] Carry in a vehicle is always considered concealed, and therefore requires a 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). |
Magazine Capacity Restriction? | No | No | | |
NFA weapons restricted? | Yes | Yes | | Short barreled shotguns, short barreled rifles, automatic weapons, AOW's, and silencers/suppressors are allowed if in compliance with federal law. |
Background checks required for private sales? | No | Yes | MCL 28.422a | A person acquiring a handgun must have either a handgun purchase license or a license to carry a concealed handgun. A background check is required to obtain either of these licenses. |
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. |
Open Carry? | Yes | Yes | §624.7181 | Whoever carries a BB gun, rifle, or shotgun on or about the person in a public place is guilty of a gross misdemeanor. A person under the age of 21 who carries a semiautomatic military-style assault weapon on or about their person in public place is guilty of a felony. May carry a pistol or a long gun openly only with permit to carry a pistol. |
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. Some destructive devices are prohibited in most cases. Sound suppressors and short barreled rifles are legal. |
Peaceable Journey laws? | Yes | Yes | §97B.045 §624.714, Subd. 9 | Any legally possessed gun may be transported in a motor vehicle, provided it is unloaded and cased. |
Background checks required for private sales? | No | No | | |
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,[33] 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.
As of July 1, 2015 the concealed carry law was amended to say "no license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case." [34] |
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.[35] |
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? | | | | |
Background checks required for private sales? | No | No | | |
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, a valid CCW overrides local laws against Open Carry, state wide. |
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 | | |
Background checks required for private sales? | No | No | | |
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 | | |
Background checks required for private sales? | No | No | | |
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. The City of Lincoln requires reporting of firearms sales other than long guns commonly used for sporting purposes. |
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 partial state preemption for most but not all firearms laws. Other than discharge ordinances, local firearms ordinances are preempted for individuals who hold a valid Concealed Handgun Permit (CHP). These local ordinances are still enforceable against non-permitholders. |
Assault weapon law? | No | No | | |
NFA weapons restricted? | No | No | | |
Background checks required for private sales? | No | Yes | NE RS 69-2403 | A person acquiring a handgun must have either a handgun certificate or a concealed handgun permit and has therefore been subject to a background check. |
Nevada
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
Permit to purchase required? | No | No | | |
Firearm registration? | No | No | | As of June 2015, Clark County no longer requires the registration of handguns. Also, the same bill states that no local laws can be enforced and only state laws apply in regards to firearm laws. [4] |
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 may be anywhere except concealed upon the person without a concealed firearm permit.[36][37] |
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 was grandfathered in, until SB175 (signed into law June 2nd, 2015) removed the authority of the county to register handguns in Nevada.[38] |
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.[39][40] |
Background checks required for private sales? | No | No | | |
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 | | |
Background checks required for private sales? | 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. According to state law, handgun purchase permits are supposed to be granted on a Shall-Issue basis, but in practice many issuing authorities require the applicant to justify the need for a handgun before granting approval for the permit. Some issuing authorities have been known to arbitrarily deny purchase permits. |
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 machine gun. |
Carry permits issued? | Yes | 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 or an individual with political connections. 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. Long guns can be carried unloaded with a valid firearms purchaser ID card. |
Open carry? | Yes | 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. While technically legal to carry long guns with a Firearm Purchaser ID card, it is generally frowned upon by law enforcement, except when hunting. |
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.[41] 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 | N.J.S.A 2C:39-3 a-c; 2C:58-5 | Possession of short barreled rifles, short barreled shotguns, destructive devices, and suppressors are prohibited to the average citizen. Law is silent on AOWs. Possession of a machine gun requires a state license, which is granted on a may issue basis by a county superior court judge. Machine gun licenses are extremely difficult to obtain. |
Background checks required for private sales? | Yes | Yes | NJC 2C:58-3 | A person acquiring a handgun must have a permit to purchase a handgun. A person acquiring a long gun must have a firearms purchaser identification card. Either of these require a background check. |
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 | | |
Vehicle carry permitted? | Yes | Yes | | A loaded firearm may be carried/transported either openly or concealed in a vehicle without a permit. |
Duty to Inform? | No* | No* | | *Although not mandated by state law, it is customary in New Mexico to inform law enforcement officials when transporting firearms. |
Concealed Carry on College Campuses? | No | No | | Firearms and ammunition 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."[42] 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. |
Duty to Retreat? | Yes* | Yes* | | *Except for self-defense situations occurring inside the home, IAW State v. Couch (1946). |
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 |
Background checks required for private sales? | No | No | | |
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 for residents and part-time residents. 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). New York does not issue permits to non-residents. |
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 struck 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. AOW's are legal to own but are still required to be on a pistol permit. AOW's disguised as non-firearms are illegal. |
Open carry? | Yes | No | S 265.35, S 265.01 | The law is extremely vague on open carry. Open carry in public is not legal in most instances in NY. While no law specifically bans open carry, a license to carry is issued to carry concealed as per penal law 400. Therefore, pistol permit holders must carry concealed. Open carry permitted while hunting and possibly on one's own property. |
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.[43] 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. |
Background checks required for private sales? | Yes | Yes | NY Gen Bus L § 898 (2012) | For firearm transfers between private parties, a licensed dealer must conduct a background check, provide documentation of the check to the New York State Police, and keep a record of the transaction. |
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. N.B. The individual must inform a Law Enforcement officer when addressed he/she is carrying a concealed handgun n. (Gen Stat. § 14-415.12A) [44] |
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 | | All NFA weapons (Title II weapons) and silencers/suppressors are allowed, as long as federal rules are followed |
Shall Certify? |
Yes |
Yes |
Section 13 (§ 14-409.41) |
Shall certify within 15 days. |
Background checks required for private sales? | No | Yes | Article 52A, § 14-402 | A person acquiring a handgun must have either a permit to purchase a handgun or a concealed handgun permit. A background check is required to obtain either of these permits. |
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. |
Shall Certify? |
Yes |
Yes |
62.1-05 |
Shall certify within 30 days. |
Background checks required for private sales? | No | No | | |
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 | O.R.C. 2923.11 |
|
Owner license required? | No | No | None | |
Carry permits issued? | No | Yes | O.R.C 2923.125 |
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 |
O.R.C. 2923.17 |
NFA items are legal if registered in accordance with the NFA. |
Shall Certify? |
Yes |
Yes |
O.R.C. 311.43 |
Shall certify within 45 days. |
Peaceable Journey laws? | No | No | None | Federal rules observed. |
Duty to Inform? | No | Yes | O.R.C. 2923.126 | 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. |
Background checks required for private sales? | No | No | | |
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.[45] |
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. |
Shall Certify? |
Yes |
Yes |
§21-1289.30 |
Shall certify within 15 days. |
Background checks required for private sales? | No | No | | |
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 FFL holders for a period of 5 years, after such period these records are destroyed. |
Assault Weapon law? | No | No | | There is no law regulating the so called "Assault Rifle" However owners must comply with the National Firearms Act of 1934 regulating the ownership of automatic weapons, suppressors, and short barreled rifles. |
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. Carrying of a concealed firearm is prohibited by ORS 166.250, however holders of a valid Concealed Handgun License are exempt from this law. (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 | ORS 166.170 | Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the State Legislative Assembly. (See ORS 166.170) |
NFA weapons restricted? | No | No | | Possession of NFA restricted firearms and non firearm items is legal but owners must comply with the NFA Regulations |
Peaceable journey laws? | Yes | Yes | | The State of Oregon recognizes federal law Title 18 U.S. Code § 926A |
Background checks required for private sales? | Yes | Yes | SB941 (2015) | Private party firearm transfers must be conducted through a licensed firearm dealer while both parties are present. The dealer is required by federal law to conduct a background check and keep a record of the sale. |
Pennsylvania
Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
State permit to purchase? | No | No | | |
Firearm registration? | No | No* | (18 Pa.C.S. § 6111.4) | All handgun buyers in the state must undergo a PICS check at the point of sale, a record of which is maintained by the state police in a "sales database". The Pennsylvania Supreme Court has ruled that this is legal under 18 Pa.C.S. § 6111.4, as it is not a comprehensive record of all handgun ownership within the state, as gun owners moving into the state are not required to register their firearms. |
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 is required to carry a firearm within a City of the First Class (Philadelphia), in a vehicle 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 inside castle if confronted with a deadly weapon. (Similar to Florida's stand your ground law with a minor difference. You may stand your ground in PA but only if the person attempting to confront said person has a weapon that is of lethal force to that individual.) |
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. |
Background checks required for private sales? | No | Yes | | All private party transfers of handguns must be processed through a licensed dealer, or at a county sheriff's office. In either case a background check is required. |
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. Until recently, most local authorities had been deferring to the attorney general which effectively blocks most issuance, unless one is a retired LEO.
The practice of not issuing permits on a true 'shall issue' basis has been the subject of recent litigation. In April 2015, the Rhode Island Supreme Court has ruled that a police chief must accept and review carry permit applications and must render a decision and the reasons for that decision. More significantly, the court ruled that the issuing authority must "show cause" for denying an applicant a carry license.[46]
Permits issued by local authorities and the Attorney General's office are valid for concealed carry statewide. |
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 whose handgun carry permits were issued by local authorities. Long gun open carry with or without a permit is not prohibited by law. |
Vehicle carry? | No | Yes | RI Gen. Stat. 11–47–8 | With a valid Rhode Island Handgun Carry Permit. Non-residents may carry in a vehicle with a valid concealed carry permit issued by their home state while traveling through Rhode Island. Weapon must be concealed when carrying in this manner. |
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. |
Background checks required for private sales? | Yes | Yes | | For all firearm transfers, the buyer must pass a background check. |
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? | Yes (16-23-460) | 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". |
Background checks required for private sales? | No | No | | |
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 | | |
Background checks required for private sales? | No | No | | |
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[47] | 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[47] | 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[47] | State preemption per T.C.A. § 39-17-1314(a).[47] Local governments may post signs per T.C.A. § 39-17-1359[47] to prohibit carry on government property. Local government may not, however, prohibit firearms in locally owned/operated parks and other recreational areas.[48] |
NFA weapons restricted? | No | No | None | On July 1, 2003 public chapter 275 is in effect. |
Shall Certify? |
Yes |
Yes |
T.C.A. § 39-17-1361 |
Shall certify within 15 days. |
Peaceable journey laws? | No | No | None | Federal rules observed. |
Self-defense law | Yes | Yes | T.C.A. § 39-11-611[47] | 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. |
Background checks required for private sales? | No | No | None | |
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[49] | Concealed carry of a handgun requires a "shall-issue" license, and is subject to specific laws governing trespass while armed. People who are barred from licensing include those under age 21, felons, fugitives, people who are "chemically dependent" or "incapable of exercising sound judgment", and those in arrears for taxes or child support. |
Open carry? | Yes | Yes | PC 46.02 | Long gun and black powder weapon (including handgun) open carry is not forbidden by law, unless in a manner "calculated to cause alarm." Effective January 1, 2016, individuals with concealed carry licenses will be permitted to carry openly, per House Bill 910 of the 2015 legislative session. Non-residents from states whose permits are recognized by Texas will also be allowed to open carry under the new law. |
Concealed carry on college campus? | No | Yes | | Parking lots, parking garages, outdoor walkways legal with concealed handgun license; carry inside buildings currently prohibited. Beginning September 1, 2016, public four year universities must allow concealed carry in buildings. Universities will be allowed to designate certain areas as Gun Free Zones on campus; these will be subject to legislative analysis. Two year public colleges will follow similarly with the law taking effect on these campuses September 1, 2017. |
State preemption of local restrictions? | Yes | Yes | LGC §229.001. | State law prohibits municipal governments from regulating the ownership, transfer, storage, or licensing of firearms, ammunition, or accessories. Local ordinances can regulate the discharge of firearms (such as for noise, nuisance or public safety), but not in contradiction of 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. |
Background checks required for private sales? | No | No | | |
Utah
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
State permit to purchase? | No | No | | |
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 handguns without a permit is allowed as long as the handgun is at least 2 actions from being fired, i.e., 1) rack the slide to chamber, and 2) pull the trigger
Open carry of a loaded handgun (e.g., a live round of ammunition in the firing chamber) is allowed with a permit |
State preemption 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. |
Shall certify? |
Yes |
Yes |
53-5a-104 |
Shall certify within 15 days. |
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 | 76-2-402 | 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." |
Background checks required for private sales? | No | No | | |
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? | Not exceeding 5 rounds While hunting unless .22lr | 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 | | June 17th, 2015 Vermont legalized suppressors.[50] |
Background checks required for private sales? | No | No | | |
Virginia
Subject/Law | Long Guns | Handguns | Relevant Statutes | Notes |
Permit to purchase required? | No | No | | |
Firearm registration? | No | No | § 18.2-295 | Fully-automatic firearms (machine guns) 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."[51] 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 |
Fully-automatic firearms (machine guns) 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. |
Background checks required for private sales? | No | No | | |
Washington
Subject/Law | 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 | | |
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. |
Assault weapons ban? | No | No | | |
Magazine capacity rectrictions? | No | No | | |
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.[52] |
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."[53][54] |
Background checks required for private sales? | Yes | Yes | Initiative 594 (2014) | Private party firearm transfers must be conducted through a licensed dealer, who is required by federal law to conduct a background check and keep a record of the sale. |
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 | | |
Shall Certify? |
Yes |
Yes |
§61-7-16 |
Shall certify within 30 days. |
Background checks required for private sales? | No | No | | |
Wisconsin
Subject/Law | | 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 |
66.0409 | |
State Permit to Purchase? | No |
175.35 |
Concealed carry license issued? | Handguns |
175.60 |
Permit is given on a shall-issue basis. Concealed carry of knives (not intended for use as weapons) is legal without a permit. |
Owner license required? | No |
941.29 | |
Open carry permitted? | Handgun, Long gun, Knife | 947.01 66.0409 | Open carry of loaded handguns and long guns and knives is permitted without 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 | | |
Assault weapon law? | No | | |
Magazine capacity restrictions? | No | | |
Switchblade law? | No[55] | | |
NFA weapons restricted? | Machine Guns restricted, exceptions apply |
941.298
941.26 |
Suppressors, SBR, and SBS allowed if NFA rules followed, otherwise felony |
Background checks required for private sales? | No | | |
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 | | |
Background checks required for private sales? | 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
Subject/Law | Long guns | Handguns | Relevant Statutes | Notes |
|
Permit to purchase | Yes | Yes | 60103, 60106 | FOID required. |
Owner License Required | Yes | Yes | 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[56] | | |
Concealed carry license issued? | No | Yes |
60109 | Shall Issue. Bill 296-32 passed by legislature for shall issue,[57] signed by Governor."Governor signs 12 bills, vetoes 2". |
Open Carry | Yes | Yes | | FOID required.[58] |
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? | No | No | | Firearms purchases are subject to the requirements of US Federal law |
Firearm registration? | No | No | | |
Assault weapon law? | No | No | | |
Magazine capacity restriction? | No | No | | |
Owner license required? | No | No | | |
Carry permits issued? | No | No | | The Commonwealth had a "may issue" policy for the issuance of concealed carry permits, however this scheme was ruled unconstitutional. As of June 20, 2015, both concealed and open carry without a permit are legal.[59] |
Open carry? | Yes | Yes | | |
NFA weapons restricted? | No | No | | 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 concealed carry permits. To obtain one, the applicant must meet a stringent set of requirements, so few people receive 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. |
See also
- Note: Please see many links in the box at the top of the page called "Firearm legal topics of the United States of America".
References
- ↑ "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.
- ↑ "New York Civil Rights – Article 2 – § 4 Right to Keep and Bear Arms". Law and Legal Research. March 30, 2010. Retrieved November 23, 2011.
- ↑ Liptak, Adam (June 28, 2010). "Justices Extend Firearm Rights in 5-to-4 Ruling", New York Times. Retrieved February 21, 2015.
- ↑ "U.S. Concealed Carry Reciprocity Map on". Usacarry.com. Retrieved November 23, 2011.
- ↑ "Printz v. United States, 521 U.S. 898 (1997)". FindLaw. Retrieved November 23, 2011.
- ↑ "Printz v. United States". Stephen P. Halbrook. Retrieved March 28, 2010.
Congress may not require the States to administer a federal regulatory program
- ↑ Kirby, Brendan (August 4, 2014). "Alabama Has One Concealed-Carry Permit Law, 67 Ways to Apply It", AL.com. Retrieved September 9, 2015.
- ↑ McDaniel, Dustin (July 8, 2013). "Opinion No. 2013-047", Arkansas Attorney General. Retrieved May 1, 2015.
- ↑ Brantly, Max. "Attorney general disputes theory that legislature passed open carry gun law by inference". Arkansas Blog. Arkansas Times. Retrieved 28 September 2014.
- ↑ California Penal Code section 32310-32390, Official California Legislative Information. Retrieved August 15, 2014.
- ↑ AB-48 Firearms: large-capacity magazines.(2013-2014), California Legislative Information. Retrieved August 15, 2014.
- ↑ 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.
- ↑ Measure C: Proposed Ordinance to Amend the City of Sunnyvale Municipal Code Establishing Gun Safety Regulations, City of Sunnyvale, California. Retrieved August 28, 2014.
- ↑ San Francisco Police Code: Prohibition Against Possession of Large Capacity Magazines., American Legal Publishing. Retrieved August 29, 2014.
- ↑ Zahniser, David (May 3, 2013). "L.A. Looks to Ban Possession of High-Capacity Gun Magazines", Los Angeles Times. Retrieved August 28, 2014.
- ↑ "Court overturns restrictions on concealed guns in much of California", Los Angeles Times. Retrieved August 27, 2015.
- ↑ "Silvester v. Harris, CASE NO. 1:11-CV-2137 AWI SAB" (PDF). US District Court, Eastern District of California. Retrieved March 21, 2015.
- ↑ Commissioner of Public Safety Letter to David A Cough, September 12, 2013
- ↑ Connecticut Carry's Article on open carry citing state and town evidence
- ↑ Elsmere Town Code, §155-1 - J (Ordnance Number 146, enacted on 6-26-1980)
- ↑ "Delaware", Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved October 4, 2015.
- ↑ Memorandum-Decision and Order, Palmer v. District of Columbia, No. 1,09-cv-01482-FJS (D.D.C. July 24, 2014), ECF No. 51.
- ↑ Order, Palmer v. District of Columbia, No. 1:09-cv-01482-FJS (D.D.C. July 29, 2014), ECF No. 53.
- ↑ Noble, Andrea (July 29, 2014). "Federal Judge Grants 90-Day Stay in D.C. Gun Case", Washington Times. Retrieved July 29, 2014.
- ↑ "Court Rebukes D.C. for Discretionary Licensing Regime, Orders Issuance of Concealed Carry Licenses to Eligible Applicant".
- ↑ Wiggins, Ovetta (2015-06-14). "D.C. can require gun applicants to provide a ‘good reason’ for now". The Washington Post. ISSN 0190-8286. Retrieved 2015-06-16.
- ↑ "Concealed Weapons Permitting Policy Summary", Law Center to Prevent Gun Violence, August 28, 2013. Retrieved March 19, 2014.
- ↑ "Does Indiana law require me to carry my handgun on my person in a concealed or exposed manner?", Frequently Asked Questions, IN.gov. Retrieved August 16, 2014.
- ↑ Hager, Paul (November 19, 2000). "Concealed Versus Open Carry", paulhager.org. Retrieved August 16, 2014.
- 1 2 3 Senate Bill 281: Firearm Safety Act of 2013, Maryland Legislature 2013 Regular Session. Retrieved October 9, 2013.
- ↑ https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section131
- ↑ "Michigan Open Carry - FAQ". Michigan Open Carry, Inc.
- ↑ "House Bill 506" (PDF). Retrieved June 13, 2013.
- ↑ http://billstatus.ls.state.ms.us/documents/2015/html/SB/2300-2399/SB2394SG.htm
- ↑ Mississippi Supreme Court decision: Mississippi v. Smith, State of Mississippi Judiciary. Retrieved August 16, 2014.
- ↑ "North Las Vegas Municipal Ord. 9§32.080 - Deadly weapon prohibited in vehicle — Exceptions". Municode.com. Retrieved April 28, 2014.
- ↑ "North Las Vegas Municipal Ord. 9§32.040 - Dangerous or Deadly Weapon defined". Municode.com. Retrieved April 28, 2014.
- ↑ "SB175".
- ↑ "18 USC §922(b)4 - Unlawful Transfer". GPO.gov. April 1, 2012.
- ↑ "27 CFR §478.98 - Sales or deliveries of destructive devices and certain firearms.". GPO.gov. April 1, 2012.
- ↑ "Title 13. Law and Public Safety – Chapter 54. Firearms and Weapons", New Jersey State Police. Retrieved October 4, 2015.
- ↑ New Mexico Has Stand Your Ground for Certain Juries, Albuquerque Journal, July 29, 2013
- ↑ Kopel, David (December 31, 2010). "Victory for Firearms Preemption in New York", The Volokh Conspiracy. Retrieved August 15, 2014.
- ↑ http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx
- ↑ Senate Bill 1733, Oklahoma Secretary of State. Retrieved August 15, 2014.
- ↑ "Gadomski v. Tavares", FindLaw. Retrieved September 6, 2015.
- 1 2 3 4 5 6 Lexis Nexis Tennessee Code Annotated (http://www.lexisnexis.com/hottopics/tncode/)
- ↑ HB0955 (April 24, 2015) amends TCA Title 39, Chapter 17, Part 13 "HB0995 Bill Information".
- ↑ "Texas Government Code - Section 411.172". Texas Constitution and Statutes. Retrieved 2015-06-13.
- ↑ "H.5 (Act 61): An act relating to hunting, fishing, and trapping". Archived from the original on June 25, 2015. Retrieved June 25, 2015.
- ↑ "Attorney General Opinion" (PDF).
- ↑ Salerno, Christina (March 7, 2014). "Legislature OKs Short-Barreled Rifles", TVW. Retrieved August 16, 2014.
- ↑ 137 Wn.2d 533 State of Washington v. Studd; Decided 1999/04/01.
- ↑ 150 Wn.2d 489 State of Washington v. Reynaldo Redmond; Decided 2003/12/06.
- ↑ http://www.wqow.com/story/31159647/2016/02/06/governor-walker-signs-bill-legalizing-concealed-switchblades
- ↑ "Castle Doctrine bill passed, allowing residents to protect thems - KUAM.com-KUAM News: On Air. Online. On Demand.". kuam.com. 2014-02-03. Retrieved 2014-05-12.
- ↑ "Senators make more changes to concealed carry bill | Pacific Daily News | guampdn.com". guampdn.com. Retrieved 2014-05-12.
- ↑ "Guam". handgunlaw.us. Retrieved 2014-05-12.
- ↑ "Court Victory Gives Puerto Rico Permitless Concealed Carry and Open Carry", Concealed Nation, June 20, 2015. Retrieved September 6, 2015.
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